[Federal Register: September 18, 2008 (Volume 73, Number 182)][Proposed Rules] [Page 54123-54125]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se08-28]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, and 1926
[Docket No. OSHA-2008-0031]
RIN 1218-AC42
Clarification of Remedy for Violation of Requirements To Provide
Personal Protective Equipment and Train Employees
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; notice of hearing.
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SUMMARY: OSHA is convening an informal public hearing to receive
testimony and documentary evidence on the proposed rule for
Clarification of Remedy for Violation of Requirements to Provide
Personal Protective Equipment and Train Employees.
DATES: Informal public hearing. The Agency will hold the informal
public hearing in Washington, DC, beginning October 6, 2008. The
hearing will commence at 10 a.m. on the first day. If necessary, the
hearing will continue on October 7, 2008, beginning at 9 a.m.
Notice of intention to appear to provide testimony at the informal
public hearing. Parties must notify OSHA in writing no later than
September 26, 2008, of their intention to appear at the hearing to
present testimony. OSHA is limiting each party's testimony to 10
minutes. If parties need additional time, they must submit a written
request with their notice of intention to appear stating how much time
they seek, the topics they will cover during their testimony, and why
they cannot cover the topics in the 10 minutes allotted.
ADDRESSES: Informal Public Hearing. The informal public hearing will be
held in Washington, DC, Conference Room 6, Room C-5320 of the Frances
Perkins Building, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC.
Notices of intention to appear at the hearing. Submit notices of
intention to appear at the informal public hearing and requests for
additional time to testify, identified by the docket number (OSHA-2008-
0031) or the regulatory information number (RIN 1218-AC42), using any
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting the material.
Facsimile: Send submissions consisting of 10 or fewer pages to the
OSHA Docket Office at (202) 693-1648. Hard copies of these documents
are not required. Instead of transmitting facsimile copies of
attachments that supplement these documents (e.g., studies, journal
articles), submit these attachments, in triplicate hard copy, to the
OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S.
Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210.
These attachments must clearly identify the sender's name, date,
subject, and docket number (i.e., OSHA-2008-0031) so that the Agency
can attach them to the appropriate document.
Regular mail, express delivery, hand delivery, and courier service:
Send submissions (single copy only) to the OSHA Docket Office, Docket
No. OSHA-2008-0031, Technical Data Center, Room N-2625, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627).
Note that security-related problems may result in significant delays in
receiving submissions by regular mail. Please contact the OSHA Docket
Office for information about security procedures concerning delivery of
materials by express delivery, hand delivery, or courier service. The
OSHA Docket Office and Department of Labor hours of operation are
8:15 a.m. to 4:45 p.m., e.t.
Instructions. Each submission must include the Agency name and the
OSHA docket number (i.e., OSHA-2008-0031). All submissions, including
any personal information, are placed in the public docket without
revision, and will be available online at http://www.regulations.gov.
Therefore, OSHA cautions members of the public against submitting
information and statements that should remain private, including
comments that contain personal information (either about themselves or
others) such as social security numbers, birth dates, and medical data.
For additional information on submitting notices of intention to
appear, see the Public Participation-Comments and Hearings section in
the SUPPLEMENTARY INFORMATION section below.
Docket. To read or download comments, notices of intention to
appear, and other material in the docket, go to http://www.regulations.gov
or to the OSHA Docket Office at the address above. All documents in the
docket are listed in the http://www.regulations.gov index; however,
some information (e.g., copyrighted material) is not publicly available
to read or download through this Web site. All submissions, including
copyrighted material, are available for inspection and copying at the
OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Ms. Jennifer Ashley, Director, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. For hearing information, contact Ms. Veneta Chatmon, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. Electronic copies of this Federal Register notice, as well as
news releases and other relevant documents, are available at OSHA's
homepage at http://www.osha.gov.
SUPPLEMENTARY INFORMATION: OSHA published the proposed rule for
Clarification of Remedy for Violation of Requirements to Provide
Personal Protective Equipment and Train Employees on August 19, 2008
(73 FR 48335). The period for submitting written comments expires on
September 18, 2008. During this comment period, a number of commentors
(see, e.g., Exs. OSHA-2008-0031-006.1, -007.1, -009.1, -0011.1, -
0012.1) requested an informal public hearing. With this notice, OSHA is
granting these requests.
Public Participation--Comments and Hearings: OSHA encourages
members of the public to participate in this rulemaking by providing
oral testimony and documentary evidence at the informal public hearing.
Accordingly, the Agency invites interested parties having knowledge of,
or experience with, the issues raised in the proposal to participate in
this process, and welcomes any pertinent data that will provide the
Agency with the best available evidence to use in developing the final
rule. This section describes the procedures the public must use to
schedule an opportunity to deliver oral testimony and to provide
documentary evidence at the informal public hearing.
Hearing Arrangements. Pursuant to section 6(b)(3) of the
Occupational Safety and Health Act (the Act; 29 U.S.C. 655), members of
the public have an opportunity at the informal public hearing to
provide oral testimony concerning the issues raised in the proposed
rule. An administrative law judge (ALJ) will preside over the hearing,
and will resolve any procedural matters related to the hearing on the
first day.
Purpose of the Hearing. The legislative history of Section 6 of the
Act, as well as the Agency's regulation governing public hearings (29
CFR 1911.15), establish the purpose and procedures of informal public
hearings. Although the presiding officer of the hearing is an ALJ, and
questions by interested parties are allowed on pertinent issues, the
hearing is informal and legislative in purpose. Therefore, the hearing
provides interested parties with an opportunity to make effective and
expeditious oral presentations in the absence of procedural restraints
that could impede or protract the rulemaking process. The hearing is
not an adjudicative proceeding subject to the technical rules of
evidence. Instead, it is an informal administrative proceeding convened
for the purpose of gathering and clarifying information. The
regulations that govern the hearing, and the prehearing guidelines
issued for the hearing, will ensure that participants are treated
fairly and have due process. This approach will facilitate the
development of a clear, accurate, and complete record. Accordingly,
application of these rules and guidelines will be such that questions
of relevance, procedures, and participation will be decided in favor of
developing a clear, accurate, and complete record.
Conduct of the Hearing. Conduct of the hearing will conform to the
provisions of 29 CFR 1911.5. Although the ALJ presiding over the
hearing makes no decision or recommendation on the merits of the
proposal or the final rule, the ALJ has the responsibility and
authority to ensure that the hearing progresses at a reasonable pace
and in an orderly manner. To ensure that interested parties receive a
full and fair informal hearing, the ALJ has the authority and power to:
regulate the course of the proceedings; dispose of procedural requests,
objections, and similar matters; confine the presentations to matters
pertinent to the issues raised; use appropriate means to regulate the
conduct of the parties who are present at the hearing; question
witnesses, and permit others to question witnesses; and limit the time
for such questions. As indicated in the proposed rule, OSHA will allow
an additional 30-day period for submission of posthearing comments
before closing the public comment period (74 FR 48344).
Notice of intention to appear to provide testimony at the informal
public hearings. Hearing participants must file a notice of intention
to appear that provides the following information: The name, mailing
and e-mail addresses, and telephone number of each individual who will
provide testimony; the capacity in which the individual will testify
(e.g., name of the establishment/organization the individual is
representing; the individual's occupational title and position); and
whether the individual is appearing as a part of a panel with other
individuals. Participants who need projectors and other special
equipment for their testimony must contact Ms. Veneta Chatmon at OSHA's
Office of Communications, telephone (202) 693-1999.
As noted above, testimony will be limited to 10 minutes. Requests
for additional time must be submitted in writing with the notice of
intention to appear, and contain a reasoned justification, including
identification of the topics to be discussed and an explanation of why
these topics cannot be covered in 10 minutes. OSHA will review the
request and determine how much, if any, additional time to allot to the
individual. Individuals requesting additional time will be notified of
OSHA's determination on their request prior to the hearing.
OSHA emphasizes that, while the hearing is open to the public and
all interested parties are welcome to attend, only a party who files a
proper notice of intention to appear may ask questions and participate
fully in the hearing. A party who did not file a notice of intention to
appear may be allowed to testify at the hearing if time permits, but this
determination is at the discretion of the presiding ALJ.
Certification of the record and final determination after the
informal public hearing. Following the close of the hearing and the
posthearing comment period, the ALJ will certify the record to the
Assistant Secretary of Labor for Occupational Safety and Health. This
record will consist of all of the written comments, oral testimony,
documentary evidence, and other material received during the hearing.
Following certification of the record, OSHA will review the proposed
provisions in light of all the evidence received as part of the record,
and then will issue the final determinations based on the entire
record.
Authority and Signature
This document was prepared under the authority of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210, pursuant to Sections 6(b) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655), Section 3704 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3701 et seq.), Secretary of Labor's
Order 5-2007 (72 FR 31160), and 29 CFR part 1911.
Signed at Washington, DC, this 15th day of September 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-21852 Filed 9-17-08; 8:45 am]
BILLING CODE 4510-26-P
