Safety Zone; March Madness Fireworks Display, New Orleans, LA, 16431-16432 [2022-06054]
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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Rules and Regulations
rulemaking. See OSHA–2020–0004–
1034, Attachment 1. OSHA has agreed
to do so. OSHA invites interested
persons to participate in this rulemaking
by providing oral testimony and
documentary evidence at the informal
public hearing to 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) presides over each OSHA 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 may be
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 within the
available time frame.
The available time frame for this
rulemaking is short as the agency hopes
to complete the rulemaking as quickly
as possible. OSHA remains aware of the
dangers to healthcare workers exposed
to COVID–19, as well as the potential
for new variants and the surges of
patients with COVID–19 that could
follow in healthcare. Pursuant to 29 CFR
1911.4, the Assistant Secretary may, on
reasonable notice, issue additional or
alternative procedures to expedite the
proceedings.
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
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raises; use appropriate means to regulate
the conduct of persons present at the
hearing; question witnesses and permit
others to do so; limit 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
during which stakeholders may submit
final briefs, arguments, summations,
and additional data and information to
OSHA.
III. Notice of Intention To Appear at the
Hearing
Interested persons who intend to
provide oral testimony or documentary
evidence at the hearing must file a
written NOITA prior to the hearing and
in accordance with the instructions in
the ADDRESSES section earlier in this
document. To testify at the hearing,
interested persons must electronically
submit their NOITA on or before April
6, 2022. The NOITA must provide the
following information:
(1) Name, address, email address, and
telephone number of each individual
who will give oral testimony;
(2) Name of the establishment or
organization each individual represents,
if any;
(3) Occupational title and position of
each individual testifying; and
(4) A brief statement of the position
each individual will take with respect to
the issues raised by the ETS (e.g., ‘‘I
generally support/oppose the whole
standard,’’ ‘‘the requirement for
[specific provision] should be
removed,’’ ‘‘the scope of the rule should
be changed to include/exclude . . .’’).
The agency will consider the
information in each submission when
setting the hearing schedule. Before the
hearing, OSHA will make the hearing
procedures and hearing schedule
available at https://www.osha.gov/
coronavirus/healthcare/rulemaking and
in the docket. OSHA emphasizes that
the hearing is open to the public;
however, only individuals who file a
NOITA may testify at the hearing.
IV. Certification of the Hearing Record
and Agency Final Determination
Following the close of the hearing and
the post-hearing comment period, 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
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16431
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 Douglas L. Parker,
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); Secretary of Labor’s Order No.
8–2020 (85 FR 58393 (Sept. 18, 2020));
29 CFR part 1911; and 5 U.S.C. 553.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2022–06080 Filed 3–22–22; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2022–0180]
Safety Zone; March Madness
Fireworks Display, New Orleans, LA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a temporary safety zone for a fireworks
display located on the navigable waters
of the Lower Mississippi River between
Mile Marker (MM) 94.5 to 95.5. This
action is needed to provide for the
safety of life on these navigable
waterways during the event. During the
enforcement periods, the operator of any
vessel in the regulated area must
comply with directions from the
Captain of the Port or designated
representative.
DATES: The regulations in 33 CFR
165.845 will be enforced from 9:30 p.m.
to 11 p.m. on April 3, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast
Guard; telephone 504–365–2246, email
William.A.Stewart@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce safety zone located
SUMMARY:
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16432
Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
in 33 CFR 165.845 for the March
Madness Fireworks Display event. The
regulations will be enforced from 9:30
p.m. through 11 p.m. on April 3, 2022.
This action is being taken to provide for
the safety of life on navigable waterways
during this event, which will be located
between MM 94.5 to 95.5 above Head of
Passes, Lower Mississippi River, LA.
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19:58 Mar 22, 2022
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During the enforcement periods, if you
are the operator of a vessel in the
regulated area you must comply with
directions from the Captain of the Port
or designated representative.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via Marine Safety Information Bulletins
PO 00000
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(MSIBs), Local Notice to Mariners
(LNMs), and/or Broadcast Notice to
Mariners (BNMs).
Dated: March 17, 2022.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2022–06054 Filed 3–22–22; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Rules and Regulations]
[Pages 16431-16432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06054]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2022-0180]
Safety Zone; March Madness Fireworks Display, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a temporary safety zone for a
fireworks display located on the navigable waters of the Lower
Mississippi River between Mile Marker (MM) 94.5 to 95.5. This action is
needed to provide for the safety of life on these navigable waterways
during the event. During the enforcement periods, the operator of any
vessel in the regulated area must comply with directions from the
Captain of the Port or designated representative.
DATES: The regulations in 33 CFR 165.845 will be enforced from 9:30
p.m. to 11 p.m. on April 3, 2022.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2246,
email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce safety zone
located
[[Page 16432]]
in 33 CFR 165.845 for the March Madness Fireworks Display event. The
regulations will be enforced from 9:30 p.m. through 11 p.m. on April 3,
2022. This action is being taken to provide for the safety of life on
navigable waterways during this event, which will be located between MM
94.5 to 95.5 above Head of Passes, Lower Mississippi River, LA. During
the enforcement periods, if you are the operator of a vessel in the
regulated area you must comply with directions from the Captain of the
Port or designated representative.
In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via Marine Safety Information Bulletins (MSIBs),
Local Notice to Mariners (LNMs), and/or Broadcast Notice to Mariners
(BNMs).
Dated: March 17, 2022.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2022-06054 Filed 3-22-22; 8:45 am]
BILLING CODE 9110-04-P
