Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems), 69369-69371 [2010-28544]
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Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules
procedures established by the
Commissioner.
*
*
*
*
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Dated: October 25, 2010.
David H. Stevens,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2010–28420 Filed 11–10–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2007–0072]
RIN 1218–AB80
Walking-Working Surfaces and
Personal Protective Equipment (Fall
Protection Systems)
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Proposed rule; notice of
informal public hearings.
AGENCY:
OSHA is convening an
informal public hearing to receive
testimony and documentary evidence
on the Walking-Working Surfaces and
Personal Protective Equipment (Fall
Protection Systems) proposed rule (29
CFR part 1910, subparts D and I),
published on May 24, 2010 (73 FR
28862).
SUMMARY:
Informal public hearings: OSHA
will hold an informal public hearing in
Washington, DC, beginning at 9:30 a.m.,
January 18, 2011. If necessary, the
hearing will continue on subsequent
days at the same time and location.
Notice of intention to appear to
provide testimony at the informal public
hearing: Parties who intend to present
testimony or question witnesses at the
informal public hearing must notify
OSHA in writing of their intention to do
so by November 30, 2010.
Hearing testimony and documentary
evidence: Parties requesting more than
10 minutes to present their testimony,
or who will be submitting documentary
evidence at the hearing must submit the
full text of their testimony and all
documentary evidence to OSHA by
December 21, 2010.
ADDRESSES: Informal public hearing:
The hearing will be held in the
auditorium of the Frances Perkins
Building, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC.
Notices of intention to appear,
hearing testimony, and documentary
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DATES:
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evidence: Submit notices of intention to
appear, hearing testimony, and
documentary evidence, identified by the
docket number (OSHA–2007–0072) or
the regulation identifier number (RIN
1218–AB80) using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions online for electronically
submitting materials, including
attachments,
• Fax: Send written submissions not
exceeding 10 pages in length, including
attachments, 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
hard copy to the OSHA Docket Office,
Technical Data Center, Room N–2625,
OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington,
DC 20210. These attachments must
clearly identify the sender’s name, date,
subject, and docket number (i.e.,
OSHA–2007–0072) so that OSHA can
attach them to the appropriate
document.
• Regular mail, express delivery,
hand delivery, and messenger and
courier service: Send materials to the
OSHA Docket Office, Docket No.
OSHA–2007–0072, Technical Data
Center, U.S. Department of Labor, Room
N–2625, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2350 (TTY number (877) 889–
5627). Note that security-related
problems may result in significant
delays in receiving submissions by
regular mail. Please contact the OSHA
Docket Office for information about
security procedures concerning delivery
of materials by express delivery, hand
delivery, or courier service. 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 (OSHA–2007–0072). All
submissions, including any personal
information, are placed in the public
docket without change, 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,
birthdates, and medical information. For
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69369
additional information on submitting
notices of intention to appear, hearing
testimony, or documentary evidence,
see the SUPPLEMENTARY INFORMATION
section of this notice below.
Docket: To read or download
comments and other material in the
docket, go to Docket No. OSHA–2007–
0072 at https://www.regulations.gov or to
the OSHA Docket Office at the address
above. While all submissions to the
docket are listed in the https://
www.regulations.gov, some information
(e.g., copyrighted material) is not
publicly available to read or download
through this Web site. However, all
submissions, including copyrighted
material, are available for inspection
and copying in the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions, including notices of
intention to appear, the text of
testimony, and documentary evidence.
The hours of operation for the OSHA
Docket Office are 8:15 a.m. to 4:45 p.m.,
e.t.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: MaryAnn Garrahan,
Office of Communications, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–3647, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–1999.
Technical inquiries and inquiries
about the hearing: Virginia Fitzner,
Office of Safety Systems, Directorate of
Standards and Guidance, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–3609, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–2052.
Copies of this Federal Register notice:
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 regarding the hearing, also
are available at OSHA’s Web page at
https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
Background. On May 24, 2010, OSHA
published a proposed rule to update,
revise, and reorganize the standards on
walking-working surfaces and to add
personal fall protection systems to the
Personal Protective Equipment standard
(73 FR 28862). OSHA invited written
comments and requests for hearings on
the proposed rule. The deadline for
submitting comments and hearing
requests was August 23, 2010. During
this period, a number of commenters
submitted requests for an informal
public hearing (see, e.g., Ex. OSHA–
2007–0072–0150.1). Accordingly, OSHA
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Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules
will hold an informal public hearing on
the proposed rule on Walking-Working
Surfaces and Personal Protective
Equipment (Fall Protection Systems) in
general industry on January 18, 2011, at
the Department of Labor’s Frances
Perkins Building, Washington, DC. If
necessary, the hearing will continue on
subsequent days at the same time and
location. This notice describes the
procedures the public must use to
participate in the hearings.
Public participation—comments and
hearings. OSHA invites members of the
public to participate in this rulemaking
by providing oral testimony and
documentary evidence at the informal
public hearings. In particular, OSHA
invites interested parties who have
knowledge of, or experience with,
walking-working surfaces and the issues
raised in the proposed rule to
participate in the hearings. OSHA also
welcomes data and documentary
evidence that will provide the Agency
with the best available evidence to use
in developing the final rule.
Hearing arrangements. 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 at the
informal public hearing to provide oral
testimony and documentary evidence
concerning the issues raised in the
proposal. An administrative law judge
(ALJ) presides over the hearing and will
resolve procedural matters relating to
the hearing on the first day.
Purpose of 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 the hearing is an ALJ, and
questioning of witnesses is allowed on
pertinent issues, the proceeding is
largely informal and legislative in
purpose. Therefore, the hearing
provides interested parties with an
opportunity to make effective and
expeditious oral presentations in the
absence of procedural restraints or rigid
procedures that could impede or
protract the rulemaking process. The
hearing is not an adjudicative
proceeding subject to the technical rules
of evidence. Instead, it is an informal
administrative proceeding convened to
gather information and clarify the
record. OSHA’s regulations 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
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and guidelines will be such that
questions regarding relevance,
procedures, and participation generally
will be resolved in favor of developing
a complete record.
Conduct of the hearing. Conduct of
the hearing will conform to the
provisions of 29 CFR part 1911 (Rules
of Procedure for Promulgating,
Modifying, or Revoking Occupational
Safety and Health Standards). Although
the ALJ who presides over the hearings
makes no decisions or recommendations
on the merits of the proposed or final
rules, 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 persons receive a full and fair
hearing, the ALJ has the authority to:
Regulate the course of the proceedings;
dispose of procedural requests,
objections, and similar matters; confine
presentations to matters pertinent to the
issues raised in the proposed rule; use
appropriate means to regulate the
conduct of the parties who are present
at the hearing; question witnesses, and
permit others to do so; and limit the
time for such questioning.
At the close of the hearing, the ALJ
will establish a post-hearing comment
period for parties who filed a timely
notice of intention to appear at the
hearing. During the first part of this
post-hearing period, these parties may
submit additional data and information
to OSHA, and, during the second part of
this period, they may submit briefs,
arguments, and summations.
Notice of intention to appear to
provide testimony at the informal public
hearing. Hearing participants must file a
written notice of intention to appear
prior to the hearing that provides 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;
• 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, while the
hearings are open to the public and
interested parties are welcome to attend,
only a party that files a notice of
intention to appear may question
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witnesses and participate fully at the
hearing. If time permits, and at the
discretion of the ALJ, a party that 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. Parties who request more than
10 minutes to present oral testimony at
the hearing, or will submit documentary
evidence at the hearing, must submit the
full text of their testimony and all
documentary evidence no later than
December 21, 2010. The Agency will
review each submission and determine
if the information it contains warrants
the amount of time the party requested
for the presentation. If OSHA
determines that the requested time is
excessive, the Agency will allocate an
appropriate amount of time for the
presentation; OSHA then will notify the
participants of the time allotted for their
presentations, and will provide the
reasons for this determination. The
Agency also may limit to 10 minutes the
presentation of any participant who fails
to comply substantially with these
procedural requirements. During the
hearing, OSHA may request that a
participant return for questioning at a
later time. Before the hearing, OSHA
will provide the pre-hearing guidelines
and hearing schedule to each hearing
participant.
Certification of the record and final
determination after the informal public
hearing. 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 hearing. 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 then
will issue the final rule based on the
record as a whole.
Authority and Signature
David Michaels, PhD, MPH, 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 4–2010 (75 FR 55355),
and 29 CFR part 1911.
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Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules
Signed at Washington, DC, on November 8,
2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–28544 Filed 11–10–10; 8:45 am]
BILLING CODE 4510–26–P
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or e-mail Lieutenant Julie
Blanchfield, Coast Guard; telephone
843–740–3184, e-mail
Julie.E.Blanchfield@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0995]
RIN 1625–AA00
Safety Zone; Beaufort River/Atlantic
Intracoastal Waterway, Beaufort, SC
Public Participation and Request for
Comments
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
Beaufort River portion of the Atlantic
Intracoastal Waterway, South Carolina
during the construction and expansion
of the J.E. McTeer Bridge, also referred
to as the S.C. 802 Bridge. This
regulation is necessary to protect life
and property on the navigable waters of
the Beaufort River during the
construction and expansion of the J.E.
McTeer Bridge. Persons and vessels will
be prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 13, 2010. The Coast
Guard anticipates that this proposed
rule will be effective from January 24,
2011 through January 28, 2011 and
enforced daily from 9 a.m. until 12 p.m.
and 2 p.m. until 5 p.m. on January 24,
2011 through January 28, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0995 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0995),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–0995’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
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69371
hand delivery, submit them in an
unbound format, no larger than 81⁄2; by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0995’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
The construction and expansion of
the J.E. McTeer Bridge will create safety
hazards within the main channel of the
Beaufort River in the vicinity of the J.E.
McTeer Bridge due to the presence of
construction equipment and the nature
of the construction project. The
described portion of the Atlantic
Intracoastal Waterway/Beaufort River
will be affected daily from 9 a.m. until
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]]>Agencies
[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Proposed Rules]
[Pages 69369-69371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28544]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2007-0072]
RIN 1218-AB80
Walking-Working Surfaces and Personal Protective Equipment (Fall
Protection Systems)
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; notice of informal public hearings.
-----------------------------------------------------------------------
SUMMARY: OSHA is convening an informal public hearing to receive
testimony and documentary evidence on the Walking-Working Surfaces and
Personal Protective Equipment (Fall Protection Systems) proposed rule
(29 CFR part 1910, subparts D and I), published on May 24, 2010 (73 FR
28862).
DATES: Informal public hearings: OSHA will hold an informal public
hearing in Washington, DC, beginning at 9:30 a.m., January 18, 2011. If
necessary, the hearing will continue on subsequent days at the same
time and location.
Notice of intention to appear to provide testimony at the informal
public hearing: Parties who intend to present testimony or question
witnesses at the informal public hearing must notify OSHA in writing of
their intention to do so by November 30, 2010.
Hearing testimony and documentary evidence: Parties requesting more
than 10 minutes to present their testimony, or who will be submitting
documentary evidence at the hearing must submit the full text of their
testimony and all documentary evidence to OSHA by December 21, 2010.
ADDRESSES: Informal public hearing: The hearing will be held in the
auditorium of the Frances Perkins Building, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC.
Notices of intention to appear, hearing testimony, and documentary
evidence: Submit notices of intention to appear, hearing testimony, and
documentary evidence, identified by the docket number (OSHA-2007-0072)
or the regulation identifier number (RIN 1218-AB80) using any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions online for electronically submitting materials,
including attachments,
Fax: Send written submissions not exceeding 10 pages in
length, including attachments, 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 hard copy to the OSHA Docket Office, Technical Data Center, Room N-
2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW.,
Washington, DC 20210. These attachments must clearly identify the
sender's name, date, subject, and docket number (i.e., OSHA-2007-0072)
so that OSHA can attach them to the appropriate document.
Regular mail, express delivery, hand delivery, and
messenger and courier service: Send materials to the OSHA Docket
Office, Docket No. OSHA-2007-0072, Technical Data Center, U.S.
Department of Labor, Room N-2625, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-2350 (TTY number (877) 889-
5627). Note that security-related problems may result in significant
delays in receiving submissions by regular mail. Please contact the
OSHA Docket Office for information about security procedures concerning
delivery of materials by express delivery, hand delivery, or courier
service. 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 (OSHA-2007-0072). All submissions, including any personal
information, are placed in the public docket without change, 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, birthdates, and medical information. For additional
information on submitting notices of intention to appear, hearing
testimony, or documentary evidence, see the SUPPLEMENTARY INFORMATION
section of this notice below.
Docket: To read or download comments and other material in the
docket, go to Docket No. OSHA-2007-0072 at https://www.regulations.gov
or to the OSHA Docket Office at the address above. While all
submissions to the docket are listed in the https://www.regulations.gov,
some information (e.g., copyrighted material) is not publicly available
to read or download through this Web site. However, all submissions,
including copyrighted material, are available for inspection and
copying in the OSHA Docket Office. Contact the OSHA Docket Office for
assistance in locating docket submissions, including notices of
intention to appear, the text of testimony, and documentary evidence.
The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45
p.m., e.t.
FOR FURTHER INFORMATION CONTACT: Press inquiries: MaryAnn Garrahan,
Office of Communications, U.S. Department of Labor, Occupational Safety
and Health Administration, Room N-3647, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-1999.
Technical inquiries and inquiries about the hearing: Virginia
Fitzner, Office of Safety Systems, Directorate of Standards and
Guidance, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-3609, 200 Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693-2052.
Copies of this Federal Register notice: 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
regarding the hearing, also are available at OSHA's Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION: Background. On May 24, 2010, OSHA published
a proposed rule to update, revise, and reorganize the standards on
walking-working surfaces and to add personal fall protection systems to
the Personal Protective Equipment standard (73 FR 28862). OSHA invited
written comments and requests for hearings on the proposed rule. The
deadline for submitting comments and hearing requests was August 23,
2010. During this period, a number of commenters submitted requests for
an informal public hearing (see, e.g., Ex. OSHA-2007-0072-0150.1).
Accordingly, OSHA
[[Page 69370]]
will hold an informal public hearing on the proposed rule on Walking-
Working Surfaces and Personal Protective Equipment (Fall Protection
Systems) in general industry on January 18, 2011, at the Department of
Labor's Frances Perkins Building, Washington, DC. If necessary, the
hearing will continue on subsequent days at the same time and location.
This notice describes the procedures the public must use to participate
in the hearings.
Public participation--comments and hearings. OSHA invites members
of the public to participate in this rulemaking by providing oral
testimony and documentary evidence at the informal public hearings. In
particular, OSHA invites interested parties who have knowledge of, or
experience with, walking-working surfaces and the issues raised in the
proposed rule to participate in the hearings. OSHA also welcomes data
and documentary evidence that will provide the Agency with the best
available evidence to use in developing the final rule.
Hearing arrangements. 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 at the informal public
hearing to provide oral testimony and documentary evidence concerning
the issues raised in the proposal. An administrative law judge (ALJ)
presides over the hearing and will resolve procedural matters relating
to the hearing on the first day.
Purpose of 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 the hearing is an ALJ, and
questioning of witnesses is allowed on pertinent issues, the proceeding
is largely informal and legislative in purpose. Therefore, the hearing
provides interested parties with an opportunity to make effective and
expeditious oral presentations in the absence of procedural restraints
or rigid procedures that could impede or protract the rulemaking
process. The hearing is not an adjudicative proceeding subject to the
technical rules of evidence. Instead, it is an informal administrative
proceeding convened to gather information and clarify the record.
OSHA's regulations 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 regarding
relevance, procedures, and participation generally will be resolved in
favor of developing a complete record.
Conduct of the hearing. Conduct of the hearing will conform to the
provisions of 29 CFR part 1911 (Rules of Procedure for Promulgating,
Modifying, or Revoking Occupational Safety and Health Standards).
Although the ALJ who presides over the hearings makes no decisions or
recommendations on the merits of the proposed or final rules, 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 persons receive a full and fair hearing, the ALJ has
the authority to: Regulate the course of the proceedings; dispose of
procedural requests, objections, and similar matters; confine
presentations to matters pertinent to the issues raised in the proposed
rule; use appropriate means to regulate the conduct of the parties who
are present at the hearing; question witnesses, and permit others to do
so; and limit the time for such questioning.
At the close of the hearing, the ALJ will establish a post-hearing
comment period for parties who filed a timely notice of intention to
appear at the hearing. During the first part of this post-hearing
period, these parties may submit additional data and information to
OSHA, and, during the second part of this period, they may submit
briefs, arguments, and summations.
Notice of intention to appear to provide testimony at the informal
public hearing. Hearing participants must file a written notice of
intention to appear prior to the hearing that provides 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;
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, while the hearings are open to the public and
interested parties are welcome to attend, only a party that files 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, a party that 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. Parties who request
more than 10 minutes to present oral testimony at the hearing, or will
submit documentary evidence at the hearing, must submit the full text
of their testimony and all documentary evidence no later than December
21, 2010. The Agency will review each submission and determine if the
information it contains warrants the amount of time the party requested
for the presentation. If OSHA determines that the requested time is
excessive, the Agency will allocate an appropriate amount of time for
the presentation; OSHA then will notify the participants of the time
allotted for their presentations, and will provide the reasons for this
determination. The Agency also may limit to 10 minutes the presentation
of any participant who fails to comply substantially with these
procedural requirements. During the hearing, OSHA may request that a
participant return for questioning at a later time. Before the hearing,
OSHA will provide the pre-hearing guidelines and hearing schedule to
each hearing participant.
Certification of the record and final determination after the
informal public hearing. 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 hearing. 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 then will issue the
final rule based on the record as a whole.
Authority and Signature
David Michaels, PhD, MPH, 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 4-
2010 (75 FR 55355), and 29 CFR part 1911.
[[Page 69371]]
Signed at Washington, DC, on November 8, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-28544 Filed 11-10-10; 8:45 am]
BILLING CODE 4510-26-P
