Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Proposed Rules 94631 

Assessment of The Toy Association 

Request’’. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–28042 Filed 11–27–24; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF LABOR 

[Docket No. OSHA–2021–0009] 

Occupational Safety and Health 

Administration 

29 CFR Part 1910, 1915, 1917, 1918, 

1926, and 1928 

RIN 1218–AD39 

Heat Injury and Illness Prevention in 

Outdoor and Indoor Work Settings 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of proposed rulemaking 

(NPRM); extension of comment period; 

notice of informal hearing. 

SUMMARY: OSHA is extending the period 

for submitting comments by 15 days 

until January 14, 2025, to allow 

stakeholders interested in the NPRM on 

Heat Injury and Illness Prevention in 

Outdoor and Indoor Work Settings 

additional time to review the NPRM and 

collect information and data necessary 

for comment. In addition, OSHA is 

scheduling an informal public hearing 

on this proposed rule. The public 

hearing will begin June 16, 2025. The 

proposed rule was published in the 

Federal Register on August 30, 2024. 

DATES: The comment period for the 

NPRM that was published at 89 FR 

70698 on August 30, 2024, is extended. 

Comments on any aspect of the NPRM 

must be submitted by January 14, 2025. 

Informal public hearing: The hearing 

will be held virtually and will begin 

June 16, 2025, at 9:30 a.m. If necessary, 

the hearing will continue on subsequent 

weekdays. Additional information on 

how to access the informal hearing will 

be posted at https://www.osha.gov/heatexposure/rulemaking. To testify or 

question other witnesses at the hearing, 

interested persons must electronically 

submit their Notice of Intention to 

Appear (NOITA) on or before May 2, 

2025. In addition, those who request 

more than 10 minutes for their 

presentation at the informal hearing and 

those who intend to submit 

documentary evidence at the hearing 

must submit the full text of their 

testimony, as well as a copy of any 

documentary evidence, no later than 

May 23, 2025. 

ADDRESSES: 

Submission of comments: You may 

submit comments and attachments, 

identified by Docket No. OSHA–2021– 

0009, electronically at 

www.regulations.gov, which is the 

Federal e-Rulemaking Portal. Follow the 

online instructions for making 

electronic submissions. The Federal eRulemaking Portal at 

www.regulations.gov is the only way to 

submit comments on this NPRM. 

Notice of Intention to Appear 

(NOITA): A NOITA must be submitted 

electronically at www.osha.gov/heatexposure/rulemaking. Follow the 

instructions online for making 

electronic submissions. Those who file 

NOITAs must also submit electronic 

copies of all documents that they intend 

to use or reference during their 

testimony. Information about how and 

when to submit these materials will be 

provided at the time of registration. 

Instructions: All submissions must 

include the agency’s name and the 

docket number for this rulemaking 

(Docket No. OSHA–2021–0009). All 

comments, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available online at 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

information they do not want made 

available to the public or submitting 

materials that contain personal 

information (either about themselves or 

others), such as Social Security 

Numbers and birthdates. 

Docket: To read or download 

comments or other material in the 

docket, go to Docket No. OSHA–2021– 

0009 at www.regulations.gov. All 

comments and submissions are listed in 

the www.regulations.gov index; 

however, some information (e.g., 

copyrighted material) is not publicly 

available to read or download through 

that website. All comments and 

submissions, including copyrighted 

material, are available for inspection 

through the OSHA Docket Office. 

Documents submitted to the docket by 

OSHA or stakeholders are assigned 

document identification numbers 

(Document ID) for easy identification 

and retrieval. The full Document ID is 

the docket number plus a unique four or 

five-digit code. OSHA is identifying 

supporting information in this NPRM by 

author name and publication year, when 

appropriate. This information can be 

used to search for a supporting 

document in the docket at 

www.regulations.gov. Contact the OSHA 

Docket Office at 202–693–2350 (TTY 

number: 877–889–5627) for assistance 

in locating docket submissions. 

FOR FURTHER INFORMATION CONTACT:

For press inquiries, ASL 

interpretation, and language translation 

service requests: Contact Mr. Frank 

Meilinger, Director, Office of 

Communications, Occupational Safety 

and Health Administration, U.S. 

Department of Labor; telephone: (202) 

693–1999; email: meilinger.francis2@

dol.gov. 

For general information, technical, 

and hearing inquiries: Contact James 

Frederick, Deputy Assistant Secretary of 

Labor for Occupational Safety and 

Health, Occupational Safety and Health 

Administration, U.S. Department of 

Labor; telephone: (202) 693–1950; 

email: osha.dsg@dol.gov. 

SUPPLEMENTARY INFORMATION:

On August 30, 2024, OSHA published 

in the Federal Register a Notice of 

Proposed Rulemaking (NPRM) for Heat 

Injury and Illness Prevention in Outdoor 

and Indoor Work Settings. The proposed 

standard would apply to all employers 

conducting outdoor and indoor work in 

all general industry, construction, 

maritime, and agriculture sectors where 

OSHA has jurisdiction. The standard 

would require employers to create a 

plan to evaluate and control heat 

hazards in their workplace. It would 

clarify employer obligations and the 

steps necessary to effectively protect 

employees from hazardous heat. 

The public comment period for the 

NPRM was to close on December 30, 

2024, 120 days after publication of the 

NPRM. However, OSHA received 

requests from stakeholders to extend the 

public comment period (see, e.g., 

Document ID 18667, 18380, 18373, 

18664). Stakeholders requested 

additional time to carefully review the 

questions in the NPRM, gather data, and 

prepare their submissions. Several 

noted that the current deadline falls 

during the holiday season, when 

personal schedules may make finalizing 

comments difficult. 

OSHA agrees to an extension of the 

public comment period and believes a 

15-day extension is sufficient and 

appropriate to balance the agency’s need 

for stakeholder input with the agency’s 

desire to proceed with the rulemaking 

in a timely manner. The comment 

period extension will also avoid the 

comment deadline falling during the 

holiday season. Therefore, OSHA is 

extending the public comment period 

until January 14, 2025. 

Additionally, several commenters 

(see, e.g., Document ID 18377, 18373, 

18345) requested that OSHA hold a 

public hearing. OSHA agrees to hold a 

fully virtual public hearing, which will 

begin June 16, 2025, and continue on 


khammond on DSK9W7S144PROD with PROPOSALS
94632 Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Proposed Rules 

subsequent weekdays, if necessary. 

Witnesses are welcome to testify about 

any topics, issues, or concerns they have 

with the proposed rule. 

I. 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 to provide the agency 

with the best available evidence to use 

in developing a final rule. The public 

hearing will be fully virtual to provide 

the opportunity for more stakeholders 

from across the country to participate in 

and/or observe the hearing without the 

financial and logistical burden of 

traveling to Washington, DC to attend in 

person. 

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. 

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). 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. 

At the close of the hearing, there will 

be a post-hearing comment period 

during which those persons who 

submitted a NOITA may submit final 

briefs, arguments, summations, and 

additional data and information to 

OSHA. 

II. Notice of Intention To Appear at the 

Hearing 

Interested persons who intend to 

provide oral testimony or documentary 

evidence at the hearing must file a 

written NOITA prior to the hearing and 

in accordance with the instructions in 

the ADDRESSES section earlier in this 

document. To testify or question other 

witnesses at the hearing, interested 

persons must electronically submit their 

NOITA on or before May 2, 2025. The 

NOITA must provide the following 

information: 

(1) Name, address, email address, and 

telephone number of each individual 

who will give oral testimony; 

(2) Name of the establishment or 

organization each individual represents, 

if any; 

(3) Occupational title and position of 

each individual testifying; and 

(4) A brief statement of the position 

each individual will take with respect to 

the issues raised by the proposed rule. 

The agency will consider the 

information in each submission when 

setting the hearing schedule. Before the 

hearing, OSHA will make the hearing 

procedures and hearing schedule 

available at https://www.osha.gov/heatexposure/rulemaking and in the docket. 

OSHA emphasizes that the hearing is 

open to the public; however, only 

individuals who file a NOITA may 

testify at the hearing. 

Witnesses will be asked to specify the 

approximate amount of time requested 

for each individual or group’s testimony 

(5, 10, 15, or 20 minutes). Individuals or 

groups 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 the full text of their 

testimony and all documentary 

evidence no later than May 23, 2025. 

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 5 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. 

III. Certification of the Hearing Record 

and Agency Final Determination 

Following the close of the hearing and 

the post-hearing comment period, the 

ALJ will certify the record to the 

Assistant Secretary of Labor for 

Occupational Safety and Health. The 

record will consist of all 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 Douglas L. Parker, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW, Washington, DC 20210. It 

is issued under the authority of sections 

4, 6, and 8 of the Occupational Safety 

and Health Act of 1970 (29 U.S.C. 653, 

655, 657); 5 U.S.C. 553; Secretary of 

Labor’s Order No. 8–2020 (85 FR 

58393); and 29 CFR part 1911. 

Signed at Washington, DC, on November 

20, 2024. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2024–27897 Filed 11–27–24; 8:45 am] 

BILLING CODE 4510–26–P 


khammond on DSK9W7S144PROD with PROPOSALS