• Publication Date:
  • Publication Type:
    Final Rule
  • Fed Register #:
    85:73421-73423
  • Standard Number:
  • Title:
    Advisory Committee Regulation
[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Rules and Regulations]
[Pages 73421-73423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23620]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1912

[Docket No. OSHA-2020-0010]
RIN 1218-AD33


Advisory Committee Regulation

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Maritime Advisory Committee for Occupational Safety and 
Health was formed in 1995 as a discretionary committee under Section 
7(b) of the Occupational Safety and Health Act of 1970 (OSH Act) to 
advise, consult with, and make recommendations on matters relating to 
the maritime industry. On December 20, 2019, the President signed the 
National Defense Authorization Act for Fiscal Year 2020, which 
establishes a Maritime Advisory Committee on Occupational Safety and 
Health (MACOSH) as a statutorily-mandated entity of indefinite 
duration. In this final rule, OSHA amends the regulation on advisory 
committee policies and procedures to implement this change in the 
authority for MACOSH.

DATES: This final rule becomes effective on December 18, 2020.

FOR FURTHER INFORMATION CONTACT: 
    Press inquiries: Frank Meilinger, OSHA Office of Communications, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, telephone: (202) 693-1999; email: meilinger.francis2@dol.gov.
    General information and technical inquiries: Maureen Ruskin, 
Directorate of Standards and Guidance, Occupational Safety and Health 
Administration, U.S. Department of Labor, telephone (202) 693-1950; 
email: ruskin.maureen@dol.gov.
    Copies of this Federal Register document: Electronic copies are 
available at http://www.regulations.gov, the Federal eRulemaking 
Portal. This Federal Register document, as well as news releases and 
other relevant information, also are available on OSHA's web page at 
http://www.osha.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Discussion of Changes
III. Legal Considerations
IV. Final Economic Analysis and Regulatory Flexibility Act 
Certification
V. Office of Management and Budget Review Under the Paperwork 
Reduction Act of 1995
VI. Unfunded Mandates Reform Act

I. Background

    The maritime industry is a high-risk industry where activities vary 
from manufacturing-type work in shipyards to transportation-type work 
in longshoring, as well as commercial fishing operations. Historically, 
the maritime industry has experienced a high rate of work-related 
fatalities, injuries, and illnesses. MACOSH was initially formed in 
1995 (60 FR 8425) as a discretionary committee authorized by Section 
7(b) of the OSH Act to advise, consult with, and make recommendations 
to the Secretary of Labor (Secretary) on matters relating to the 
maritime industry. It was preceded by the Shipyard Employment Standards 
Advisory Committee, which advised OSHA on shipyard issues from 1988 to 
1995. The committee name was changed to reflect the broadened scope of 
advice that OSHA sought from the committee, which had been expanded to 
include all types of maritime employment.
    MACOSH's advisory activities support OSHA's strategic goal of 
promoting safe and healthful workplaces by providing collective 
industry knowledge and expertise, not otherwise readily available to 
the Secretary, to assist in addressing the unique hazards found within 
the maritime sector. The committee's work has led to the development of 
guidance and standards to promote the reduction of injuries, illnesses, 
and fatalities in the maritime industry.
    On December 20, 2019, the President signed the National Defense 
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) (NDAA), which 
establishes an advisory committee for the maritime industry as an 
entity of indefinite duration. Specifically, section 3510 of the NDAA 
amended section 7 of the OSH Act (29 U.S.C. 656) by adding a paragraph 
(d) to establish a Maritime Occupational Safety and Health Advisory 
Committee that is a continuing body and provides advice to the 
Secretary in formulating maritime industry standards and regarding 
matters pertaining to the administration of the OSH Act related to the 
maritime industry. Paragraph (d) further provides that the composition 
of such advisory committee must be consistent with the advisory 
committees established under paragraph (b) and that a member of the 
advisory committee who is otherwise qualified may continue to serve 
until a successor is appointed. It also allows the Secretary to 
promulgate or amend regulations as necessary to implement paragraph 
(d).
    In order to implement the new Section 7(d) of the OSH Act, this 
final rule amends the text of 29 CFR part 1912 to include an advisory 
committee for the maritime industry of indefinite duration. The name of 
this committee will be Maritime Advisory Committee on Occupational 
Safety and Health (MACOSH). This amendment does not change the 
composition of the committee, which must remain consistent with other 
advisory committees established under section 7(b). However, it is 
necessary to revise 29 CFR part 1912 to describe the organization and 
operation of MACOSH.
    This rule is not an Executive Order (E.O.) 13771 regulatory action 
because this rule is not significant under E.O. 12866.

II. Discussion of Changes

    OSHA's regulations, 29 CFR part 1912, Advisory Committees on 
Standards, set forth the policies and procedures governing the 
composition and function of OSHA advisory committees. Pursuant to the 
NDAA's amendment of the OSH Act, MACOSH is now designated as a 
statutorily mandated advisory committee. To implement this change, this 
final rule


amends the purpose and scope section of part 1912 by adding MACOSH to 
Sec.  1912.1(a). Section 1912.1(a) will continue to state that part 
1912 covers the Advisory Committee on Construction Safety and Health, 
as well as any advisory committees that may be appointed in the future 
under section 7(b) of the OSH Act.
    This final rule also adds a new Sec.  1912.13 to set forth the 
requirements pertaining to the composition and function of MACOSH. 
Paragraph (a) of this section references section 3510 of the NDAA which 
establishes MACOSH. In addition, paragraph (a) specifies that MACOSH 
shall provide advice to the Secretary in formulating maritime industry 
standards and regarding matters pertaining to the administration of 
this Act related to the maritime industry. The Secretary may seek the 
advice of this committee on activities in the maritime industry related 
to the priorities set by the agency, including worker training, 
education, and assistance; setting and enforcing standards; and 
assurance of safe and healthful working conditions for America's 
working men and women in the maritime industry. While MACOSH's 
membership must be consistent with that of advisory committees 
appointed under section 7(b) of the OSH Act, paragraph (a) of Sec.  
1912.13 states that no other committee will be established to perform 
the same function, unless the issue or issues involved extend beyond 
maritime activity.
    This final rule adds Sec.  1912.13(b) to detail the organization of 
MACOSH. Paragraph (b) states that MACOSH is a continuing advisory body, 
with the makeup consistent with section 7(b) of the OSH Act. The 
committee membership will be composed of 15 members appointed by the 
Secretary, one of whom must be appointed as Chair. The composition of 
MACOSH is as follows:
     One member who is a designee of the Secretary of Health 
and Human Services (paragraph (b)(1));
     Equal representation of employers and employees, 
consisting of at least one member who is qualified by experience and 
affiliation to present the viewpoint of the employers involved, and at 
least one member who is similarly qualified to present the viewpoint of 
the employees involved (paragraph (b)(2));
     At least one representative of state health and safety 
agencies (paragraph (b)(3)); and
     Other persons as the Secretary may appoint who are 
qualified by knowledge and experience to make a useful contribution to 
the work of the committee, including one or more representatives of 
professional organizations of technicians or professionals specializing 
in occupational safety or health, and one or more persons of nationally 
recognized standards-producing organizations. However, the number of 
such persons appointed may not exceed the number of persons appointed 
as representatives of federal and state agencies. (Paragraph (b)(4)).
    This final rule adds Sec.  1912.13(c), which requires that the 
Committee's membership term will be for a period of two years. However, 
the Secretary has the authority to remove appointees at his or her 
discretion at any time. If a member resigns or is removed before his or 
her term expires, the Secretary may appoint a replacement to fulfill 
the remaining unexpired term of the resigned member.
    This final rule adds Sec.  1912.13(d) to permit members to be 
reappointed to successive terms. OSHA believes that returning members 
will provide leadership by mentoring newly appointed members on the 
practices and operations of the committee. In addition, membership 
continuity allows projects to progress across MACOSH charters. Finally, 
returning members will be familiar with agency priorities and previous 
advice provided to the Secretary.
    This final rule adds Sec.  1912.13(e) to permit members to continue 
serving until a successor is appointed. This provision is consistent 
with Sec.  1912.3(i) that applies to the Advisory Committee on 
Construction Safety and Health. A member's service beyond the two-year 
appointment term pending the appointment of a successor will be at the 
Secretary's discretion.
    Finally, this final rule adds Sec.  1912.13(f) to implement the 
amendment to the OSH Act, under which MACOSH was designated a statutory 
entity of indefinite duration. Paragraph (f) also specifies that the 
Maritime Advisory Committee charter must be renewed every two years, in 
accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. 
App. 2).

III. Legal Considerations

    MACOSH is established and operates in accordance with the 
provisions of FACA, as amended (5 U.S.C. App. 2), the implementing 
regulations (41 CFR parts 101-6 and 102-3), and chapter 1-900 of 
Department of Labor Manual Series 3 (Aug. 31, 2020).
    The Department has determined that these amendments need not be 
published as a proposed rule for comment under 5 U.S.C. 553(b) because 
the amendments comprise a rule of agency organization, procedure, or 
practice under 5 U.S.C. 553(b)(3)(A). Further, the final rule merely 
implements a statutory procedural requirement and affects no private 
rights or obligations, so public comment is unnecessary under 5 U.S.C. 
553(b)(3)(B). Because this final rule is not substantive, and because 
there is no reason to delay implementation as this rule does not 
directly affect any private parties or require their compliance or 
familiarization with this rule, the Department has determined that 
delaying the effective date of the rule is unnecessary and good cause 
exists under 5 U.S.C. 553(d) to make this rule effective immediately 
upon publication in the Federal Register.

IV. Final Economic Analysis and Regulatory Flexibility Act 
Certification

    Executive Orders 12866 and 13563, the Regulatory Flexibility Act (5 
U.S.C. 601-612), and the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 
1532(a)) require that OSHA estimate the benefits, costs, and net 
benefits of regulations, and analyze the impacts of certain rules that 
OSHA promulgates. E.O. 13563 emphasizes the importance of quantifying 
both costs and benefits, reducing costs, harmonizing rules, and 
promoting flexibility.
    This final rule is not an ``economically significant regulatory 
action'' under Executive Order 12866, or a ``major rule'' under the 
Congressional Review Act (5 U.S.C. 801 et seq.), and the impacts do not 
trigger the analytical requirements of UMRA. Neither the benefits nor 
the costs of this final rule would exceed $100 million in any given 
year.

V. Office of Management and Budget Review Under the Paperwork Reduction 
Act of 1995

    The amended regulation contain no additional information-collection 
or record-keeping requirements under the Paperwork Reduction Act of 
1995 (PRA), 44 U.S.C. 3501 et seq., and the implementing regulations at 
5 CFR part 1320.

VI. Unfunded Mandates Reform Act

    These rule amendments will not result in the expenditure by state, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions are deemed necessary under the provisions


of the Unfunded Mandates Reform Act of 1995.

Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice pursuant to 29 U.S.C. 653, 655, and 656, Secretary's Order 8-
2020 (85 FR 58393; Sept. 18, 2020), National Defense Authorization Act 
for Fiscal Year 2020 (Pub. L. 116-92), and FACA, as amended (5 U.S.C. 
App. 2), the implementing regulations (41 CFR part 102-3), Department 
of Labor Manual Series Chapter 1-900 (August 31, 2020), and 29 CFR part 
1911.

    Signed at Washington, DC, on October 19, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.

Amendments to Regulations

    For the reasons stated in the preamble, OSHA amends 29 CFR part 
1912 as follows:

PART 1912--ADVISORY COMMITTEES ON STANDARDS

0
1. The authority citation for part 1912 is revised to read as follows:

    Authority:  29 U.S.C. 653, 655, 656, 657; 5 U.S.C. 553; 5 U.S.C. 
App. 2; 40 U.S.C. 333; Secretary of Labor's Order No. 12-71 (36 FR 
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 3-2000 (65 FR 50017), 
or 8-2020 (85 FR 58393), as applicable.

0
2. Section 1912.1 is amended by revising paragraph (a) to read as 
follows:


Sec.  1912.1   Purpose and scope.

    (a) This part prescribes the policies and procedures governing the 
composition and functions of advisory committees which have been, or 
may be, appointed under section 7(b) of the Occupational Safety and 
Health Act of 1970 (the Act) to assist the Assistant Secretary in 
carrying out the standards-setting duties of the Secretary of Labor 
under section 6 of the Act. Such committees are specifically authorized 
by section 7(b). This part also prescribes the policies and procedures 
governing the composition and functions of the:
    (1) Advisory Committee on Construction Safety and Health; and
    (2) Maritime Advisory Committee on Occupational Safety and Health.
* * * * *

0
3. Add Sec.  1912.13 to read as follows:


Sec.  1912.13   Maritime Advisory Committee on Occupational Safety and 
Health.

    (a) This section applies to the Maritime Advisory Committee on 
Occupational Safety and Health, which has been established under 
section 3510 of the National Defense Authorization Act (Pub. L. 116-92, 
December 20, 2019) to advise the Secretary of Labor in formulating 
maritime industry standards and regarding matters pertaining to the 
administration of this Act related to the maritime industry. The 
composition of the Maritime Advisory Committee on Occupational Safety 
and Health is consistent with that of advisory committees which may be 
appointed under section 7(b) of the Act. See paragraph (c) of this 
section. An additional advisory committee covering these duties will 
not normally be established under section 7(b) of the Act, unless the 
issue or issues involved extend beyond maritime activity. See Sec.  
1912.4 concerning the general policy against duplication of activity by 
advisory committees.
    (b) The Maritime Advisory Committee on Occupational Safety and 
Health is a continuing advisory body. It is composed of 15 members 
appointed by the Secretary, one of whom is appointed as Chair. The 
composition of the Advisory Committee is as follows:
    (1) One member who is a designee of the Secretary of Health and 
Human Services;
    (2) At least one member who is qualified by experience and 
affiliation to present the viewpoint of the employers involved, and at 
least one member who is similarly qualified to present the viewpoint of 
the employees involved. There shall be an equal number of 
representatives of employers and employees involved; and
    (3) At least one representative of state health and safety 
agencies.
    (4) The Maritime Advisory Committee on Occupational Safety and 
Health may include such other persons as the Secretary may appoint who 
are qualified by knowledge and experience to make a useful contribution 
to the work of the committee, including one or more representatives of 
professional organizations of technicians or professionals specializing 
in occupational safety or health and one or more persons of nationally 
recognized standards-producing organizations, but the number of persons 
so appointed shall not exceed the number of persons appointed as 
representatives of Federal and state agencies.
    (c) Each member of the Maritime Advisory Committee on Occupational 
Safety and Health shall serve for a period of two years. Appointment of 
a member to the Committee for a fixed time period shall not affect the 
authority of the Secretary to remove, in his or her discretion, any 
member at any time. If a member resigns or is removed before his or her 
term expires, the Secretary of Labor may appoint for the remainder of 
the unexpired term a new member who shall represent the same interest 
as his or her predecessor.
    (d) Members may be appointed to successive terms.
    (e) A member who is otherwise qualified may continue to serve until 
a successor is appointed.
    (f) There shall be filed on behalf of the Maritime Advisory 
Committee on Occupational Safety and Health a charter in accordance 
with the Federal Advisory Committee Act upon the expiration of each 
successive two-year period.

[FR Doc. 2020-23620 Filed 11-17-20; 8:45 am]
BILLING CODE 4510-26-P