| Publication Date:
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| Fed Register #:
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||Occupational Exposure to Beryllium
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32764]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
[Docket No. OSHA-H005C-2006-0870-0353]
Occupational Exposure to Beryllium
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; notice of informal public hearing.
SUMMARY: OSHA is scheduling an informal public hearing on its proposed
rule "Occupational Exposure to Beryllium and Beryllium Compounds."
The proposed rule was published in the Federal Register on August 7,
2015 and the 90-day public comment period ended on November 5, 2015.
This document describes the procedures that will govern this hearing.
DATES: Informal public hearing. The hearing will begin on February 29,
2016 at 2 p.m. If necessary, the hearing will continue from 9:30 a.m.
to 5:00 p.m., local time, on subsequent days, in Washington, DC.
ADDRESSES: Informal public hearing. The Washington, DC hearing will be
held in Room N4437 A, B, C, D at the Frances Perkins Building, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.
Notice of Intention to appear at the hearing: Interested persons
who intend to present testimony or question witnesses at the hearing
must submit (transmit, send, postmark, deliver) a notice of intention
to appear, by January 29, 2016.
Hearing testimony and documentary evidence. Interested persons who
request more than 10 minutes to present testimony or 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 January 29, 2016.
Methods of submission. All submissions must include the Agency name
and the docket number for this rulemaking (OSHA-H005C-2006-0870-0353).
Notices of intention to appear, hearing testimony, and documentary
evidence may be submitted by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions online for electronically submitting materials, including
Fax: If your written submission does not exceed 10 pages, including
attachments, you may fax it to the OSHA Docket Office at (202) 693-
Regular mail, express delivery, hand delivery, and messenger or
courier service: Submit your materials to the OSHA Docket Office,
Docket No. OSHA-H005C-2006-0870-0353, 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 or courier service) are accepted during
the OSHA Docket Office's normal hours of operation, 8:15 a.m. to 4:45
Instructions: All submission must include the Agency name and
docket number for this rulemaking (OSHA-H005C-2006-0870-0353). 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 birth
dates. 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
Docket: To read or download comments, notices of intention to
appear, and other material in the docket, go to Docket No. OSHA-H005C-
2006-0870-0353 at http://www.regulations.gov. All documents in the docket
are listed in the http://www.regulations.gov index; however, some
copyrighted material is not publicly available to read or download
through the Web site. All submissions and other material in the docket
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 site,
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 new releases and
other relevant information, also is available at OSHA's Web site at http://www.osha.gov.
FOR FURTHER INFORMATION CONTACT: Press inquiries: Kimberly Darby,
Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone 202-693-1892.
Technical information: Maureen Ruskin, OSHA, Office of Chemical
Hazards-Metals, Room N-3718, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington DC 20210; telephone (202) 693-1955.
Hearing inquiries: Gretta Jameson, OSHA, Office of Communications,
Room N-3647; 200 Constitution Avenue NW., Washington, DC 20210;
telephone 202-693-2176, email Jameson.Gretta@dol.gov.
SUPPLEMENTARY INFORMATION: On August 7, 2015, OSHA published a proposed
rule to amend its existing exposure limits for occupational exposure in
general industry to beryllium and beryllium compounds (80 FR 47565).
The proposed rule would promulgate a substance-specific standard for
general industry, regulating occupational exposure to beryllium and
beryllium compounds. OSHA accepted comments concerning the proposed
rule during the comment period, which ended on November 5, 2015.
Commenters shared information and suggestions on a variety of topics,
and the Non-Ferrous Founders' Society also requested that OSHA schedule
an informal public hearing on the proposed rule.
Informal public hearing--purpose, rules and procedures. OSHA
invites interested persons to participate in this rulemaking by
providing oral testimony and documentary evidence at the informal
public hearing. OSHA also welcomes presentation of data and documentary
evidence that will provide the Agency with the best available evidence
to use in developing the final rule.
Pursuant to 29 CFR 1911.15(a) and 5 U.S.C. 553(c), members of the
public have an opportunity at the informal public hearing to provide
oral testimony and evidence on issues raised by the proposal. An
administrative law judge (ALJ) will preside over the hearing and will
resolve any procedural matters relating to the hearing.
OSHA's regulation governing public hearings (29 CFR 1911.15)
establishes the purpose and procedures of informal public hearings.
Although the presiding officer of the hearing 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 rigid procedures that could impede or
protract the rulemaking process. The hearing is not an adjudicative
proceeding subject to the Federal rules of evidence. Instead, it is an
informal administrative proceeding convened for the purpose of
gathering and clarifying information. Accordingly, questions of
relevance, procedure, and participation generally will be resolved in
favor of developing a clear, accurate, and complete record.
Conduct of the hearing will conform to 29 CFR 1911.15. In addition,
pursuant to 29 CFR 1911.4, 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. Although the ALJ presiding over the hearing makes no decision or
recommendation on the merits of the proposal, the ALJ has the
responsibility and authority necessary to ensure that the hearing
progresses at a reasonable pace and in an orderly manner. To ensure a
full and fair hearing, the ALJ has 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 from
those who participated in the hearing (29 CFR 1911.16).
If you submit scientific or technical studies or other results of
scientific research, OSHA requests (but is not requiring) that you also
provide the following information where it is available: (1)
Identification of the funding source(s) and sponsoring organization(s)
of the research; (2) the extent to which the research findings were
reviewed by a potentially affected party prior to publication or
submission to the docket, and identification of any such parties; and
(3) the nature of any financial relationships (e.g., consulting
agreements, expert witness support, or research funding) between
investigators who conducted the research and any organization(s) or
entities having an interest in the rulemaking. If you are submitting
comments or testimony on the Agency's scientific or technical analyses,
OSHA requests that you disclose: (1) The nature of any financial
relationships you may have with any organization(s) or entities having
an interest in the rulemaking; and (2) the extent to which your
comments or testimony were reviewed by an interested party before you
submitted them. Disclosure of such information is intended to promote
transparency and scientific integrity of data and technical information
submitted to the record. This request is consistent with Executive
Order 13563, issued on January 18, 2011, which instructs agencies to
ensure the objectivity of any scientific and technological information
used to support their regulatory actions. OSHA emphasizes that all
material submitted to the rulemaking record will be considered by the
Agency to develop the final rule and supporting analyses. At the close
of the hearing, the ALJ will establish a 45-day post-hearing comment
period for interested persons who filed a timely notice of intention to
appear at the hearing. During the first 30 days of the post-hearing
period, those persons may submit final briefs, arguments, summations,
and additional data and information to OSHA. During the remaining 15
days, they may only 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 question witnesses at the
hearing, interested persons must submit (transmit, send, postmark,
deliver) their notice by January 29, 2016. The notice must provide the
Name, address, email 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
Approximate amount of time required for each individual's
A brief statement of the position each individual will
take with respect to the issues raised by the proposed rule; and
A brief summary of documentary evidence each individual
intends to present.
Participants who need projectors and other special equipment for
their testimony must contact Gretta Jameson at OSHA's Office of
Communications, telephone (202) 693-2176, no later than one week before
the hearing begins.
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.
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 January 29, 2016.
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.
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 into the record and will issue the final rule based
on the record as a whole.
Authority and Signature
This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210, pursuant to section 6(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655(b)), Secretary of Labor's
Order 1-2012 (77 FR 3912), and 29 CFR part 1911.
Signed at Washington, DC, on December 23, 2015.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-32764 Filed 12-29-15; 8:45 am]
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