Occupational Exposure to Beryllium, 81475-81477 [2015-32764]

Download as PDF 81475 Proposed Rules Federal Register Vol. 80, No. 250 Wednesday, December 30, 2015 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. Dated: December 23, 2015. Mark P. Cohen, Principal Deputy Special Counsel. [FR Doc. 2015–32855 Filed 12–29–15; 8:45 am] BILLING CODE 7405–01–P DEPARTMENT OF LABOR OFFICE OF SPECIAL COUNSEL Occupational Safety and Health Administration 5 CFR Part 1800 Revision of Regulations To Allow Federal Contractors, Subcontractors, and Grantees To File Whistleblower Disclosures With the U.S. Office of Special Counsel; Withdrawal of Proposed Rule AGENCY: U.S. Office of Special Counsel. Withdrawal of proposed rulemaking. ACTION: In the Federal Register published on January 22, 2015, the U.S. Office of Special Counsel (OSC) issued a proposed rule that would allow the agency to accept covered disclosures of wrongdoing from employees working under a contract or grant with the Federal government. OSC hereby withdraws this proposed rule. SUMMARY: The proposed rule that appeared on January 22, 2015 at 80 FR 3182 is withdrawn as of December 30, 2015. DATES: Lisa V. Terry, General Counsel, U.S. Office of Special Counsel, by telephone at (202) 254–3600, by facsimile at (202) 254– 3711, or by email at lterry@osc.gov. FOR FURTHER INFORMATION CONTACT: The U.S. Office of Special Counsel (OSC) proposed revising its regulations to expand who may file a whistleblower disclosure with OSC. The proposed revision would have allowed employees of Federal contractors, subcontractors, and grantees to disclose wrongdoing within the Federal government if they work at or on behalf of a U.S. government component for which OSC has jurisdiction to accept disclosures. In response to the proposed rule, published in the Federal Register on January 22, 2015, OSC received 16 written comments. In light of the substantive issues raised by commenters, OSC is withdrawing its proposed rule for further consideration. mstockstill on DSK4VPTVN1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:44 Dec 29, 2015 Jkt 238001 29 CFR Parts 1910, 1915, and 1926 [Docket No. OSHA–H005C–2006–0870– 0353] RIN 1218–AB76 Occupational Exposure to Beryllium Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule; notice of informal public hearing. AGENCY: OSHA is scheduling an informal public hearing on its proposed rule ‘‘Occupational Exposure to Beryllium and Beryllium Compounds.’’ The proposed rule was published in the Federal Register on August 7, 2015 and the 90-day public comment period ended on November 5, 2015. This document describes the procedures that will govern this hearing. DATES: Informal public hearing. The hearing will begin on February 29, 2016 at 2 p.m. If necessary, the hearing will continue from 9:30 a.m. to 5:00 p.m., local time, on subsequent days, in Washington, DC. ADDRESSES: Informal public hearing. The Washington, DC hearing will be held in Room N4437 A, B, C, D at the Frances Perkins Building, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Notice of Intention to appear at the hearing: Interested persons who intend to present testimony or question witnesses at the hearing must submit (transmit, send, postmark, deliver) a notice of intention to appear, by January 29, 2016. Hearing testimony and documentary evidence. Interested persons who request more than 10 minutes to present testimony or intend to submit documentary evidence at the hearing must submit (transmit, send, postmark, deliver) the full text of their testimony and all documentary evidence by January 29, 2016. SUMMARY: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Methods of submission. All submissions must include the Agency name and the docket number for this rulemaking (OSHA–H005C–2006–0870– 0353). Notices of intention to appear, hearing testimony, and documentary evidence may be submitted by any of the following methods: Federal eRulemaking Portal: http:// 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 or courier service: Submit your materials to the OSHA Docket Office, Docket No. OSHA–H005C–2006–0870–0353, 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 or courier service) are accepted during the OSHA Docket Office’s normal hours of operation, 8:15 a.m. to 4:45 p.m., E.T. Instructions: All submission must include the Agency name and docket number for this rulemaking (OSHA– H005C–2006–0870–0353). All submissions, including any personal information, are placed in the public docket without change and may be available online at http:// www.regulations.gov. Therefore, OSHA cautions you about submitting certain personal information such as social security numbers and birth dates. 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–H005C–2006– E:\FR\FM\30DEP1.SGM 30DEP1 81476 Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Proposed Rules 0870–0353 at http:// www.regulations.gov. All documents in the docket are listed in the http:// www.regulations.gov index; however, some 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 http:// www.regulations.gov. This notice, as well as new releases and other relevant information, also is available at OSHA’s Web site at http://www.osha.gov. FOR FURTHER INFORMATION CONTACT: Press inquiries: Kimberly Darby, Office of Communications, Room N–3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone 202–693–1892. 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) 693–1955. Hearing inquiries: Gretta Jameson, OSHA, Office of Communications, Room N–3647; 200 Constitution Avenue NW., Washington, DC 20210; telephone 202–693–2176, email Jameson.Gretta@ dol.gov. On August 7, 2015, OSHA published a proposed rule to amend its existing exposure limits for occupational exposure in general industry to beryllium and beryllium compounds (80 FR 47565). The proposed rule would promulgate a substance-specific standard for general industry, regulating occupational exposure to beryllium and beryllium compounds. OSHA accepted comments concerning the proposed rule during the comment period, which ended on November 5, 2015. Commenters shared information and suggestions on a variety of topics, and the Non-Ferrous Founders’ Society also requested that OSHA schedule an informal public hearing on the proposed rule. Informal public hearing—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. OSHA also welcomes presentation of data and documentary evidence that will provide the Agency with the best available mstockstill on DSK4VPTVN1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:44 Dec 29, 2015 Jkt 238001 evidence to use in developing the final rule. Pursuant to 29 CFR 1911.15(a) and 5 U.S.C. 553(c), 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. OSHA’s regulation governing public hearings (29 CFR 1911.15) establishes 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 rigid procedures that could impede or protract the rulemaking process. The hearing is not an adjudicative proceeding subject to the Federal rules of evidence. Instead, it is an informal administrative proceeding convened for the purpose of gathering and clarifying information. Accordingly, 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, pursuant to 29 CFR 1911.4, 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. 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 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 from those who participated in the hearing (29 CFR 1911.16). If you submit scientific or technical studies or other results of scientific PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 research, OSHA requests (but is not requiring) that you also provide the following information where it is available: (1) Identification of the funding source(s) and sponsoring organization(s) of the research; (2) the extent to which the research findings were reviewed by a potentially affected party prior to publication or submission to the docket, and identification of any such parties; and (3) the nature of any financial relationships (e.g., consulting agreements, expert witness support, or research funding) between investigators who conducted the research and any organization(s) or entities having an interest in the rulemaking. If you are submitting comments or testimony on the Agency’s scientific or technical analyses, OSHA requests that you disclose: (1) The nature of any financial relationships you may have with any organization(s) or entities having an interest in the rulemaking; and (2) the extent to which your comments or testimony were reviewed by an interested party before you submitted them. Disclosure of such information is intended to promote transparency and scientific integrity of data and technical information submitted to the record. This request is consistent with Executive Order 13563, issued on January 18, 2011, which instructs agencies to ensure the objectivity of any scientific and technological information used to support their regulatory actions. OSHA emphasizes that all material submitted to the rulemaking record will be considered by the Agency to develop the final rule and supporting analyses. At the close of the hearing, the ALJ will establish a 45-day post-hearing comment period for interested persons who filed a timely notice of intention to appear at the hearing. During the first 30 days of the post-hearing period, those persons may submit final briefs, arguments, summations, and additional data and information to OSHA. During the remaining 15 days, they may only 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 the hearing, interested persons must submit (transmit, send, postmark, deliver) their notice by January 29, 2016. The notice must provide the following information: • Name, address, email address, and telephone number of each individual who will give oral testimony; E:\FR\FM\30DEP1.SGM 30DEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Proposed Rules • 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 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 Gretta Jameson at OSHA’s Office of Communications, telephone (202) 693–2176, no later than one week before the hearing begins. OSHA emphasizes that the hearing is 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 January 29, 2016. 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 hearing procedures and hearing schedule to each participant who filed a notice of intention to appear. 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 VerDate Sep<11>2014 16:44 Dec 29, 2015 Jkt 238001 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 This document was prepared under the direction of David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, pursuant to section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), Secretary of Labor’s Order 1–2012 (77 FR 3912), and 29 CFR part 1911. Signed at Washington, DC, on December 23, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2015–32764 Filed 12–29–15; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF EDUCATION 34 CFR Part 222 RIN 1810–AB24 [ED–2015–OESE–0109] Impact Aid Programs Office of Elementary and Secondary Education, Department of Education. ACTION: Notice of proposed rulemaking. AGENCY: The Secretary proposes to amend the Impact Aid Program regulations issued under title VIII of the Elementary and Secondary Education Act of 1965, as amended (ESEA or ‘‘the Act’’). The proposed regulations govern Impact Aid payments to local educational agencies (LEAs). The program, in general, provides assistance for maintenance and operations costs to LEAs that are affected by Federal activities. These proposed regulations would update, clarify, and improve the current regulations. DATES: We must receive your comments on or before February 16, 2016. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 81477 or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under the help tab at ‘‘How To Use Regulations.gov.’’ • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about these proposed regulations, address them to Kristen Walls-Rivas, U.S. Department of Education, 400 Maryland Avenue SW., Room 3C103, Washington, DC 20202– 6244. Privacy Note: The Department’s policy for comments received from members of the public is to make these submissions available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Kristen Walls-Rivas, U.S. Department of Education, 400 Maryland Avenue SW., Room 3C103, Washington, DC 20202– 6244. Telephone: (202) 260–3858 or by email: Impact.Aid@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: Invitation To Comment: We invite you to submit comments regarding these proposed regulations. We specifically invite you to comment on the ways in which school districts can collect data for counting federally-connected children for Impact Aid purposes, under proposed § 222.35; the proposed changes to the Indian policies and procedures (IPPs) in §§ 222.91 and 222.94–95; and the proposed changes to the equalization disparity test in § 222.162. Regarding the first of those topics, we invite comment on the following specific questions: • Are there alternative methods for counting federal-connected children besides the parent-pupil survey form or source check collection tools, either in use or that you propose? E:\FR\FM\30DEP1.SGM 30DEP1

Agencies

[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Proposed Rules]
[Pages 81475-81477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32764]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-H005C-2006-0870-0353]
RIN 1218-AB76


Occupational Exposure to Beryllium

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule; notice of informal public hearing.

-----------------------------------------------------------------------

SUMMARY: OSHA is scheduling an informal public hearing on its proposed 
rule ``Occupational Exposure to Beryllium and Beryllium Compounds.'' 
The proposed rule was published in the Federal Register on August 7, 
2015 and the 90-day public comment period ended on November 5, 2015. 
This document describes the procedures that will govern this hearing.

DATES: Informal public hearing. The hearing will begin on February 29, 
2016 at 2 p.m. If necessary, the hearing will continue from 9:30 a.m. 
to 5:00 p.m., local time, on subsequent days, in Washington, DC.

ADDRESSES: Informal public hearing. The Washington, DC hearing will be 
held in Room N4437 A, B, C, D at the Frances Perkins Building, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.
    Notice of Intention to appear at the hearing: Interested persons 
who intend to present testimony or question witnesses at the hearing 
must submit (transmit, send, postmark, deliver) a notice of intention 
to appear, by January 29, 2016.
    Hearing testimony and documentary evidence. Interested persons who 
request more than 10 minutes to present testimony or intend to submit 
documentary evidence at the hearing must submit (transmit, send, 
postmark, deliver) the full text of their testimony and all documentary 
evidence by January 29, 2016.
    Methods of submission. All submissions must include the Agency name 
and the docket number for this rulemaking (OSHA-H005C-2006-0870-0353). 
Notices of intention to appear, hearing testimony, and documentary 
evidence may be submitted by any of the following methods:
    Federal eRulemaking Portal: http://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 or 
courier service: Submit your materials to the OSHA Docket Office, 
Docket No. OSHA-H005C-2006-0870-0353, 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 or courier service) are accepted during 
the OSHA Docket Office's normal hours of operation, 8:15 a.m. to 4:45 
p.m., E.T.
    Instructions: All submission must include the Agency name and 
docket number for this rulemaking (OSHA-H005C-2006-0870-0353). All 
submissions, including any personal information, are placed in the 
public docket without change and may be available online at http://www.regulations.gov. Therefore, OSHA cautions you about submitting 
certain personal information such as social security numbers and birth 
dates. 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-H005C-
2006-

[[Page 81476]]

0870-0353 at http://www.regulations.gov. All documents in the docket 
are listed in the http://www.regulations.gov index; however, some 
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 
http://www.regulations.gov. This notice, as well as new releases and 
other relevant information, also is available at OSHA's Web site at 
http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Kimberly Darby, 
Office of Communications, Room N-3647, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone 202-693-1892.
    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) 693-1955.
    Hearing inquiries: Gretta Jameson, OSHA, Office of Communications, 
Room N-3647; 200 Constitution Avenue NW., Washington, DC 20210; 
telephone 202-693-2176, email Jameson.Gretta@dol.gov.

SUPPLEMENTARY INFORMATION: On August 7, 2015, OSHA published a proposed 
rule to amend its existing exposure limits for occupational exposure in 
general industry to beryllium and beryllium compounds (80 FR 47565). 
The proposed rule would promulgate a substance-specific standard for 
general industry, regulating occupational exposure to beryllium and 
beryllium compounds. OSHA accepted comments concerning the proposed 
rule during the comment period, which ended on November 5, 2015. 
Commenters shared information and suggestions on a variety of topics, 
and the Non-Ferrous Founders' Society also requested that OSHA schedule 
an informal public hearing on the proposed rule.
    Informal public hearing--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. 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 29 CFR 1911.15(a) and 5 U.S.C. 553(c), 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.
    OSHA's regulation governing public hearings (29 CFR 1911.15) 
establishes 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 rigid procedures that could impede or 
protract the rulemaking process. The hearing is not an adjudicative 
proceeding subject to the Federal rules of evidence. Instead, it is an 
informal administrative proceeding convened for the purpose of 
gathering and clarifying information. Accordingly, 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, 
pursuant to 29 CFR 1911.4, 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. 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 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 from 
those who participated in the hearing (29 CFR 1911.16).
    If you submit scientific or technical studies or other results of 
scientific research, OSHA requests (but is not requiring) that you also 
provide the following information where it is available: (1) 
Identification of the funding source(s) and sponsoring organization(s) 
of the research; (2) the extent to which the research findings were 
reviewed by a potentially affected party prior to publication or 
submission to the docket, and identification of any such parties; and 
(3) the nature of any financial relationships (e.g., consulting 
agreements, expert witness support, or research funding) between 
investigators who conducted the research and any organization(s) or 
entities having an interest in the rulemaking. If you are submitting 
comments or testimony on the Agency's scientific or technical analyses, 
OSHA requests that you disclose: (1) The nature of any financial 
relationships you may have with any organization(s) or entities having 
an interest in the rulemaking; and (2) the extent to which your 
comments or testimony were reviewed by an interested party before you 
submitted them. Disclosure of such information is intended to promote 
transparency and scientific integrity of data and technical information 
submitted to the record. This request is consistent with Executive 
Order 13563, issued on January 18, 2011, which instructs agencies to 
ensure the objectivity of any scientific and technological information 
used to support their regulatory actions. OSHA emphasizes that all 
material submitted to the rulemaking record will be considered by the 
Agency to develop the final rule and supporting analyses. At the close 
of the hearing, the ALJ will establish a 45-day post-hearing comment 
period for interested persons who filed a timely notice of intention to 
appear at the hearing. During the first 30 days of the post-hearing 
period, those persons may submit final briefs, arguments, summations, 
and additional data and information to OSHA. During the remaining 15 
days, they may only 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 the 
hearing, interested persons must submit (transmit, send, postmark, 
deliver) their notice by January 29, 2016. The notice must provide the 
following information:
     Name, address, email address, and telephone number of each 
individual who will give oral testimony;

[[Page 81477]]

     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 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 Gretta Jameson at OSHA's Office of 
Communications, telephone (202) 693-2176, no later than one week before 
the hearing begins.
    OSHA emphasizes that the hearing is 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 January 29, 2016.
    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 hearing 
procedures and hearing schedule to each participant who filed a notice 
of intention to appear.
    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

    This document was prepared under the direction of David Michaels, 
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and 
Health, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210, pursuant to section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)), Secretary of Labor's 
Order 1-2012 (77 FR 3912), and 29 CFR part 1911.

    Signed at Washington, DC, on December 23, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-32764 Filed 12-29-15; 8:45 am]
 BILLING CODE 4510-26-P