Hazard Communication, 68756-68758 [E9-30713]
Download as PDF
<![CDATA[
68756
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules
April 18, 1979, available at https://
www.hhs.gov/ohrp/humansubjects/guidance/
belmont.htm, accessed July 30, 2009.
5. De Angelis C., J.M. Drazen , F.A.
Frizelle, et al., ‘‘Clinical Trial Registration: A
Statement From the International Committee
of Medical Journal Editors, ’’ Annals of
Internal Medicine, 2004;141:477–8,
electronically published on September 8,
2004.
6. De Angelis, C., J.M. Drazen, et al., ‘‘Is
This Clinical Trial Fully Registered?: A
Statement From the International Committee
of Medical Journal Editors,’’ International
Committee of Medical Journal Editors,
available at https://www.icmje.org/
clin_trialup.htm, accessed on July 30, 2009.
¨
7. Sim, I., A. Chan, A. Gulmezoglu, T.
Evans, et al., ‘‘Clinical Trial Registration:
Transparency Is the Watchword,’’ The
Lancet, Vol. 367, Issue 9523, pp. 1631–33,
May 2006.
List of Subjects in 21 CFR Part 50
Human research subjects, Prisoners,
Reporting and recordkeeping
requirements, Safety.
Therefore, under the Federal Food,
Drug, and Cosmetic Act, the Public
Health Service Act, and under authority
delegated to the Commissioner of Food
and Drugs, it is proposed that 21 CFR
part 50 be amended as follows:
PART 50—PROTECTION OF HUMAN
SUBJECTS
1. The authority citation for 21 CFR
part 50 continues to read as follows:
Authority: 21 U.S.C. 321, 343, 346, 346a,
348, 350a, 350b, 352, 353, 355, 360, 360c–
360f, 360h–360j, 371, 379e, 381; 42 U.S.C.
216, 241, 262, 263b–263n.
2. Section 50.25 is amended by
adding paragraph (a)(9) to read as
follows:
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1
§ 50.25
Elements of informed consent.
(a) * * *
*
*
*
*
*
(9) For applicable clinical trials, as
defined in 42 U.S.C. 282(j)(1)(A), the
following statement, notifying the
subject that clinical trial information
has been or will be submitted for
inclusion in the clinical trial registry
databank under paragraph (j) of section
402 of the Public Health Service Act:
Information, that does not include
personally identifiable information,
concerning this clinical trial has been or
will be submitted, at the appropriate
and required time, to the governmentoperated clinical trial registry data bank,
which contains registration, results, and
other information about registered
clinical trials. This data bank can be
accessed by you and the general public
at www.ClinicalTrials.gov. Federal law
requires clinical trial information for
VerDate Nov<24>2008
15:17 Dec 28, 2009
Jkt 220001
certain clinical trials to be submitted to
the data bank.
*
*
*
*
*
Dated: December 23, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9–30751 Filed 12–28–09; 8:45 am]
BILLING CODE 4160–01–S
Proposed Rule was submitted on Friday,
18 December and was published
Wednesday, 23 December, 2009 in
Volume 74, Number 245 on pages
68200–68208.
Withdrawal of the rule does not
preclude the Department from issuing
another rule on the subject matter in the
future or committing the agency to any
future course of action.
Issued in Washington, DC, on December
23, 2009.
Dated: December 20, 2009.
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 6858]
Exchange Visitor Program—Secondary
School Students
Thelma Furlong,
Director, Office of Directives Management,
Department of State.
[FR Doc. E9–30837 Filed 12–28–09; 8:45 am]
BILLING CODE 4710–24–P
Department of State.
ACTION: Proposed rule; withdrawal.
AGENCY:
SUMMARY: On December 23, 2009 the
State Department published in the
Federal Register a proposed rule titled
Exchange Visitor Program—Secondary
School Students. The Department
revised existing regulations to provide
greater specificity and clarity to
sponsors of the Secondary School
Student category with respect to the
execution of sponsor oversight
responsibilities under the exchange
visitor program. This rule is being
withdrawn because it was submitted
prior to OMB completing review. The
proposed rule is withdrawn in its
entirety.
DATES: The proposed rule published at
74 FR, Number 245, December 23, 2009
is withdrawn effective December 28,
2009.
FOR FURTHER INFORMATION CONTACT:
Michael Cheman, U.S. Department of
State, Washington, DC 20547, (202)
312–9605.
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2009 the State
Department published a final rule at 74
FR, Number 245. The rule was intended
to revise existing regulations to provide
greater specificity and clarity to
sponsors of the Secondary School
Student category with respect to the
execution of sponsor oversight
responsibilities under the exchange
visitor program.
Reason for Withdrawal
This rule is being withdrawn because
it was submitted prior to OMB
completing review. The proposed rule is
withdrawn in its entirety. Accordingly,
the Department withdraws the rule
‘‘Exchange Visitor Program—Secondary
School Students’’, RIN 1400–AC56. This
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, and 1926
[Docket No. OSHA–H022K–2006–0062
(formerly OSHA Docket No. H022K)]
RIN 1218–AC20
Hazard Communication
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 its proposal to revise
the Hazard Communication Standard.
OSHA anticipates receiving several
hearing requests, and this document
describes the procedures the public
must use to participate in the hearings.
DATES: Informal public hearing. The
hearing will begin at 9:30 a.m., local
time, on the following dates:
• March 2, 2010, in Washington, DC;
• March 31, 2010, in Pittsburgh, PA;
and
• April 13, 2010, in Los Angeles, CA.
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 any of these locations must
submit (transmit, send, postmark,
deliver) a notice of their intention to do
so by January 18, 2010.
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
E:\FR\FM\29DEP1.SGM
29DEP1
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules
must submit (transmit, send, postmark,
deliver) the full text of their testimony
and all documentary evidence by
February 1, 2010.
ADDRESSES: Informal public hearing.
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
Pittsburgh, PA, and Los Angeles, CA,
hearings 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–H022K–2006–
0062, 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–H022K–2006–0062, 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–H022K–2006–0062). 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
VerDate Nov<24>2008
15:17 Dec 28, 2009
Jkt 220001
intention to appear, hearing testimony
or documentary evidence, see the
SUPPLEMENTARY INFORMATION section of
this notice.
Docket: To read or download
comments, notices of intention to
appear, and other material in the docket,
go to Docket No. OSHA–H022K–2006–
0062 at https://www.regulations.gov. 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
the Web site. All submissions and other
material in the docket 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 site, 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: Maureen
Ruskin, OSHA, Office of Chemical
Hazards-Metals, Room N–3718, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–1950.
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
September 30, 2009, OSHA published a
proposed rule to revise the Hazard
Communication Standard (HCS) to
conform with the United Nations’ (UN)
Globally Harmonized System of
Classification and Labelling of
Chemicals (GHS) (74 FR 50280). OSHA
published a correction notice for the
NPRM on November 5, 2009 (74 FR
57278). The deadline for submitting
written comments and hearing requests
is December 29, 2009. OSHA anticipates
receiving several hearing requests and is
scheduling hearings to begin on March
2, 2010, in Washington, DC; March 31,
2010, in Pittsburgh, PA; and April 13,
2010, in Los Angeles, CA. This
document describes the procedures the
public must use to participate in the
hearings.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
68757
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 hearing. In particular,
OSHA invites interested persons who
have knowledge of or experience with
hazard communication and the issues
the proposed rule raises to participate in
the hearings. OSHA also welcomes
presentation of data and documentary
evidence that will provide the Agency
with the best available evidence to use
in developing the final rule.
Pursuant to section 6(b)(3) of the
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 655(b)(3)),
members of the public have an
opportunity at the informal public
hearing to provide oral testimony and
evidence on issues raised by the
proposal. An administrative law judge
(ALJ) will preside over the hearing and
will resolve any procedural matters
relating to the hearing.
The legislative history of section 6 of
the OSH Act, as well as OSHA’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 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. 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 hearings and the prehearing
guidelines issued for the hearing will
ensure that participants are treated
fairly and provided 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, procedure,
and participation generally will be
resolved in favor of developing a clear,
accurate, and complete record.
Conduct of the hearing will conform
to 29 CFR 1911.15. In addition, 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).
E:\FR\FM\29DEP1.SGM
29DEP1
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1
68758
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules
Although the ALJ presiding over the
hearing makes no decision or
recommendation on the merits of the
proposal, the ALJ has the responsibility
and authority necessary to ensure that
the hearing progresses at a reasonable
pace and in an orderly manner. To
ensure that interested persons receive a
full and fair hearing, the ALJ has 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 question witnesses at one
of the hearing locations, interested
persons must submit (transmit, send,
postmark, deliver) their notice by
January 18, 2010. The notice must
provide the following information:
• Name, address, e-mail 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
and/or question witnesses;
• 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 raised by the proposed rule;
and
• A brief summary of documentary
evidence each individual intends to
present.
Participants who need projectors and
other special equipment for their
testimony must contact Ms. Veneta
VerDate Nov<24>2008
15:17 Dec 28, 2009
Jkt 220001
Chatmon at OSHA’s Office of
Communications, telephone (202) 693–
1999, no later than a week before the
hearing begins.
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
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 February 1, 2010.
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 will allow for
their presentation and, if less than
requested, 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 into the record and will issue
the final rule based on the record as a
whole.
Authority and Signature
David Michaels, Assistant Secretary of
Labor for Occupational Safety and
Health, directed the preparation of this
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
notice under the authority granted by
section 6(b) of the Occupational Safety
and Health Act of 1970 (29 U.S.C.
655(b)), Secretary of Labor’s Order 5–
2007 (72 FR 31160), and 29 CFR part
1911.
Signed at Washington, DC, on this 18th day
of December 2009.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E9–30713 Filed 12–28–09; 8:45 am]
BILLING CODE 4510–26–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2008–0787; FRL–9096–3]
Approval and Promulgation of
Implementation Plans; State of
Missouri
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA proposes to approve a
revision to the State Implementation
Plan (SIP) submitted by the state of
Missouri. This revision applies to
Missouri’s rule relating to restriction of
emission of visible air contaminants and
removes redundant definitions, removes
an outdated exemption for incinerators
used to burn refuse in the outstate area
of Missouri, and clarifies that the test
methods stated in the rule shall be used
to determine the opacity of visible
emissions. EPA is not taking action on
the state submitted revisions relating to
open burning, as these provisions revise
a rule that has not been adopted into the
SIP. This revision will ensure
consistency between the state and the
federally-approved rules.
DATES: Comments on this proposed
action must be received in writing by
January 28, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2008–0787, by mail to Lachala
Kemp, Environmental Protection
Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas
City, Kansas 66101. Comments may also
be submitted electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
section of the direct final rule located in
the rules section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Lachala Kemp at (913) 551–7214, or by
e-mail at kemp.lachala@epa.gov.
E:\FR\FM\29DEP1.SGM
29DEP1
]]>Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Proposed Rules]
[Pages 68756-68758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30713]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
[Docket No. OSHA-H022K-2006-0062 (formerly OSHA Docket No. H022K)]
RIN 1218-AC20
Hazard Communication
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 its proposal to
revise the Hazard Communication Standard. OSHA anticipates receiving
several hearing requests, and this document describes the procedures
the public must use to participate in the hearings.
DATES: Informal public hearing. The hearing will begin at 9:30 a.m.,
local time, on the following dates:
March 2, 2010, in Washington, DC;
March 31, 2010, in Pittsburgh, PA; and
April 13, 2010, in Los Angeles, CA.
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 any of these
locations must submit (transmit, send, postmark, deliver) a notice of
their intention to do so by January 18, 2010.
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
[[Page 68757]]
must submit (transmit, send, postmark, deliver) the full text of their
testimony and all documentary evidence by February 1, 2010.
ADDRESSES: Informal public hearing. 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 Pittsburgh, PA, and Los Angeles, CA, hearings 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-H022K-2006-0062, 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-H022K-2006-0062, 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-H022K-2006-0062).
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 comments, notices of intention to
appear, and other material in the docket, go to Docket No. OSHA-H022K-
2006-0062 at https://www.regulations.gov. 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 the Web site. All submissions and other
material in the docket 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 site, 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: Maureen Ruskin, OSHA, Office of Chemical
Hazards-Metals, Room N-3718, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone (202) 693-1950.
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 September 30, 2009, OSHA published a
proposed rule to revise the Hazard Communication Standard (HCS) to
conform with the United Nations' (UN) Globally Harmonized System of
Classification and Labelling of Chemicals (GHS) (74 FR 50280). OSHA
published a correction notice for the NPRM on November 5, 2009 (74 FR
57278). The deadline for submitting written comments and hearing
requests is December 29, 2009. OSHA anticipates receiving several
hearing requests and is scheduling hearings to begin on March 2, 2010,
in Washington, DC; March 31, 2010, in Pittsburgh, PA; and April 13,
2010, in Los Angeles, CA. This document 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 hearing. In particular, OSHA invites interested persons who have
knowledge of or experience with hazard communication and the issues the
proposed rule raises to participate in the hearings. OSHA also welcomes
presentation of data and documentary evidence that will provide the
Agency with the best available evidence to use in developing the final
rule.
Pursuant to section 6(b)(3) of the Occupational Safety and Health
Act of 1970 (OSH Act) (29 U.S.C. 655(b)(3)), members of the public have
an opportunity at the informal public hearing to provide oral testimony
and evidence on issues raised by the proposal. An administrative law
judge (ALJ) will preside over the hearing and will resolve any
procedural matters relating to the hearing.
The legislative history of section 6 of the OSH Act, as well as
OSHA'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 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. 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 hearings and the prehearing guidelines issued for the
hearing will ensure that participants are treated fairly and provided
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, procedure, and
participation generally will be resolved in favor of developing a
clear, accurate, and complete record.
Conduct of the hearing will conform to 29 CFR 1911.15. In addition,
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).
[[Page 68758]]
Although the ALJ presiding over the hearing makes no decision or
recommendation on the merits of the proposal, the ALJ has the
responsibility and authority necessary to ensure that the hearing
progresses at a reasonable pace and in an orderly manner. To ensure
that interested persons receive a full and fair hearing, the ALJ has
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 question witnesses at one of
the hearing locations, interested persons must submit (transmit, send,
postmark, deliver) their notice by January 18, 2010. The notice must
provide the following information:
Name, address, e-mail 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 and/or question witnesses;
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 raised by the proposed rule; and
A brief summary of documentary evidence each individual
intends to present.
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, no later than a week before
the hearing begins.
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 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 February 1, 2010.
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 will allow for their
presentation and, if less than requested, 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 into the record and will issue the final rule based
on the record as a whole.
Authority and Signature
David Michaels, 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(b)), Secretary of Labor's Order 5-2007 (72
FR 31160), and 29 CFR part 1911.
Signed at Washington, DC, on this 18th day of December 2009.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-30713 Filed 12-28-09; 8:45 am]
BILLING CODE 4510-26-P
