9404 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules

proposed standard will be provided at

an informal public hearing to be held in

Washington, DC. on April 29, 1997, and

extending through May 1, 1997,

depending on the number of persons

intending to participate in the hearing.

The hearing will commence at 9:30

a.m. on April 29, 1997, in C5521,

Seminar Room #4, of the Frances

Perkins Building, U.S. Department of

Labor, 200 Constitution Avenue NW.,

Washington, DC. 20210.

All persons desiring to participate in

the hearing must file in quadruplicate a

notice of intention to appear,

postmarked on or before April 1, 1997.

The notice of intention to appear, which

will be available for inspection and

copying at the OSHA Docket Office

(Room N2625), telephone (202) 219–

7894, must contain the following

information:

1. The name, address, and telephone

number of each person to appear;

2. The capacity in which the person

will appear;

3. The approximate amount of time

required for the presentation;

4. The issues that will be addressed;

5. A brief statement of the position

that will be taken with respect to each

issue; and,

6. Whether the party intends to

submit documentary evidence and, if so,

a brief summary of it.

The notice of intention to appear shall

be mailed to: Docket Office, Docket S–

052, U.S. Department of Labor, 200

Constitution Avenue NW., Washington,

DC. 20210; telephone (202) 219–7894.

A notice of intention to appear also

may be transmitted by facsimile to (202)

219–5046 (Attention: Docket S–052), by

the same date, provided the original and

3 copies are sent to the same address

and postmarked no more than 3 days

later.

Filing of Testimony and Evidence

Before the Hearing

Any party requesting more than 10

minutes for a presentation at the

hearing, or who will submit

documentary evidence, must provide in

quadruplicate, the complete text of the

testimony, including any documentary

evidence to be presented at the hearing.

One copy shall not be stapled or bound

and be suitable for copying. These

materials must be provided to the

Docket Office at the address above and

be postmarked no later than April 14,

1997.

Each such submission will be

reviewed in light of the amount of time

requested in the notice of intention to

appear. In those instances when the

information contained in the

submission does not justify the amount

of time requested, a more appropriate

amount of time will be allocated and the

participant will be notified of that fact

prior to the informal public hearing.

Any party who has not substantially

complied with this requirement may be

limited to a 10 minute presentation, and

may be requested to return for

questioning at a later time.

Any party who has not filed a notice

of intention to appear may be allowed

to testify for no more than 10 minutes

as time permits, at the discretion of the

Administrative Law Judge, but will not

be allowed to question witnesses.

Notice of intention to appear,

testimony, and evidence will be

available for copying at the Docket

Office at the address above.

Conduct and Nature of the Hearing

The hearing will commence at 9:30

a.m. on April 29, 1997. At that time, any

procedural matters pertaining to the

proceeding will be resolved.

The nature of an informal rulemaking

hearing is established in the legislative

history of section 6 of the Occupational

Safety and Health Act and is reflected

by OSHA’s rules of procedure for

hearings (29 CFR 1911.15(a)). Although

the presiding officer is an

Administrative Law Judge, and limited

questioning by persons who have filed

notices of intention to appear is allowed

on crucial issues, the proceeding is

informal and legislative in type. The

Agency’s intent, in essence, is to

provide interested persons with an

opportunity to make effective oral

presentations that can proceed

expeditiously in the absence of

procedural restraints that impede or

protract the rulemaking process.

Additionally, since the hearing is

primarily for information gathering and

clarification, it is an informal

administrative proceeding rather than

one of an adjudicative nature.

The technical rules of evidence, for

example, do not apply. The regulations

that govern hearings and the pre-hearing

guidelines to be issued for this hearing

will ensure fairness and due process

and also facilitate the development of a

clear, accurate, and complete record.

Those rules and guidelines will be

interpreted in a manner that furthers

that development. Thus, questions of

relevance, procedure, and participation

generally will be decided so as to favor

development of the record.

The hearing will be conducted in

accordance with 29 CFR Part 1911. It

should be noted that § 1911.4 specifies

that the Assistant Secretary may, upon

reasonable notice, issue alternative

procedures to expedite proceedings or

for other good cause.

The hearing will be presided over by

an Administrative Law Judge who

makes no decision or recommendation

on the merits of OSHA’s proposal. The

responsibility of the Administrative Law

Judge is to ensure that the hearing

proceeds at a reasonable pace and in an

orderly manner. The Administrative

Law Judge, therefore, will have all of the

powers necessary and appropriate to

conduct a full and fair informal hearing

as provided in 29 CFR 1911, including

the powers:

1. To regulate the course of the

proceedings;

2. To dispose of procedural requests,

objections, and comparable matters;

3. To confine the presentations to the

matters pertinent to the issues raised;

4. To regulate the conduct of those

present at the hearing by appropriate

means;

5. At the Judge’s discretion, to

question and permit the questioning of

any witness and to limit the time for

questioning; and,

6. At the Judge’s discretion, to keep

the record open for a reasonable, stated

time (known as the post-hearing

comment period) to receive written

information and additional data, views,

and arguments from any person who has

participated in the oral proceedings.

OSHA recognizes that there may be

interested persons who, through their

knowledge of safety or their experience

in the subject matter of this proceeding,

would wish to endorse or support

certain provisions in the proposed

standard. OSHA welcomes such

supportive comments in order that the

record of this rulemaking will present a

balanced picture of the public response

on the issues involved.

Signed at Washington, DC. this 26th day of

February 1997.

Gregory R. Watchman,

Acting Assistant Secretary of Labor.

[FR Doc. 97–5176 Filed 2–28–97; 8:45 am]

BILLING CODE 4510–26–P

Mine Safety and Health Administration

30 CFR Parts 56, 57, 62, 70, and 71

RIN 1219–AA53

Health Standards for Occupational

Noise Exposure

AGENCY: Mine Safety and Health

Administration, (MSHA) Labor.

ACTION: Proposed rule; change of dates

for hearings.

SUMMARY: Due to a scheduling conflict,

MSHA is changing the dates of two of

the public hearings announced in the
Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules 9405

Federal Register on February 6, 1997

(62 FR 5554).

DATES: The public hearings are

scheduled to be held at the following

locations on the dates indicated:

May 6, 1997—Beaver, West Virginia

(Beckley)

May 8, 1997—St. Louis, Missouri

May 13, 1997—Denver, Colorado

May 15, 1997—Las Vegas, Nevada

May 28, 1997—Atlanta, Georgia

May 30, 1997—Washington, DC

Each hearing will last from 9:00 a.m.

to 5:00 p.m., but will continue into the

evening if necessary.

The record will remain open after the

hearings until June 20, 1997.

ADDRESSES: The hearings will be held at

the following locations:

May 6, 1997, National Mine Health &

Safety Academy, Auditorium, 1301

Airport Road, Beaver, West Virginia

(Beckley) 25813.

May 8, 1997, Harley Hotel, North

Ballroom, 3400 Rider Trail South, St.

Louis, Missouri 63134.

May 13, 1997, Four Points Sheraton

Hotel, Mount Evans Room, 3535

Quebec Street, Denver, Colorado

80207.

May 15, 1997, Bourbon Street Hotel, 120

E. Flamingo Road, Las Vegas, Nevada

89109.

May 28, 1997, Holiday Inn Airport, 5010

Old National Highway, Atlanta,

Georgia 30349.

May 30, 1997, Department of Labor,

Frances Perkins Building,

Auditorium, 200 Constitution

Avenue, NW., Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of

Standards, Regulations, and Variances,

MSHA, phone 703–235–1910.

SUPPLEMENTARY INFORMATION: On

December 17, 1996, MSHA published in

the Federal Register (61 FR 66348) a

proposed rule to revise the Agency’s

existing health standards for

occupational noise. On February 6,

1997, MSHA published in the Federal

Register (62 FR 5554) a notice extending

the comment period to April 21, 1997.

In that same notice, the Agency

announced public hearings and stated

that the rulemaking record will close on

June 16, 1997.

Due to a scheduling conflict, MSHA is

changing the dates of the Atlanta,

Georgia and Washington, DC hearings.

The Agency has learned that the

American Industrial Hygiene

Association (AIHA) and the American

Conference of Governmental Industrial

Hygienists (ACGIH) will be holding

their joint annual ‘‘Conference and

Exposition’’ the week of May 17–23,

1997. MSHA believes that many

members of the AIHA and ACGIH will

be interested in attending the Agency’s

hearings on occupational noise

exposure, including several members of

the Agency’s staff working on the noise

proposal. Therefore, the Agency has

changed the hearing for Atlanta, Georgia

to May 28, 1997, and the hearing for

Washington, DC to May 30, 1997. To

allow for the submission of posthearing

comments, the record would remain

open until June 20, 1997.

Dated: February 24, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 97–5073 Filed 2–28–97; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–005]

RIN 2115–AE46

Special Local Regulations; Charleston

to Bermuda Sailboat Race, Charleston,

SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish temporary special local

regulations for the Charleston to

Bermuda Sailboat Race. The race would

start on May 11, 1997, between the

hours of 11 a.m. and 3 p.m. Eastern

Daylight Time (EDT) near Waterfront

Park on the Charleston Peninsula, and

would transit out to sea by the South,

Mount Pleasant, and Fort Sumter

Ranges in Charleston Harbor. The nature

of the event and the closure of portions

of Charleston Harbor creates an extra or

unusual hazard on the navigable waters

of Charleston Harbor, Charleston, SC.

These regulations are necessary for the

safety of life on the navigable waters

during the event.

DATES: Comments must be received on

or before April 2, 1997.

ADDRESSES: Comments may be mailed to

Commander, U.S. Coast Guard Group

Charleston, 196 Tradd Street,

Charleston, SC 29401, or may be

delivered to the Operations Office at the

same address between 7:30 a.m. and

3:30 p.m. Monday through Friday,

except federal holidays. The telephone

number is (803) 724–7621.

FOR FURTHER INFORMATION CONTACT: ENS

M.J. DaPonte, Project Manager, Coast

Guard Group Charleston, SC at (803)

724–7621.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their name

and address, identify this rulemaking

(CGD07–97–005) and the specific

section of this proposal to which each

comment applies, and give a reason for

each comment. Persons desiring

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

the view of the comments. The Coast

Guard plans no public hearing. Persons

may request a public hearing by writing

to the Project Manager at the address

under ADDRESSES. If it is determined

that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at the time and place

announced by a later notice in the

Federal Register.

Background and Purpose

The proposed regulations are needed

to provide for the safety of life during

the start of the Charleston to Bermuda

Sailboat Race. These proposed

regulations are intended to promote safe

navigation in Charleston Harbor

immediately before, during, and

immediately after the start of the race by

controlling the traffic entering, exiting,

and traveling within the regulated area.

The anticipated concentration of

commercial traffic, spectator vessels,

and participating vessels associated

with the race poses a safety concern

which is addressed in these proposed

special local regulations.

The proposed regulations would not

permit the entry or movement of

spectator vessels and other nonparticipating vessel traffic between the

starting area at the southern end of

Commercial Anchorage Area D (33 CFR

110.173), and the entrance to the

Charleston Harbor jetties on Saturday,

May 11, 1997, from 10 a.m. to 3 p.m.

EDT. These proposed regulations would

permit the movement of spectator

vessels and other non-participants

within the regulated area before the start

of the race, and after the last participant

clears the Charleston Harbor jetties at

the discretion of the Coast Guard Patrol

Commander.