Occupational Exposure to Beryllium, 81475-81477 [2015-32764]
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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withdrawn as of December 30, 2015.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.
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SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
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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:
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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: 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 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 https://
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
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81476
Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Proposed Rules
0870–0353 at https://
www.regulations.gov. All documents in
the docket are listed in the https://
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 https://
www.regulations.gov. This notice, as
well as new releases and other relevant
information, also is available at OSHA’s
Web site at https://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
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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;
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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: 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 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 https://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 https://www.regulations.gov. All documents in the docket
are listed in the https://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
https://www.regulations.gov. This notice, as well as new releases and
other relevant information, also is available at OSHA's Web site at
https://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
