[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14463]
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 /
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2019-0001]
Hazard Communication Standard
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule: Extension of period to submit a notice of intent
to appear (NOITA) at informal hearing.
SUMMARY: The period for submitting a NOITA is being extended by 14 days
from the date of publication of this document to allow stakeholders
interested in attending the informal public hearing on the proposed
rule ``Hazard Communication Standard'' additional time to prepare their
DATES: NOITAs must be submitted July 22, 2021 in Docket Number OSHA-
Informal public hearing: OSHA has scheduled an informal public
hearing on the proposed rule to be held virtually via WebEx, beginning
September 21, 2021, at 10:00 a.m., ET. 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.
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 document, 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
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\ Contact the OSHA Docket Office at (202) 693-
2350, (TTY (877) 889-5627) for information about materials not
available through the website, and for assistance in using the internet
to locate docket submissions.
\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 document by author name, publication year, and
the last four digits of the Document ID.
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:
For general information and technical inquiries: Contact Maureen
Ruskin, Deputy Director, Directorate of Standards and Guidance,
Occupational Safety and Health Administration, U.S. Department of
Labor; telephone (202) 693-1873; email: firstname.lastname@example.org.
For hearing inquiries: Contact Janet Carter, Directorate of
Standards and Guidance, Occupational Safety and Health Administration,
U.S. Department of Labor; telephone (202) 693-2370; email:
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. The public comment period for this NPRM
closed May 19, 2021, 92 days after publication of the NPRM.
On May 20, 2021, OSHA issued a notice of informal hearing on the
proposed rule. The deadline to submit a NOITA was June 18, 2021.
However, OSHA has received a request to extend the period due, in part,
to pandemic-related activities. OSHA agrees to an extension and
believes a 14-day extension is sufficient and appropriate. Therefore,
the deadline for submitting a NOITA is extended to July 22, 2021.
Notice of Intent 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 intent to appear prior to the hearing. To testify or question
witnesses at the hearing, interested persons must electronically submit
their notice by July 22, 2021. The notice must provide the following
[cir] Name, address, email address, and telephone number of each
individual who will give oral testimony;
[cir] Name of the establishment or organization each individual
represents, if any;
[cir] Occupational title and position of each individual
[cir] Approximate amount of time required for each individual's
[cir] A brief statement of the position each individual will take
with respect to the issues raised by the proposed rule; and
[cir] A brief summary of documentary evidence each individual
intends to present.
[cir] 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.
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 June 30, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-14463 Filed 7-7-21; 8:45 am]
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