[Federal Register: June 30, 2008 (Volume 73, Number 126)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910 and 1915
[Docket No. OSHA-S049-2006-0675 (formerly OSHA Docket No. S-049)]
General Working Conditions in Shipyard Employment
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Proposed rule; notice of informal public hearings.
SUMMARY: OSHA is scheduling informal public hearings on the proposed
rule on general working conditions in shipyard employment.
DATES: Informal public hearings: The hearings will begin at 9:30 a.m.,
on the following dates:
September 9, 2008, in Washington, DC; and
October 21, 2008, in Seattle, WA.
If necessary, the hearing will continue at the same time on
subsequent days at each location.
Notice of intention to appear at the hearing: Interested persons
who intend to present testimony or question witnesses at either the
Washington, DC, or Seattle, WA, hearing must submit (transmit, send,
postmark, deliver) a notice of their intention to do so by July 18,
Hearing testimony and documentary evidence: Interested persons who
request more than 10 minutes to present testimony or who intend to
submit documentary evidence at the hearing must submit (transmit, send,
postmark, deliver) the full text of their testimony and all documentary
evidence by August 8, 2008.
Informal public hearings: The Washington, DC, hearing will be held
in the auditorium of the U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210. OSHA will announce the address of
the Seattle, WA, hearing in a later Federal Register document.
Notice of intention to appear, hearing testimony and documentary
evidence: You may submit (transmit, send, postmark, deliver) your
notice of intention to appear, hearing testimony, and documentary
evidence, identified by docket number OSHA-S049-2006-0675, by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions online for electronically submitting materials,
Fax: If your written submission does not exceed 10 pages,
including attachments, you may fax it to the OSHA Docket Office at
(202) 693-1648; or
Regular mail, express delivery, hand delivery, and
messenger and courier service: Submit your materials to the OSHA Docket
Office, Docket No. OSHA-S049-2006-0675, U.S. Department of Labor, Room
N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-2350 (TTY number (877) 889-5627). Deliveries (express mail,
hand delivery, and messenger and courier service) are accepted during
the Department of Labor's and OSHA Docket Office's normal hours of
operation, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and
docket number for this rulemaking (Docket No. OSHA-S049-2006-0675). All
submissions, including any personal information, are placed in the
public docket without change and may be available online at http://
www.regulations.gov. Therefore, OSHA cautions you about submitting
certain personal information such as social security numbers and
birthdates. Because of security-related procedures, the use of regular
mail may cause a significant delay in the receipt of your submissions.
For information about security-related procedures for submitting
materials by express delivery, hand delivery, messenger, or courier
service, please contact the OSHA Docket Office. For additional
information on submitting notices of intention to appear, hearing
testimony or documentary evidence, see the SUPPLEMENTARY INFORMATION
section of this notice.
Docket: To read or download background documents as well as
comments and materials submitted in response to the proposed rule or
this Federal Register notice, go to Docket No. OSHA-S049-2006-0675 at
http://www.regulations.gov. All submissions 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 the Web
page. All submissions and other material related to the proposed rule
are available for public inspection and copying in the OSHA Docket
Office. For information on reading or downloading materials in the
docket and obtaining materials not available through the Web page,
please contact the OSHA Docket Office.
Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This notice as well as news releases and
other relevant information also are available at OSHA's Web page at
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Jennifer Ashley, OSHA, Office of Communications,
Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-1999.
Technical information: Joseph Daddura, OSHA, Office of Maritime
Standards, Room N-3609, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone (202) 693-2222.
Hearings: Ms. Veneta Chatmon, OSHA, Office of Communications, Room
N-3647; 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-1999; e-mail firstname.lastname@example.org.
SUPPLEMENTARY INFORMATION: On December 20, 2007, OSHA published a
proposed rule to revise the standards on general working conditions in
shipyard employment (72 FR 72451). The deadline for submitting written
comments and hearing requests was March 19, 2008. OSHA received several
hearing requests and is scheduling hearings to begin on September 9,
2008, in Washington, DC, and October 21, 2008, in Seattle, WA. This
notice describes the procedures the public must use to participate in
Informal public hearings--purpose, rules and procedures. OSHA
invites interested persons to participate in this rulemaking by
providing oral testimony and documentary evidence at the informal
public hearings. In particular, OSHA invites interested persons who
have knowledge of or experience with shipyard employment and the issues
the proposed rule raises to participate in the hearings. OSHA also
welcomes data and documentary evidence that will assist the Agency in
developing a complete and accurate record.
Pursuant to section 6(b)(3) of the Occupational Safety and Health
Act of 1970 (OSH Act) (29 U.S.C. 655), members of the public have an
opportunity for an informal public hearing on a proposed rule and the
issues it raises at which they may provide oral testimony and evidence.
An administrative law judge (ALJ) presides over the hearing and
resolves procedural matters relating to the hearing.
The legislative history of section 6 of the OSH Act, as well as
OSHA's rules governing public hearings (29 CFR 1911.15), establish the
purpose and procedures of informal public hearings. Although the
presiding officer of such hearings 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 procedural restraints or rigid
procedures that could impede or protract the rulemaking process. In
addition, because the primary purpose of the hearing is to gather
information and clarify the record, it is an informal administrative
proceeding rather than an adjudicative one in which the technical rules
of evidence apply. OSHA's rules governing public hearings and the pre-
hearing guidelines that the ALJ issues for the hearings will ensure
fairness and due process for participants as well as facilitate the
development of a clear, accurate, and complete record. Accordingly,
application of these rules and guidelines will be such that questions
of relevance, procedure, and participation generally will be resolved
in favor development of the record.
Conduct of the hearing will conform to OSHA's Rules of Procedure
for Promulgating, Modifying, or Revoking Occupational Safety and Health
Standards (29 CFR Part 1911). The rules also specify that 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 (29 CFR 1911.4). Although the ALJs who
preside over the hearings make no decisions or recommendations on the
merits of OSHA proposed rules, they do have the responsibility and
authority necessary to ensure that the hearing progresses at a
reasonable pace and in an orderly manner and to ensure that interested
persons receive a full and fair hearing. To effectuate that, ALJs have
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 (29 CFR 1911.16).
At the close of the hearing the ALJ will establish a post-hearing
comment period for interested persons who filed a timely notice of
intention to appear at the hearing. During the first part of the post-
hearing period, those persons may submit additional data and
information to OSHA. During the second part they may submit final
briefs, arguments, and summations.
Notice of intention 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 intention to
appear prior to the hearing. To testify or questions witnesses at
either the Washington, DC, or Seattle, WA, hearing, interested persons
must submit (transmit, send, postmark, deliver) their notice by July
18, 2008. The notice must provide the following information:
Name, address, and telephone number of each individual who
will give oral testimony;
Name of the establishment or organization each individual
represents, if any;
Occupational title and position of each individual
Hearing location at which each individual wishes to appear
Approximate amount of time required for each individual's
A brief statement of the position each individual will
take with respect to the issues identified in the proposed rule; and
A brief summary of documentary evidence each individual
intends to present.
OSHA emphasizes that the hearings are 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.
Hearing testimony and documentary evidence. 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
(transmit, send, postmark, deliver) the full text of their testimony
and all documentary evidence no later than August 8, 2008.
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 is allowing for their
presentation and the reasons for its decision. In addition, before the
hearing OSHA will provide the pre-hearing guidelines and hearing
schedule to each participant.
Certification of the hearing record and Agency final determination.
Following the close of the hearing and the post-hearing comment
periods, 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 as part of the record and will issue the final rule
based on the record as a whole.
Authority and Signature
Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice under the
authority granted by section 6(b) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655), Secretary of Labor's Order 5-2007 (72 FR
31160), and 29 CFR part 1911.
Signed at Washington, DC on this 23rd day of June, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-14672 Filed 6-24-08; 8:45 am]
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