12718 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Proposed Rules 

[FR Doc. 2010–5746 Filed 3–16–10; 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, and 1926 

[Docket No. OSHA–H022K–2006–0062, 

(formerly OSHA Docket No. H022K] 

RIN 1218–AC20 

Hazard Communication; Meetings 

Notice 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Department of 

Labor. 

ACTION: Proposed rule; notification of 

one hearing, and one hearing 

cancellation. 

SUMMARY: On December 29, 2009, OSHA 

announced that it would hold informal 

public hearings on its proposal to revise 

the Hazard Communication Standard in 

Washington, DC; Pittsburgh, PA; and 

Los Angeles, CA (74 FR 68756). OSHA 

will hold the Pittsburgh hearing at the 

Marriott Pittsburgh City Center on 

March 31, 2010. OSHA is canceling the 

Los Angeles, CA, hearing. 

DATES: The informal public hearing will 

begin at 9:30 a.m., local time, on March 

31, 2010, in Pittsburgh, PA. 

ADDRESSES: Informal public hearing. 

The Pittsburgh, PA, hearing will be held 

in the Marriott Pittsburgh City Center, 

located at 112 Washington Place, 

Pittsburgh, Pennsylvania 15219. 

Docket: To read or download 

comments, notices of intention to 

appear, and other material in the docket, 

go to Docket No. OSHA–H022K–2006– 

0062 at http://www.regulations.gov. All 

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 

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, U.S. 

Department of Labor, Room N–2625, 

200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2350 (TTY number (877) 889– 

5627). 

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 http:// 

www.osha.gov. 

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: 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) 693–1950. 

Hearings: Ms. Veneta Chatmon, 

OSHA, Office of Communications, 

Room N–3647; 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–1999; e-mail 

chatmon.veneta@dol.gov. 

SUPPLEMENTARY INFORMATION: On 

September 30, 2009, OSHA published a 

proposed rule to revise the Hazard 

Communication Standard (HCS) to 

conform with the United Nations’ (UN) 

Globally Harmonized System of 

Classification and Labelling of 

Chemicals (GHS) (74 FR 50280). OSHA 

published a correction notice for the 

Notice of Proposed Rulemaking (NPRM) 

on November 5, 2009 (74 FR 57278). 

The deadline for submitting written 

comments and hearing requests was 

December 29, 2009. On December 29, 

2009, OSHA published a notice 

announcing that it would hold informal 

public hearings in Washington, DC; 

Pittsburgh, PA; and Los Angeles, CA (74 

FR 68756). The deadline for filing a 

notice of intention to appear to present 

testimony or question witnesses at these 

hearings was January 18, 2010, and the 

deadline for requesting more than 10 

minutes to present testimony or to 

submit documentary evidence at the 

hearing was February 1, 2010. 

OSHA received numerous requests to 

appear at the Washington, DC, hearing 

and a number for the Pittsburgh, PA 

hearing. However, OSHA received only 

a few requests to appear at the Los 

Angeles location, and has accordingly 

decided to cancel that hearing. Persons 

who filed timely notices for the Los 

Angeles hearing have been given the 

opportunity to appear at either the 

Washington, DC, or Pittsburgh locations. 

For information about the procedures 

that will be followed at these hearings, 

please see the notice of hearing 

published at 74 FR 68756 and the 

prehearing guidelines issued by 

Administrative Law Judge Stephen 

Purcell, which have been posted in the 

docket and may be accessed as noted 

above. 

Participants who need projectors and 

other special equipment for their 

testimony must contact Ms. Veneta 

Chatmon at OSHA’s Office of 

Communications, telephone (202) 693– 

1999, no later than one week before the 

hearing begins. 

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(b)), Secretary of 

Labor’s Order 5–2007 (72 FR 31160), 

and 29 CFR part 1911. 

Signed at Washington, DC, on this 11th day 

of March, 2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–5790 Filed 3–16–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

United States Navy Restricted Area, 

Puget Sound, Naval Station Everett, 

Washington 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers is proposing to amend its 

regulations for the restricted area 

established in the waters of Puget Sound 

adjacent to Naval Station Everett, 

Everett, Snohomish County, 

Washington. The amendments will 

enable the affected units of the United 

States military to enhance safety and 

security around an active military 

establishment. The regulations are 

necessary to safeguard military vessels 

and United States government facilities 

from sabotage and other subversive acts, 

accidents, or incidents of similar nature. 

The regulations are also necessary to 

protect the public from potentially 

hazardous conditions that may exist as 

a result of military use of the area. 

DATES: Written comments must be 

submitted by April 16, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0003, by any of the following 

methods: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Proposed Rules 12719 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2010–0003, in 

the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0003. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or email. The regulations.gov Web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Ms. 

Michelle Walker, Regulatory Branch 

Chief, U.S. Army Corps of Engineers, at 

206–764–6915 or Ms. Vicky 

Didenhover, of the Regulatory Branch, 

U.S. Army Corps of Engineers, at 206– 

764–3311. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps is 

proposing to amend its regulations at 33 

CFR part 334 by modifying the area at 

§ 334.1215. The proposed modification 

to this existing restricted area is 

described below. The intent of the 

proposed rule is to increase safety and 

security of naval operations at Naval 

Station Everett. 

In addition to the publication of the 

proposed rule in the Federal Register, 

the Seattle District is concurrently 

soliciting public comment on the 

proposed rule by distribution of a public 

notice to all known interested parties. 

Procedural Requirements 

a. Review Under Executive Order 

12866. The proposed rule is issued with 

respect to a military function of the 

Department of Defense and the 

provisions of Executive Order 12866 do 

not apply. 

b. Review Under the Regulatory 

Flexibility Act. This proposed rule has 

been reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps expects the 

proposed modification to the existing 

restricted area would have practically 

no economic impact on the public, and 

would create no anticipated 

navigational hazards or interference 

with existing waterway traffic. 

c. Review under the National 

Environmental Policy Act. The Corps 

has made a preliminary determination, 

based on the minor nature of the 

proposed rule, that the modification of 

this restricted area, if adopted, will not 

be a major Federal action having a 

significant impact to the quality of the 

human environment and, therefore, 

preparation of an environmental impact 

statement will not be required. An 

environmental assessment will be 

prepared after the public notice period 

is closed and all comments have been 

received and considered. After it is 

prepared, the environmental assessment 

may be reviewed at the District office 

listed at the end of the FOR FURTHER

INFORMATION CONTACT section, above. 

d. Unfunded Mandates Act. This 

proposed rule does not impose an 

enforceable duty among the private 

sector and, therefore, is not a Federal 

private section mandate and is not 

subject to the requirements of either 

Section 202 or Section 205 of the 

Unfunded Mandates Reform Act (Pub. 

L. 104–4). We have also found under 

section 203 of the Act that small 

governments will not be significantly 

and uniquely affected by this 

rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger Zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons stated in the 

preamble, the Corps proposes to amend 

33 CFR Part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

2. Revise § 334.1215 to read as 

follows: 

§ 334.1215 Port Gardner, Naval Station 

Everett, Naval Restricted Area, Everett, 

Washington. 

(a) The area. The waters of Port 

Gardner and East Waterway 

surrounding Naval Station Everett 

beginning at a point near the northwest 

corner of Naval Station Everett at 

latitude 47°59′40′′ N, longitude 

122°13′23.5′′ W (Point 1) and thence to 

latitude 47°59′40′′ N, longitude 

122°13′30′′ W (Point 2); thence to 

latitude 47°59′20′′ N, longitude 

122°13′33′′ W (Point 3); thence to 

latitude 47°59′13′′ N, longitude 

122°13′38′′ W (Point 4); thence to 

latitude 47°59′05.5′′ N, longitude 

122°13′48.5′′ W (Point 5); thence to 

latitude 47°58′46′′ N, longitude 

122°14′11′′ W (Point 6); thence to 

latitude 47°58′39.5′′ N, longitude 

122°13′59′′ W (Point 7); thence to 

latitude 47°58′39′′ N, longitude 

122°13′42′′ W (Point 8); thence to 

latitude 47°58′57′′ N, longitude 

122°13′25′′ W (Point 9); thence to 

latitude 47°59′20′′ N, longitude 

122°13′08′′ W (Point 10); thence to 

latitude 47°59′20′′ N, longitude 

122°13′02.5′′ W (Point 11), a point upon 

the Naval Station’s shore in the 

northeast corner of East Waterway. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
12720 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Proposed Rules 

(b) The regulation. (1) All persons and 

vessels are prohibited from entering the 

waters in the restricted area for any 

reason without prior written permission 

from the Commanding Officer, Naval 

Station Everett. 

(2) Mooring, anchoring, fishing and/or 

recreational boating are prohibited in 

the restricted area without prior written 

permission from the Commanding 

Officer, Naval Station Everett. 

(c) Enforcement. The regulation in 

this section shall be enforced by the 

Commanding Officer, Naval Station 

Everett and such agencies and persons 

as he/she shall designate. 

Dated: March 10, 2010. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–5740 Filed 3–16–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 389 

[Docket No. FMCSA–2009–0354] 

RIN 2126–AB23 

Direct Final Rulemaking Procedures 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: FMCSA proposes to amend its 

regulations by establishing direct final 

rulemaking procedures for use on 

noncontroversial rules. Under these 

procedures, FMCSA would make 

regulatory changes that would become 

effective a specified number of days 

after the date of publication in the 

Federal Register, unless FMCSA 

receives written adverse comment(s) or 

written notice of intent to submit 

adverse comment(s), received by the 

date specified in the direct final rule. 

These new procedures would expedite 

the promulgation of routine or 

noncontroversial rules by reducing the 

time and resources necessary to 

develop, review, clear, and publish 

separate proposed and final rules. 

FMCSA would not use the direct final 

rule procedures for complex or 

controversial issues. 

DATES: You must submit comments on 

or before April 16, 2010. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Number in the 

heading of this document by any of the 

following methods. Do not submit the 

same comments by more than one 

method. However, to allow effective 

public participation before the comment 

period deadline, the Agency encourages 

use of the Web site that is listed first. 

It will provide the most efficient and 

timely method of receiving and 

processing your comments. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand Delivery: Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number for this regulatory action. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. Refer to 

the Privacy Act heading on http:// 

www.regulations.gov for further 

information. 

Public Participation: The 

regulations.gov system is generally 

available 24 hours each day, 365 days 

each year. You can find electronic 

submission and retrieval help and 

guidelines under the ‘‘help’’ section of 

the Web site. For notification that 

FMCSA received the comments, please 

include a self-addressed, stamped 

envelope or postcard, or print the 

acknowledgement page that appears 

after submitting comments on line. 

Copies or abstracts of all documents 

referenced in this notice are in the 

docket: FMCSA–2009–0354. For access 

to the docket to read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., e.t., Monday through 

Friday, except Federal holidays. All 

comments received before the close of 

business on the comment closing date 

indicated above will be considered and 

will be available for examination in the 

docket at the above address. Comments 

received after the comment closing date 

will be filed in the docket and will be 

considered to the extent practicable. In 

addition to late comments, FMCSA will 

also continue to file relevant 

information in the docket as it becomes 

available after the comment period 

closing date, and interested persons 

should continue to examine the docket 

for new material. 

FOR FURTHER INFORMATION CONTACT: 

Please contact Mr. Bivan R. Patnaik, 

Chief, Regulatory Development 

Division, Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–8092. 

SUPPLEMENTARY INFORMATION: 

Background 

The Administrative Procedure Act 

(APA) (5 U.S.C. 553) specifically 

provides that notice and comment 

rulemaking procedures are not required 

where the Agency determines that there 

is good cause to dispense with them. 

Generally, good cause exists where the 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest. 5 U.S.C. 553(b)(B). FMCSA 

proposes to use direct final rulemaking 

to streamline the rulemaking process 

where the rule is noncontroversial and 

the Agency does not expect adverse 

comment. 

Direct final rulemaking would be 

more efficient in using FMCSA 

resources by reducing the time and 

resources necessary to develop, review, 

clear, and publish separate proposed 

and final rules for rules the Agency 

expects to be noncontroversial and 

unlikely to result in adverse public 

comment. A number of Federal agencies 

use this process, including various 

Department of Transportation operating 

administrations. For example, on 

January 30, 2004, the Office of the 

Secretary of Transportation (OST) 

published a final rule adopting direct 

final rule procedures (69 FR 4455) and 

the Federal Railroad Administration 

published a final rule adopting direct 

final rule procedures on March 7, 2007 

(72 FR 10086). 

Direct Final Rule Procedures 

FMCSA would determine whether a 

particular rulemaking is 

noncontroversial and unlikely to result 

in adverse comments based on its 

experience with similar rules that it 

previously proposed and published 

without receiving adverse comments. 

Adverse comments are those comments 

that are critical of the rule, suggest that 

the rule should not be adopted, or 

suggest a change to the rule. Comments 

outside the scope of the rule and 

comments suggesting that the rule’s 

policy or requirements should or should 

not be extended to other Agency 

programs outside the scope of the rule 

would not be considered adverse. 

After making the determination that a 

rule would be appropriate for direct 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1