Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Rules and Regulations 16431 

rulemaking. See OSHA–2020–0004– 

1034, Attachment 1. OSHA has agreed 

to do so. 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 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) presides over each OSHA 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 may be 

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 within the 

available time frame. 

The available time frame for this 

rulemaking is short as the agency hopes 

to complete the rulemaking as quickly 

as possible. OSHA remains aware of the 

dangers to healthcare workers exposed 

to COVID–19, as well as the potential 

for new variants and the surges of 

patients with COVID–19 that could 

follow in healthcare. Pursuant to 29 CFR 

1911.4, the Assistant Secretary may, on 

reasonable notice, issue additional or 

alternative procedures to expedite the 

proceedings. 

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 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). 

At the close of the hearing, there will 

be a post-hearing comment period 

during which stakeholders may submit 

final briefs, arguments, summations, 

and additional data and information to 

OSHA. 

III. 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 at the hearing, 

interested persons must electronically 

submit their NOITA on or before April 

6, 2022. 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 ETS (e.g., ‘‘I 

generally support/oppose the whole 

standard,’’ ‘‘the requirement for 

[specific provision] should be 

removed,’’ ‘‘the scope of the rule should 

be changed to include/exclude . . .’’). 

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/ 

coronavirus/healthcare/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. 

IV. 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 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 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); Secretary of Labor’s Order No. 

8–2020 (85 FR 58393 (Sept. 18, 2020)); 

29 CFR part 1911; and 5 U.S.C. 553. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2022–06080 Filed 3–22–22; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0180] 

Safety Zone; March Madness 

Fireworks Display, New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a temporary safety zone for a fireworks 

display located on the navigable waters 

of the Lower Mississippi River between 

Mile Marker (MM) 94.5 to 95.5. This 

action is needed to provide for the 

safety of life on these navigable 

waterways during the event. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the 

Captain of the Port or designated 

representative. 

DATES: The regulations in 33 CFR 

165.845 will be enforced from 9:30 p.m. 

to 11 p.m. on April 3, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Commander William 

Stewart, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2246, email 

William.A.Stewart@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce safety zone located 


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16432 Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Rules and Regulations 

in 33 CFR 165.845 for the March 

Madness Fireworks Display event. The 

regulations will be enforced from 9:30 

p.m. through 11 p.m. on April 3, 2022. 

This action is being taken to provide for 

the safety of life on navigable waterways 

during this event, which will be located 

between MM 94.5 to 95.5 above Head of 

Passes, Lower Mississippi River, LA. 

During the enforcement periods, if you 

are the operator of a vessel in the 

regulated area you must comply with 

directions from the Captain of the Port 

or designated representative. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via Marine Safety Information Bulletins 

(MSIBs), Local Notice to Mariners 

(LNMs), and/or Broadcast Notice to 

Mariners (BNMs). 

Dated: March 17, 2022. 

W.E. Watson, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector New Orleans. 

[FR Doc. 2022–06054 Filed 3–22–22; 8:45 am] 

BILLING CODE 9110–04–P 


jspears on DSK121TN23PROD with RULES1