[Federal Register: January 26, 2009 (Volume 74, Number 15)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1926
[Docket No. OSHA-2007-0066]
Cranes and Derricks in Construction
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; notice of hearing.
SUMMARY: OSHA is convening an informal public hearing to receive
testimony and documentary evidence on the proposed rule for Cranes and
Derricks in Construction (29 CFR part 1926, subpart CC) which published
on October 9, 2008 (73 FR 59714).
DATES: Informal public hearing. The Agency will hold the informal
public hearing in Washington, DC, beginning March 17, 2009. The hearing
will commence at 10 a.m. on the first day. If necessary, the hearing
will continue for additional days. If the hearing is continued for
additional days, it will begin at 9 a.m. on each of these days.
Notice of intention to appear to provide testimony at the informal
public hearing. Parties who intend to present testimony at the informal
public hearing must notify OSHA in writing of their intention to do so
no later than February 13, 2009.
Hearing testimony and documentary evidence. Parties who are
requesting more than 10 minutes to present their testimony, or who will
be submitting documentary evidence at the hearing, must provide the
Agency with copies of their full testimony and all documentary evidence
they plan to present by March 3, 2009.
ADDRESSES: Informal public hearing. The informal public hearing will be
held in Washington, DC, in the auditorium on the plaza level of the
Frances Perkins Building, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210.
Notices of intention to appear at the hearing, hearing testimony,
and documentary evidence. Submit notices of intention to appear at the
informal public hearing, hearing testimony, and documentary evidence,
identified by the docket number (OSHA-2007-0066) or the regulation
identifier number (RIN 1218-AC01), using any one of the following
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-2007-0066) so that the Agency
can attach them to the appropriate document.
Regular mail, express delivery, hand delivery, and courier service:
Send submissions in triplicate (three copies) to the OSHA Docket
Office, Docket No. OSHA-2007-0066, 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. All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA-2007-0066). 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, the text of testimony, and documentary evidence, see the PUBLIC
PARTICIPATION--COMMENTS AND HEARINGS section below.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. 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. Contact
the OSHA Docket Office for assistance in locating docket submissions,
including notices of intention to appear, the text of testimony, and
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Contact Ms. Jennifer Ashley, Office of Communications, Room
N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-1999.
Technical inquiries: Contact Ms. Cathy Legan, Directorate of
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020 or fax (202) 693-1689.
Background. OSHA published the proposed Cranes and Derricks in
Construction Standard on October 9, 2008 (73 FR 59713). The period for
submitting written comments was to expire on December 8, 2008, but was
extended to January 22, 2009. During this period, a number of
commenters submitted requests for an informal public hearing (see,
e.g., Ex. OSHA-2007-0066-0117.1). With this notice, OSHA is announcing
a hearing date in response to 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 Notice of Proposed
Rulemaking (NPRM) 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 remainder of 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 NPRM. An
administrative law judge (ALJ) will preside over the hearing and will
resolve any procedural matters relating to the hearing on the first
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 pre-hearing 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 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 NPRM
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. At the close of the hearing, the ALJ will establish
a post-hearing comment period for parties who participated in the
hearing. During the first part of this period, the participants may
submit additional data and information to OSHA, and during the second
part of this period, they may submit briefs, arguments, and summations.
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, address,
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); approximate amount of
time requested for the individual's testimony; specific issues the
individual will address, including a brief description of the position
that the individual will take with respect to each of these issues; and
any documentary evidence the individual will present, including a brief
summary of the evidence.
OSHA emphasizes that, while the hearing is open to the public and
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.
Hearing testimony and documentary evidence. OSHA will review each
submission and determine if the information it contains warrants the
amount of time requested. OSHA then will allocate an appropriate amount
of time to each presentation, and will notify the participants of the
time allotted to their presentations. Prior to the hearing, the Agency
will notify participants if the allotted time is less than the
requested time, and will provide the reasons for this action. OSHA may
limit to 10 minutes the presentation of any participant who fails to
comply substantially with these procedural requirements. The Agency
also may request a participant to return for questions at a later time.
Certification of the record and final determination after the
informal public hearing. Following the close of the hearing and post-
hearing 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
Authority and Signature
This document was prepared under the authority of Thomas M.
Stohler, Acting 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), Secretary of Labor's
Order 5-2007 (72 FR 31160), and 29 CFR part 1911.
Signed at Washington, DC, on January 14, 2009.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-1128 Filed 1-23-09; 8:45 am]
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