[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Proposed Rules]
[Pages 69369-69371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28544]


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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.

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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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions online for electronically submitting materials, 
including attachments,
    <bullet> 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.
    <bullet> 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

[[Page 69370]]

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:
    <bullet> Name, address, and telephone number of each individual who 
will give oral testimony;
    <bullet> Name of the establishment or organization each individual 
represents, if any;
    <bullet> Occupational title and position of each individual 
testifying;
    <bullet> Approximate amount of time required for each individual's 
testimony;
    <bullet> A brief statement of the position each individual will 
take with respect to the issues identified in the proposed rule; and
    <bullet> 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.


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    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