Emergency Response Standard, 59712-59714 [2024-16126]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Proposed Rules]
[Pages 59712-59714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16126]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2007-0073]
RIN 1218-AC91


Emergency Response Standard

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

ACTION: Proposed rule; notice of informal hearing.

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SUMMARY: OSHA is scheduling an informal public hearing on its proposed 
rule ``Emergency Response Standard.'' The public hearing will begin 
November 12, 2024, at 9:30 a.m. Eastern Time (ET). The proposed rule 
was published in the Federal Register on February 5, 2024. The initial 
public comment period was scheduled to end May 6, 2024, but was 
extended to June 21, 2024, in response to numerous requests from the 
public. The comment period was extended again, until July 22, 2024, due 
to more extension requests from stakeholders.

DATES: Informal public hearing: The hearing will be held virtually and 
will begin November 12, 2024, at 9:30 a.m. ET. If necessary, the 
hearing will continue from 9:30 a.m. until 4:30 p.m., ET, on subsequent 
weekdays. Additional information on how to access the informal hearing 
will be posted at https://www.osha.gov/emergencyresponse/rulemaking. To 
testify or question other witnesses at the hearing, interested persons 
must electronically submit a Notice of Intention to Appear (NOITA) on 
or before September 27, 2024. In addition, those who request more than 
10 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 October 18, 2024.

ADDRESSES: Notice of Intention to Appear (NOITA). A NOITA must be 
submitted electronically at: https://www.osha.gov/emergency-response/rulemaking. Follow the instructions online for making electronic 
submissions. Those who file NOITAs must also submit electronic copies 
of all documents that they intend to use or reference during their 
testimony. Information about how and when to submit these materials 
will be provided at the time of registration.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2007-0073). 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 and other materials submitted 
in the docket, go to Docket No. OSHA-2007-0073 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.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Contact Frank 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 Mark 
Hagemann, Director, Office of Safety Systems, Directorate of Standards 
and Guidance, Occupational Safety and Health Administration, U.S. 
Department of Labor; telephone: (202) 693-2222; email: 
[email protected].
    For hearing inquiries: Contact Kathryn Marlor, Directorate of 
Standards and Guidance, Occupational Safety and Health Administration, 
U.S. Department of Labor; telephone: (202) 693-2222; email: 
[email protected].
    For ASL interpretation and language translation service requests: 
Contact Kathryn Marlor, Directorate of Standards and Guidance, 
Occupational Safety and Health Administration, U.S. Department of 
Labor; telephone: (202) 693-2222; email: 
[email protected].

[[Page 59713]]


SUPPLEMENTARY INFORMATION: On February 5, 2024, OSHA published a notice 
of proposed rulemaking (NPRM) (89 FR 7774; 89 FR 21468, March 28, 2024; 
89 FR 49119, June 11, 2024) to replace the Fire Brigades standard with 
a new standard called Emergency Response. OSHA received over 2,500 
comments concerning the proposed rule during the public comment period, 
which ended July 22, 2024.
    Witnesses are welcome to testify about any topics, issues, or 
concerns they have with the proposed rule. OSHA is particularly 
interested in hearing testimony regarding the following topics:
    1. Firefighting services that are not primarily all-hazard/
structural, such as wildland, aircraft/airport, and marine, or others. 
OSHA is particularly interested in hearing testimony related to the 
appropriate treatment of each of these firefighting categories as 
related to the current requirements of the proposed rule and whether or 
not the unique hazards presented by each category of firefighting 
warrant differential treatment.
    2. Emergency medical service providers that are not fire department 
based, and those that provide aerial transport.
    3. Technical search and rescue service providers, particularly 
those that are not fire department based such as technical water rescue 
(including some lifeguards), technical wilderness/mountain search and 
rescue (such as rope/high angle, ski patrol, etc.).
    4. Specific recommendations for reducing the burden(s) on 
volunteer/non-compensated responders.
    5. Specific recommendations for excluding volunteer/non-compensated 
responders.
    6. Public information on the financial profile of emergency 
response organizations, particularly those with a substantial volunteer 
element.
    7. Public information for estimating the number of employers (and 
affected employees) who would be classified as Workplace Emergency 
Response Employers under the proposed standard.
    8. Detail on the current practice for various proposed provisions 
(e.g., medical exams) among emergency response organizations.

I. Informal Public Hearing--Purpose, Rules and Procedures

    Several commenters (see, e.g., Document ID 0814, 0894, 0987, 1188) 
requested that OSHA hold a public hearing. 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. The hearing will be fully virtual 
to provide the opportunity for more stakeholders from across the 
country to participate in and/or observe the hearing without the 
financial and logistical burden of traveling to Washington, DC to 
attend in person.
    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.
    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). 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.
    At the close of the hearing, there will be a post-hearing comment 
period during which interested persons may submit final briefs, 
arguments, summations, and additional data and information to OSHA.

II. 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 or question other 
witnesses at the hearing, interested persons must electronically submit 
their NOITA on or before September 27, 2024. 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 proposed rule.
    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/emergency-response/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.
    Witnesses will be asked to specify the approximate amount of time 
requested for each individual or group's testimony (5, 10, 15, or 20 
minutes). Individuals or groups 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 October 18, 2024. 
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 5 minutes the

[[Page 59714]]

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.

III. 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 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.

IV. 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); 5 U.S.C. 553; Secretary of Labor's Order No. 8-2020 (85 
FR 58383-94); and 29 CFR part 1911.

    Signed at Washington, DC, on July 17, 2024.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-16126 Filed 7-22-24; 8:45 am]
BILLING CODE 4510-26-P