Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules 69369 

procedures established by the 

Commissioner. 

* * * * * 

Dated: October 25, 2010. 

David H. Stevens, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2010–28420 Filed 11–10–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

[Docket No. OSHA–2007–0072] 

RIN 1218–AB80 

Walking-Working Surfaces and 

Personal Protective Equipment (Fall 

Protection Systems) 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule; notice of 

informal public hearings. 

SUMMARY: OSHA is convening an 

informal public hearing to receive 

testimony and documentary evidence 

on the Walking-Working Surfaces and 

Personal Protective Equipment (Fall 

Protection Systems) proposed rule (29 

CFR part 1910, subparts D and I), 

published on May 24, 2010 (73 FR 

28862). 

DATES: Informal public hearings: OSHA 

will hold an informal public hearing in 

Washington, DC, beginning at 9:30 a.m., 

January 18, 2011. If necessary, the 

hearing will continue on subsequent 

days at the same time and location. 

Notice of intention to appear to 

provide testimony at the informal public 

hearing: Parties who intend to present 

testimony or question witnesses at the 

informal public hearing must notify 

OSHA in writing of their intention to do 

so by November 30, 2010. 

Hearing testimony and documentary 

evidence: Parties requesting more than 

10 minutes to present their testimony, 

or who will be submitting documentary 

evidence at the hearing must submit the 

full text of their testimony and all 

documentary evidence to OSHA by 

December 21, 2010. 

ADDRESSES: Informal public hearing: 

The hearing will be held in the 

auditorium of the Frances Perkins 

Building, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC. 

Notices of intention to appear, 

hearing testimony, and documentary 

evidence: Submit notices of intention to 

appear, hearing testimony, and 

documentary evidence, identified by the 

docket number (OSHA–2007–0072) or 

the regulation identifier number (RIN 

1218–AB80) using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions online for electronically 

submitting materials, including 

attachments, 

• Fax: Send written submissions not 

exceeding 10 pages in length, including 

attachments, 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 

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–2007–0072) so that OSHA can 

attach them to the appropriate 

document. 

• Regular mail, express delivery, 

hand delivery, and messenger and 

courier service: Send materials to the 

OSHA Docket Office, Docket No. 

OSHA–2007–0072, Technical Data 

Center, U.S. Department of Labor, Room 

N–2625, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2350 (TTY number (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. 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 (OSHA–2007–0072). All 

submissions, including any personal 

information, are placed in the public 

docket without change, 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, 

birthdates, and medical information. For 

additional information on submitting 

notices of intention to appear, hearing 

testimony, or documentary evidence, 

see the SUPPLEMENTARY INFORMATION

section of this notice below. 

Docket: To read or download 

comments and other material in the 

docket, go to Docket No. OSHA–2007– 

0072 at http://www.regulations.gov or to 

the OSHA Docket Office at the address 

above. While all submissions to the 

docket are listed in the http:// 

www.regulations.gov, some information 

(e.g., copyrighted material) is not 

publicly available to read or download 

through this Web site. However, all 

submissions, including copyrighted 

material, are available for inspection 

and copying in 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 documentary evidence. 

The hours of operation for the OSHA 

Docket Office are 8:15 a.m. to 4:45 p.m., 

e.t. 

FOR FURTHER INFORMATION CONTACT: 

Press inquiries: MaryAnn Garrahan, 

Office of Communications, U.S. 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–3647, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–1999. 

Technical inquiries and inquiries 

about the hearing: Virginia Fitzner, 

Office of Safety Systems, Directorate of 

Standards and Guidance, U.S. 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–3609, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2052. 

Copies of this Federal Register notice: 

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 regarding the hearing, also 

are available at OSHA’s Web page at 

http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

Background. On May 24, 2010, OSHA 

published a proposed rule to update, 

revise, and reorganize the standards on 

walking-working surfaces and to add 

personal fall protection systems to the 

Personal Protective Equipment standard 

(73 FR 28862). OSHA invited written 

comments and requests for hearings on 

the proposed rule. The deadline for 

submitting comments and hearing 

requests was August 23, 2010. During 

this period, a number of commenters 

submitted requests for an informal 

public hearing (see, e.g., Ex. OSHA– 

2007–0072–0150.1). Accordingly, OSHA 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
69370 Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules 

will hold an informal public hearing on 

the proposed rule on Walking-Working 

Surfaces and Personal Protective 

Equipment (Fall Protection Systems) in 

general industry on January 18, 2011, at 

the Department of Labor’s Frances 

Perkins Building, Washington, DC. If 

necessary, the hearing will continue on 

subsequent days at the same time and 

location. This notice describes the 

procedures the public must use to 

participate in the hearings. 

Public participation—comments and 

hearings. OSHA invites members of the 

public to participate in this rulemaking 

by providing oral testimony and 

documentary evidence at the informal 

public hearings. In particular, OSHA 

invites interested parties who have 

knowledge of, or experience with, 

walking-working surfaces and the issues 

raised in the proposed rule to 

participate in the hearings. OSHA also 

welcomes data and documentary 

evidence that will provide the Agency 

with the best available evidence to use 

in developing the final rule. 

Hearing arrangements. 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 at the 

informal public hearing to provide oral 

testimony and documentary evidence 

concerning the issues raised in the 

proposal. An administrative law judge 

(ALJ) presides over the hearing and will 

resolve procedural matters relating to 

the hearing on the first day. 

Purpose of 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 the hearing is an ALJ, and 

questioning of witnesses is allowed on 

pertinent issues, the proceeding is 

largely 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 or rigid 

procedures 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 to 

gather information and clarify the 

record. OSHA’s regulations 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 regarding relevance, 

procedures, and participation generally 

will be resolved in favor of developing 

a complete record. 

Conduct of the hearing. Conduct of 

the hearing will conform to the 

provisions of 29 CFR part 1911 (Rules 

of Procedure for Promulgating, 

Modifying, or Revoking Occupational 

Safety and Health Standards). Although 

the ALJ who presides over the hearings 

makes no decisions or recommendations 

on the merits of the proposed or final 

rules, 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 persons receive a full and fair 

hearing, the ALJ has the authority to: 

Regulate the course of the proceedings; 

dispose of procedural requests, 

objections, and similar matters; confine 

presentations to matters pertinent to the 

issues raised in the proposed rule; use 

appropriate means to regulate the 

conduct of the parties who are present 

at the hearing; question witnesses, and 

permit others to do so; and limit the 

time for such questioning. 

At the close of the hearing, the ALJ 

will establish a post-hearing comment 

period for parties who filed a timely 

notice of intention to appear at the 

hearing. During the first part of this 

post-hearing period, these parties 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 

hearing. Hearing participants must file a 

written notice of intention to appear 

prior to the hearing that provides 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 testifying; 

• Approximate amount of time 

required for each individual’s 

testimony; 

• 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, while the 

hearings are open to the public and 

interested parties are welcome to attend, 

only a party that files 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, a party that 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. Parties who request more than 

10 minutes to present oral testimony at 

the hearing, or will submit documentary 

evidence at the hearing, must submit the 

full text of their testimony and all 

documentary evidence no later than 

December 21, 2010. The Agency will 

review each submission and determine 

if the information it contains warrants 

the amount of time the party requested 

for the presentation. If OSHA 

determines that the requested time is 

excessive, the Agency will allocate an 

appropriate amount of time for the 

presentation; OSHA then will notify the 

participants of the time allotted for their 

presentations, and will provide the 

reasons for this determination. The 

Agency also may limit to 10 minutes the 

presentation of any participant who fails 

to comply substantially with these 

procedural requirements. During the 

hearing, OSHA may request that a 

participant return for questioning at a 

later time. Before the hearing, OSHA 

will provide the pre-hearing guidelines 

and hearing schedule to each hearing 

participant. 

Certification of the record and final 

determination after the informal public 

hearing. 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 hearing. 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 then 

will issue the final rule based on the 

record as a whole. 

Authority and Signature 

David Michaels, PhD, MPH, 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 4–2010 (75 FR 55355), 

and 29 CFR part 1911. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Proposed Rules 69371 

Signed at Washington, DC, on November 8, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–28544 Filed 11–10–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0995] 

RIN 1625–AA00 

Safety Zone; Beaufort River/Atlantic 

Intracoastal Waterway, Beaufort, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

Beaufort River portion of the Atlantic 

Intracoastal Waterway, South Carolina 

during the construction and expansion 

of the J.E. McTeer Bridge, also referred 

to as the S.C. 802 Bridge. This 

regulation is necessary to protect life 

and property on the navigable waters of 

the Beaufort River during the 

construction and expansion of the J.E. 

McTeer Bridge. Persons and vessels will 

be prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Charleston or 

a designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before December 13, 2010. The Coast 

Guard anticipates that this proposed 

rule will be effective from January 24, 

2011 through January 28, 2011 and 

enforced daily from 9 a.m. until 12 p.m. 

and 2 p.m. until 5 p.m. on January 24, 

2011 through January 28, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0995 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant Julie 

Blanchfield, Coast Guard; telephone 

843–740–3184, e-mail 

Julie.E.Blanchfield@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0995), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0995’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2; by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0995’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

The construction and expansion of 

the J.E. McTeer Bridge will create safety 

hazards within the main channel of the 

Beaufort River in the vicinity of the J.E. 

McTeer Bridge due to the presence of 

construction equipment and the nature 

of the construction project. The 

described portion of the Atlantic 

Intracoastal Waterway/Beaufort River 

will be affected daily from 9 a.m. until 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1