Hazard Communication Standard, 27338-27340 [2021-10523]
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<![CDATA[
27338
Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
30 IN-381N
(76 CM -97 CM)
Figure D-13A-Handrail and Stair Rail Height Measurements for Stair Rail Systems
Installed on or after (date 60 days after the publication date of the final rule)
*
*
*
www.osha.gov/hazcom/rulemaking. To
testify or question witnesses at the
hearing, interested persons must
electronically submit their notice by
June 18, 2021. In addition, those who
request more than ten minutes for their
presentation at the informal hearing and
those who intend to submit
documentary evidence at the hearing
must submit the full text of their
testimony, as well as a copy of any
documentary evidence, no later than
August 21, 2021.
*
[FR Doc. 2021–10561 Filed 5–19–21; 8:45 am]
BILLING CODE 4510–26–C
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2019–0001]
RIN 1218–AC93
ADDRESSES:
Hazard Communication Standard
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Proposed rule; notice of
informal hearing.
AGENCY:
OSHA is scheduling an
informal public hearing on its proposed
rule ‘‘Hazard Communication
Standard.’’ The public hearing will
begin September 21, 2021 at 10:00 a.m.,
Eastern Time (ET). The proposed rule
was published in the Federal Register
on February 16, 2021. The initial public
comment period was to end April 19,
2021, but was extended to May 19,
2021, in response to requests from the
public.
DATES: Informal public hearing: The
hearing will begin September 21, 2021,
at 10:00 a.m., ET, and will be held
virtually using WebEx. If necessary, the
hearing will continue from 9:30 a.m.
until 5:00 p.m., ET, on subsequent days.
Additional information on how to
access the informal hearing will be
posted when available at https://
SUMMARY:
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16:57 May 19, 2021
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Notices of Intent to Appear: Notices of
intent to appear at the hearing, along
with any submissions and attachments,
should be submitted electronically at
https://www.regulations.gov, which is
the Federal e-Rulemaking Portal. Follow
the instructions online for making
electronic submissions. After accessing
‘‘all documents and comments’’ in the
docket (Docket No. OSHA–2019–0001),
check the ‘‘proposed rule’’ box in the
column headed ‘‘Document Type,’’ find
the document posted on the date of
publication of this hearing notice, and
click the ‘‘Comment Now’’ link. When
uploading multiple attachments to
www.regulations.gov, please number all
of your attachments because
www.regulations.gov will not
automatically number the attachments.
This will be very useful in identifying
all attachments in the preamble. For
example, Attachment 1—title of your
document, Attachment 2—title of your
document, Attachment 3—title of your
document. For assistance with
commenting and uploading documents,
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please see the Frequently Asked
Questions on regulations.gov.
Instructions: All submissions must
include the agency’s name and the
docket number for this rulemaking
(Docket No. OSHA–2019–0001). All
comments, including any personal
information you provide, are placed in
the public docket without change and
may be made available online at https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
information they do not want made
available to the public, or submitting
materials that contain personal
information (either about themselves or
others), such as Social Security
Numbers and birthdates.
Docket: To read or download
comments, notices of intent to appear,
and other materials submitted in the
docket, go to Docket No. OSHA–2019–
0001 at https://www.regulations.gov. All
comments and submissions are listed in
the https://www.regulations.gov index;
however, some information (e.g.,
copyrighted material) is not publicly
available to read or download through
that website. All comments and
submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.1
FOR FURTHER INFORMATION CONTACT: For
press inquiries: Contact Frank
1 Documents submitted to the docket by OSHA or
stakeholders are assigned document identification
numbers (Document ID) for easy identification and
retrieval. The full Document ID is the docket
number plus a unique four-digit code. OSHA is
identifying supporting information in this notice by
author name, publication year, and the last four
digits of the Document ID.
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EP20MY21.003</GPH>
*
Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
Meilinger, Director, Office of
Communications, Occupational Safety
and Health Administration, U.S.
Department of Labor; telephone: (202)
693–1999; email: meilinger.francis2@
dol.gov.
For general information and technical
inquiries: Contact Maureen Ruskin,
Acting Director, Directorate of
Standards and Guidance, Occupational
Safety and Health Administration, U.S.
Department of Labor; telephone: (202)
693–1950 or fax: (202) 693–1678; email:
ruskin.maureen@dol.gov.
For Hearing Inquiries: Contact Janet
Carter, Directorate of Standards and
Guidance, Occupational Safety and
Health Administration, U.S. Department
of Labor; telephone: (202) 693–1950;
email: carter.janet@dol.gov.
SUPPLEMENTARY INFORMATION: On
February 16, 2021, OSHA published a
Notice of Proposed Rulemaking (NPRM)
to modify the Hazard Communication
Standard (HCS) to align with the United
Nations’ Globally Harmonized System
of Classification and Labelling of
Chemicals (GHS) Revision 7, to address
specific issues that have arisen since
OSHA last updated the HCS in 2012,
and to provide better alignment with
other U.S. agencies and international
trading partners, without lowering the
overall protections of the standard.
OSHA received comments concerning
the proposed rule during the comment
period, which ended May 19, 2021.
Commenters shared information on a
variety of topics including proposed
definitions of ‘‘release for shipment’’
and ‘‘immediate outer container,’’
changes to paragraph (d)(1) ‘‘normal
conditions of use,’’ and clarification of
compliance dates. OSHA received two
requests for an informal public hearing
(Document ID 0276 and 0294).
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
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16:57 May 19, 2021
Jkt 253001
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 Acting
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).
At the close of the hearing, there will
be a post-hearing comment period for
interested persons who filed a timely
notice of intention to appear at the
hearing, during which those persons
may submit final briefs, arguments,
summations, and additional data and
information to OSHA.
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
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27339
intention to appear prior to the hearing.
To testify or question witnesses at the
hearing, interested persons must
electronically submit their notice by
June 18, 2021. The notice must provide
the following information:
Name, address, email 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 raised by the proposed rule; and
A brief summary of documentary
evidence each individual intends to
present. 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 the full text of their
testimony and all documentary
evidence no later than August 21, 2021.
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. 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.
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
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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
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 James S. Frederick,
Acting Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210. It
is issued under the authority of sections
4, 6, and 8 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 653,
655, 657); 5 U.S.C. 553; section 304,
Clean Air Act Amendments of 1990
(Pub. L. 101–549, reprinted at 29
U.S.C.A. 655 Note); section 41,
Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 941);
section 107, Contract Work Hours and
Safety Standards Act (40 U.S.C. 3704);
section 1031, Housing and Community
Development Act of 1992 (42 U.S.C.
4853); section 126, Superfund
Amendments and Reauthorization Act
of 1986, as amended (reprinted at 29
U.S.C.A. 655 Note); Secretary of Labor’s
Order No. 8–2020 (85 FR 58383–94);
and 29 CFR part 1911.
Signed at Washington, DC, on May 12,
2021.
James S. Frederick,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2021–10523 Filed 5–19–21; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 3, 17, 18 and 21
RIN 2900–AR04
Vocational Rehabilitation and
Employment (VR&E) Program: Name
Change
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend the
regulations pertaining to the name of the
Chapter 31 Vocational Rehabilitation
and Employment program. VA provides
benefits and services under the program
name of ‘‘Vocational Rehabilitation and
Employment’’. VA is proposing to
SUMMARY:
VerDate Sep<11>2014
16:57 May 19, 2021
Jkt 253001
amend the name to ‘‘Veteran Readiness
and Employment’’ (VR&E). VA further
proposes that the references to the
position of ‘‘Vocational Rehabilitation
and Employment Officer’’ be amended
to ‘‘Veteran Readiness and Employment
Officer’’ and the position of ‘‘Director of
Vocational Rehabilitation and
Employment’’ be amended to
‘‘Executive Director of Veteran
Readiness and Employment’’.
DATES: Comments must be received on
or before July 19, 2021.
ADDRESSES: Comments may be
submitted through www.Regulations.gov
or mailed to Department of Veterans
Affairs, Veteran Readiness and
Employment (28), 810 Vermont Avenue
NW, Washington, DC 20420. Comments
should indicate that they are submitted
in response to RIN 2900–AR04—
Vocational Rehabilitation and
Employment (VR&E) Program: Name
Change. Comments received will be
available at regulations.gov for public
viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT:
Allison Bernheimer, Policy Analyst,
Veteran Readiness and Employment
Services (28), 810 Vermont Avenue NW,
Washington, DC 20420,
allison.bernheimer@va.gov, (202) 461–
9600. (This is not a toll-free telephone
number.)
SUPPLEMENTARY INFORMATION: In
accordance with 38 U.S.C. 3100, the
purpose of the Chapter 31 Vocational
Rehabilitation and Employment
program is to provide for all services
and assistance necessary to enable
Veterans with service-connected
disabilities to achieve maximum
independence in daily living and, to the
maximum extent possible, to become
employable and to obtain and maintain
suitable employment. VA proposes to
change the program name from
‘‘Vocational Rehabilitation and
Employment’’ to ‘‘Veteran Readiness
and Employment’’.
We begin by proposing to amend 38
CFR 3.341(c) and 3.342(c)(1) by
replacing references to ‘‘Vocational
Rehabilitation and Employment’’ with
‘‘Veteran Readiness and Employment
(VR&E)’’ and to amend 38 CFR 17.37(e)
by replacing a reference to ‘‘vocational
rehabilitation’’ with ‘‘Veteran Readiness
and Employment (VR&E)’’. We also
propose to amend 38 CFR part 18,
Appendix A to Subpart A, Appendix A
to Subpart D, and Appendix A to
Subpart E by replacing all references to
‘‘vocational rehabilitation’’ with
‘‘Veteran Readiness and Employment’’.
We also propose to amend the title of 38
CFR part 21 from ‘‘Vocational
Rehabilitation and Education’’ to
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Fmt 4702
Sfmt 4702
‘‘Veteran Readiness and Employment
and Education’’ and the title of part 21,
subpart A from ‘‘Vocational
Rehabilitation and Employment Under
38 U.S.C. Chapter 31’’ to ‘‘Veteran
Readiness and Employment Under 38
U.S.C. Chapter 31’’.
The term ‘‘vocational’’ may be
misinterpreted as referring to a
participant who is undergoing training
in a skill or trade. For a Service member
or Veteran needing assistance to become
independent in daily living or to
increase the individual’s potential to
return to work by obtaining services to
lessen or accommodate the effects of a
disability(ies), the term ‘‘vocational’’
may be misconstrued in regard to the
types of services available. Furthermore,
VR&E provides training towards
employment goals through a wide
variety of programs beyond vocational
schools for individuals seeking benefits
and services to become employable.
Training is provided to the level
generally recognized as necessary for
entry into employment in a suitable
occupational objective. VR&E’s focus
includes successful employment
outcomes, while still providing services
aimed at readjustment and preparation
through retraining. The term
‘‘vocational’’ may have deterred
individuals from applying for benefits
and services. VR&E’s purpose is to
enhance a Service member or Veteran’s
job-readiness and job-seeking skills to
increase the Service member or
Veteran’s ability to obtain and maintain
employment. The Service member or
Veteran is the most important part of the
mission; therefore, VR&E Service
proposes replacing ‘‘vocational’’ with
‘‘Veteran’’ in the program name for a
more Service member and Veteran
friendly approach to providing benefits
and services.
VR&E Service recently consulted
various stakeholders regarding replacing
the term ‘‘rehabilitation’’ in the program
name. This consultation yielded
insights, using a human-centered design
approach, from vocational rehabilitation
counselors, Service members, Veterans,
Veterans Service Organizations, and
VR&E claimants. Individuals from each
service branch and gender from across
the Nation were included to ensure a
comprehensive and inclusive data pool.
Essentially, we determined that the term
‘‘rehabilitation’’ has a negative
connotation, including the perception of
it being related to drug and alcohol
addiction treatment, which may inhibit
some individuals from taking advantage
of VR&E benefits and services.
Therefore, VR&E Service proposes to
replace ‘‘rehabilitation’’ with
‘‘readiness’’. The new name is more in
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]]>Agencies
[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27338-27340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10523]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2019-0001]
RIN 1218-AC93
Hazard Communication Standard
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; notice of informal hearing.
-----------------------------------------------------------------------
SUMMARY: OSHA is scheduling an informal public hearing on its proposed
rule ``Hazard Communication Standard.'' The public hearing will begin
September 21, 2021 at 10:00 a.m., Eastern Time (ET). The proposed rule
was published in the Federal Register on February 16, 2021. The initial
public comment period was to end April 19, 2021, but was extended to
May 19, 2021, in response to requests from the public.
DATES: Informal public hearing: The hearing will begin September 21,
2021, at 10:00 a.m., ET, and will be held virtually using WebEx. If
necessary, the hearing will continue from 9:30 a.m. until 5:00 p.m.,
ET, on subsequent days. Additional information on how to access the
informal hearing will be posted when available at https://www.osha.gov/hazcom/rulemaking. To testify or question witnesses at the hearing,
interested persons must electronically submit their notice by June 18,
2021. In addition, those who request more than ten minutes for their
presentation at the informal hearing and those who intend to submit
documentary evidence at the hearing must submit the full text of their
testimony, as well as a copy of any documentary evidence, no later than
August 21, 2021.
ADDRESSES:
Notices of Intent to Appear: Notices of intent to appear at the
hearing, along with any submissions and attachments, should be
submitted electronically at https://www.regulations.gov, which is the
Federal e-Rulemaking Portal. Follow the instructions online for making
electronic submissions. After accessing ``all documents and comments''
in the docket (Docket No. OSHA-2019-0001), check the ``proposed rule''
box in the column headed ``Document Type,'' find the document posted on
the date of publication of this hearing notice, and click the ``Comment
Now'' link. When uploading multiple attachments to www.regulations.gov,
please number all of your attachments because www.regulations.gov will
not automatically number the attachments. This will be very useful in
identifying all attachments in the preamble. For example, Attachment
1_title of your document, Attachment 2_title of your document,
Attachment 3_title of your document. For assistance with commenting
and uploading documents, please see the Frequently Asked Questions on
regulations.gov.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2019-0001). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security Numbers and birthdates.
Docket: To read or download comments, notices of intent to appear,
and other materials submitted in the docket, go to Docket No. OSHA-
2019-0001 at https://www.regulations.gov. All comments and submissions
are listed in the https://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through that website. All comments and submissions,
including copyrighted material, are available for inspection through
the OSHA Docket Office.\1\
---------------------------------------------------------------------------
\1\ Documents submitted to the docket by OSHA or stakeholders
are assigned document identification numbers (Document ID) for easy
identification and retrieval. The full Document ID is the docket
number plus a unique four-digit code. OSHA is identifying supporting
information in this notice by author name, publication year, and the
last four digits of the Document ID.
FOR FURTHER INFORMATION CONTACT: For press inquiries: Contact Frank
[[Page 27339]]
Meilinger, Director, Office of Communications, Occupational Safety and
Health Administration, U.S. Department of Labor; telephone: (202) 693-
1999; email: [email protected].
For general information and technical inquiries: Contact Maureen
Ruskin, Acting Director, Directorate of Standards and Guidance,
Occupational Safety and Health Administration, U.S. Department of
Labor; telephone: (202) 693-1950 or fax: (202) 693-1678; email:
[email protected].
For Hearing Inquiries: Contact Janet Carter, Directorate of
Standards and Guidance, Occupational Safety and Health Administration,
U.S. Department of Labor; telephone: (202) 693-1950; email:
[email protected].
SUPPLEMENTARY INFORMATION: On February 16, 2021, OSHA published a
Notice of Proposed Rulemaking (NPRM) to modify the Hazard Communication
Standard (HCS) to align with the United Nations' Globally Harmonized
System of Classification and Labelling of Chemicals (GHS) Revision 7,
to address specific issues that have arisen since OSHA last updated the
HCS in 2012, and to provide better alignment with other U.S. agencies
and international trading partners, without lowering the overall
protections of the standard.
OSHA received comments concerning the proposed rule during the
comment period, which ended May 19, 2021. Commenters shared information
on a variety of topics including proposed definitions of ``release for
shipment'' and ``immediate outer container,'' changes to paragraph
(d)(1) ``normal conditions of use,'' and clarification of compliance
dates. OSHA received two requests for an informal public hearing
(Document ID 0276 and 0294).
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 Acting 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).
At the close of the hearing, there will be a post-hearing comment
period for interested persons who filed a timely notice of intention to
appear at the hearing, during which those persons may submit final
briefs, arguments, summations, and additional data and information to
OSHA.
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
electronically submit their notice by June 18, 2021. The notice must
provide the following information:
Name, address, email 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 raised by the proposed rule; and
A brief summary of documentary evidence each individual intends to
present. 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 the full text of their testimony and all
documentary evidence no later than August 21, 2021.
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. 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.
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
[[Page 27340]]
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 James S.
Frederick, Acting Assistant Secretary of Labor for Occupational Safety
and Health, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210. It is issued under the authority of sections 4,
6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657); 5 U.S.C. 553; section 304, Clean Air Act Amendments of
1990 (Pub. L. 101-549, reprinted at 29 U.S.C.A. 655 Note); section 41,
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); section
107, Contract Work Hours and Safety Standards Act (40 U.S.C. 3704);
section 1031, Housing and Community Development Act of 1992 (42 U.S.C.
4853); section 126, Superfund Amendments and Reauthorization Act of
1986, as amended (reprinted at 29 U.S.C.A. 655 Note); Secretary of
Labor's Order No. 8-2020 (85 FR 58383-94); and 29 CFR part 1911.
Signed at Washington, DC, on May 12, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-10523 Filed 5-19-21; 8:45 am]
BILLING CODE 4510-26-P
