23780 Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Proposed Rules 

that is not permissible under 

§ 2635.1006, the contribution must be

returned to the donor as soon as

practicable but no later than the next

reporting due date as described in

paragraph (c) of this section.

(2) Late filing of required documents

and reports. If a report is filed after the 

due date, the employee beneficiary 

forfeits the ability to accept 

contributions or distributions through 

the trust until the report is filed. 

Example 1 to paragraph (h)(2): A 

Department of Labor employee 

establishes a legal expense fund in 

accordance with this subpart. Because 

the employee filed the trust document 

on February 15, the first quarterly report 

is due on April 30. However, the 

employee did not submit the first 

quarterly report until May 15. The 

employee is prohibited from accepting 

contributions or distributions through 

the trust from May 1 until May 15. Once 

the employee files the quarterly report, 

the employee may resume accepting 

contributions and distributions. 

(3) Continuing or other significant

noncompliance. In addition to the 

remedies in paragraphs (h)(1) and (2) of 

this section, the Office of Government 

Ethics has the authority to determine 

that an employee beneficiary may not 

accept contributions and distributions 

through the trust if there is continuing 

or other significant noncompliance with 

this subpart. 

§ 2635.1008 Termination of a legal

expense fund.

(a) Cause. A legal expense fund may

only be terminated for the following 

reasons: 

(1) The purpose of the trust is fulfilled

or no longer exists; or 

(2) At the direction of the employee

beneficiary. 

(b) Excess funds. Within 90 calendar

days of termination of the legal expense 

fund, the trustee must distribute any 

excess funds to an organization or 

organizations described in section 

501(c)(3) of the Internal Revenue Code 

and exempt from taxation under section 

501(a) of the Internal Revenue Code. 

Funds from the legal expense fund may 

not be donated to an organization that 

was established by the employee 

beneficiary, an organization in which 

the employee beneficiary, their spouse, 

or their child is an officer, director, or 

employee, or an organization with 

which the employee has a covered 

relationship within the meaning of 

§ 2635.502(b)(1). The trustee has sole

discretion to select the 501(c)(3)

organization.

(c) Trust termination report. After the

trust is terminated, the employee 

beneficiary must file a trust termination 

report that contains the information 

required by § 2635.1007(d) for the 

period of the last quarter report through 

the trust termination date. The report 

also must indicate the organization to 

which the excess funds were donated. 

The report is due 30 calendar days 

following the termination date of the 

trust. 

(d) Exception for anonymous

whistleblowers. An employee 

beneficiary who is an anonymous 

whistleblower may choose to file the 

trust termination report anonymously 

through the employee beneficiary’s 

trustee or representative with the Office 

of Government Ethics. 

§ 2635.1009 Pro bono legal services.

(a) Acceptance of permissible pro

bono legal services. An employee may 

solicit or accept the provision of pro 

bono legal services for legal matters 

arising in connection with the 

employee’s past or current official 

position, the employee’s prior position 

on a campaign, or the employee’s prior 

position on a Presidential Transition 

Team from: 

(1) Any individual who is not:

(i) An agent of a foreign government

as defined in 5 U.S.C. 7342(a)(2); 

(ii) A lobbyist as defined by 2 U.S.C.

1602(10) who is currently registered 

pursuant to 2 U.S.C. 1603(a); or 

(2) A person who does not have

interests that may be substantially 

affected by the performance or 

nonperformance of an employee’s 

official duties. 

Note 1 to paragraph (a): Pursuant to 

§ 2634.907(g) of this chapter, an

employee beneficiary who is a public or

confidential filer under part 2634 of this

chapter must report gifts of pro bono

legal services on the employee’s

financial disclosure report, subject to

applicable thresholds and exclusions.

(b) Role of agency ethics official. An

employee must confer with an agency 

ethics official to seek a determination as 

to whether the legal services are from a 

prohibited pro bono legal services 

provider before accepting the pro bono 

legal services. 

Example 1 to paragraph (b): A 

Department of Justice employee is an 

eyewitness in an Inspector General 

investigation and is called to testify 

before Congress. A local law firm offers 

to represent the employee at no cost. 

The employee consults with an agency 

ethics official, who determines that the 

attorney who would represent the 

employee is neither an agent of a foreign 

government nor a lobbyist. However, the 

law firm is representing a party in a case 

to which the employee is assigned. The 

ethics official determines that the law 

firm is a person who has interests that 

may be substantially affected by the 

performance or nonperformance of the 

employee’s official duties. Accordingly, 

the employee may not accept the offer 

of pro bono legal services from the law 

firm. 

Example 2 to paragraph (b): A 

Securities and Exchange Commission 

employee is sexually harassed by a 

supervisor and files a complaint. A 

nonprofit legal aid organization focusing 

on sexual harassment cases offers pro 

bono legal services to the employee at 

no cost. The employee consults with an 

agency ethics official, who determines 

that the attorney who would represent 

the employee is neither an agent of a 

foreign government nor a lobbyist, and 

neither the attorney nor the nonprofit 

legal aid organization has interests that 

may be substantially affected by the 

performance or nonperformance of the 

employee’s official duties. Accordingly, 

the employee may accept the offer of 

pro bono legal services from the 

nonprofit legal aid organization. 

Example 3 to paragraph (b): A 

Department of State employee is asked 

to testify in a legal proceeding relating 

to a prior position at the Department of 

Justice. An attorney at a large national 

law firm offers pro bono services to the 

employee. The employee confers with 

an agency ethics official who 

determines that although the attorney 

offering representation is neither an 

agent of a foreign government nor a 

lobbyist, the law firm is currently 

registered pursuant to 2 U.S.C. 1603(a) 

and has business before other parts of 

the Department of State. However, 

neither the attorney nor the law firm has 

interests that may be substantially 

affected by the performance or 

nonperformance of the employee’s 

official duties. Accordingly, the 

employee may accept the offer of pro 

bono legal services. 

[FR Doc. 2022–08130 Filed 4–20–22; 8:45 am] 

BILLING CODE 6345–03–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0036] 

RIN 2127–AM45 

Uniform Procedures for State Highway 

Safety Grant Programs 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 


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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Proposed Rules 23781 

ACTION: Notification of public meetings; 

request for comments (RFC). 

SUMMARY: NHTSA is initiating a 

rulemaking process to implement 

changes to the Highway Safety Grant 

Program (the annual formula grants to 

States) in accordance with the 

Infrastructure Investment and Jobs Act. 

In order to ensure that the broadest 

possible cross-section of stakeholders is 

engaged from the onset of the process, 

NHTSA is publishing this RFC and 

announcing three public meetings to be 

held prior to issuing the Notice of 

Proposed Rulemaking (NPRM). 

DATES: NHTSA will hold public 

meetings on May 2, May 4, and May 5, 

2022, from 11:00 a.m. to 4:30 p.m., 

Eastern Daylight Time (EDT) each day. 

The meetings will be held virtually and 

provide an avenue for submission of 

comments. For planning purposes, 

NHTSA will allot time within each 

meeting for the topical areas outlined in 

this RFC, and to accommodate other 

issues a presenter may wish to raise. 

Upon registration, participants will 

identify whether they choose to provide 

verbal comments at the meeting and 

which topical areas they wish to 

address. Based on the results of that 

registration process, NHTSA will 

schedule time for each presenter, 

ensuring to the maximum extent 

practicable that all interested applicants 

have an opportunity for an oral 

presentation. However, the schedule 

will be on a first come first served basis. 

The public will also have the 

opportunity to submit written 

comments to the Docket concerning 

matters addressed in this notification. 

Written comments should be submitted 

no later than May 23, 2022. 

ADDRESSES: The public meetings will be 

held virtually via Zoom for Government. 

The meetings’ online links and a 

detailed agenda will be provided upon 

registration. You may send written 

comments, identified by the docket 

number listed at the beginning of this 

document or by the Regulatory 

Information Number (RIN), by any of the 

following methods: 

• Federal eRulemaking Portal: 

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

instructions for sending comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery/Courier: 1200 New 

Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

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

p.m. ET, Monday through Friday, except 

Federal Holidays. To be sure someone is 

there to help you, please call 202–366– 

9826 before coming. 

Instructions: All written submissions 

must include the agency name and 

docket number or RIN for this 

rulemaking. All comments received will 

be posted without change at https://

www.regulations.gov/ including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket go to 

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

or to 1200 New Jersey Avenue SE, West 

Building, Ground Floor, Room W12– 

140, Washington, DC 20590 between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal Holidays. 

Telephone: 202–366–9826. If going in 

person, please call ahead to be sure 

someone is there to help you. 

FOR FURTHER INFORMATION CONTACT: For 

more information, contact Amy Schick, 

Acting Director, Office of Grants 

Management and Operations, Regional 

Operations and Program Delivery, 

National Highway Traffic Safety 

Administration, Telephone number: 

(202) 366–2764. You may also contact 

NHTSA’s Grants Management and 

Operations Office at 

nhtsaropdprogramquestions@dot.gov. 

SUPPLEMENTARY INFORMATION:

Background: The ‘‘Highway Safety 

Grant Program,’’ as used in this 

notification, refers to the annual formula 

grants to States, the District of 

Columbia, and U.S. Territories to carry 

out highway safety programs within 

their jurisdictions. NHTSA implements 

the Highway Safety Grant Program, in 

part, through regulations published at 

23 CFR part 1300. The Infrastructure 

Investment and Jobs Act (Pub. L. 117– 

58) (hereinafter the Bipartisan 

Infrastructure Law) requires NHTSA to 

undertake a rulemaking to implement 

changes to the Highway Safety Grant 

Program consistent with statute. The 

statutory and regulatory changes will 

take effect for grants starting in Fiscal 

Year 2024. In order to ensure that the 

broadest possible cross-section of 

stakeholders is involved from the onset 

of the rulemaking process, NHTSA is 

publishing this RFC and will hold 

public meetings prior to issuing a 

NPRM. In addition, NHTSA seeks 

comments related to non-regulatory 

aspects of implementing the Bipartisan 

Infrastructure Law. All interested 

parties are invited to participate in this 

opportunity. 

Public Participation 

Registration: Registration is required 

for all attendees. There is no cost to 

register. Attendees should register 

online at the links below by April 28, 

2022. Please provide your name, 

affiliation, email address, and indicate 

whether you wish to speak during the 

public meeting. Register at: 

• May 2, 2022: https://

usdot.zoomgov.com/meeting/register/ 

vJItfuqhrz0pGqTf_q7HL9klOdBTQKR99s 

• May 4, 2022: https://

usdot.zoomgov.com/meeting/register/ 

vJIsc-ihrTgtEwg9GuV_

2WG4KOAmTrdmkiQ 

• May 5, 2022: https://

usdot.zoomgov.com/meeting/register/ 

vJItdemprDIjEy9evzPEJUQ0ht1zBeTLIA 

Each public meeting will be five 

hours long, with a 30-minute break at 

the halfway point of the meeting. 

Speaker registration will be on a firstcome, first-served basis. As described 

later in this notification, NHTSA is 

interested in hearing presentations 

concerning the following topics: The 

National Roadway Safety Strategy 

(NRSS); Reducing Disparities and 

Increasing Community Participation; 

Triennial Highway Safety Plans; Annual 

Grant Applications; and Performance 

Measures. Presenters may also convey 

their views on other matters related to 

the upcoming implementation of the 

highway safety grants under the 

Bipartisan Infrastructure Law. 

Through the registration link, 

speakers will be asked to select which 

of the specified topic(s) they want to 

address, as well as issues they may wish 

to raise. It is anticipated that each 

speaker will have five minutes to offer 

verbal comments per topic, but not to 

exceed 15 minutes total, in order to 

ensure that all interested presenters are 

given the opportunity to present their 

views during the day of the meeting. 

During this allotted time, speakers may 

ask clarifying questions of NHTSA and 

NHTSA may ask clarifying questions of 

speakers. When called upon to provide 

comments, speakers will be asked to 

turn on their camera and state their 

name and organizations/affiliation. 

NHTSA may adjust time allotments on 

a running basis during the meeting if the 

meeting is running ahead of schedule, to 

provide additional opportunities for 

discussion. 

NHTSA is committed to providing 

equal access to this meeting for all 

participants. Persons with disabilities in 

need of accommodation should contact 

NHTSA’s Grants Management Office at 

nhtsaropdprogramquestions@dot.gov or 


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1https://crashstats.nhtsa.dot.gov/Api/Public/ 

ViewPublication/813240. 

call (202) 366–2764 and ask for Amy 

Schick for help with your request by 

April 28, 2022. Closed captioning 

services will be available for this 

meeting through the Zoom platform. 

Should it become necessary to cancel 

or reschedule the meeting due to an 

unforeseen circumstance, NHTSA will 

take all available measures to notify 

registered participants as soon as 

possible. 

The public sessions will be recorded 

and transcribed. Both the recording and 

transcription will be made available 

after the event on the NHTSA website, 

listed under the title of the public 

meetings. 

Written Comments: Comments may be 

submitted electronically or in hard copy 

during the 30-day comment period. 

Please submit all comments no later 

than 30 days after the publication of this 

public notification, by any of the 

methods listed earlier in this document. 

Written comments should refer to the 

docket number above and be submitted 

by one of the following methods: 

• Federal Rulemaking Portal: https:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: 1200 New Jersey 

Avenue SE, West Building Ground 

Floor, Room W12–140, Washington, DC, 

between 9 a.m. and 5 p.m. ET, Monday 

through Friday, except Federal 

Holidays. To be sure someone is there 

to help you, please call 202–366–9826 

before coming. 

Instructions: All written comment 

submissions must include the agency 

name and docket number. All comments 

received will be posted without change 

to https://www.regulations.gov, 

including any personal information 

provided. Please see the Privacy Act 

discussion below. 

Docket: For access to the Docket, go 

to https://www.regulations.gov at any 

time or to 1200 New Jersey Avenue SE, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. Telephone: 202–366–9826. If 

going in person, please call ahead to be 

sure someone is there to help you. 

Privacy Act: Anyone can search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78), or 

visit https://www.regulations.gov/ 

privacy.html. 

Confidential Business Information: If 

you wish to submit any information 

under a claim of confidentiality, you 

should submit three copies of your 

complete submission, including the 

information you claim to be confidential 

business information to the Chief 

Counsel, NHTSA, at 1200 New Jersey 

Avenue SE, Washington, DC 20590. In 

addition, you should submit two copies, 

from which you have deleted the 

claimed confidential business 

information, to Docket Management at 

the address given above. When you send 

a comment containing information 

claimed to be confidential business 

information, you should submit a cover 

letter setting forth the information 

specified in our confidential business 

information regulation (49 CFR part 

512). To facilitate social distancing 

during COVID–19, NHTSA is 

temporarily accepting confidential 

business information electronically. 

Please see https://www.nhtsa.gov/ 

coronavirus/submission-confidentialbusiness-information for details. 

Specific Guiding Questions: NHTSA 

has identified the five broad subject 

areas below as specific areas on which 

it requests comment, but welcomes 

comments and presentations related to 

any aspect of implementing the highway 

safety program. 

National Roadway Safety Strategy 

In 2020, 38,824 people were killed in 

motor vehicle crashes. In the first nine 

months of 2021, an estimated 31,720 

people were killed in motor vehicle 

crashes, up an alarming 12% over 

2020.1 The fatality rate per 100 million 

vehicle miles traveled (VMT) increased 

by 21% from 1.11 in 2019 to 1.34 in 

2020, the largest percentage increase on 

record. The proportion of people killed 

who were not in passenger vehicles 

(motorcyclists, pedestrians, 

pedalcyclists, and other nonoccupants) 

increased from a low of 20% in 1996 to 

a high of 34% in 2020. 

U.S. DOT’s NRSS and the 

Department’s ongoing safety programs 

are working towards a future with zero 

roadway fatalities and serious injuries. 

The guiding paradigm of the NRSS is 

the Safe Systems Approach (SSA), 

which addresses roadway safety by 

building and reinforcing multiple layers 

of protection to prevent crashes and 

minimize the harm caused to those 

involved when collisions occur. It is a 

holistic and comprehensive approach 

because it focuses on human mistakes 

and human vulnerability. SSA calls for 

a system with many redundancies in 

place to protect everyone. 

With regards to the highway safety 

grant program regulations: 

1. How can NHTSA, States, and their 

partners successfully implement NRSS and 

the SSA within the formula grant program to 

support the requirements in Bipartisan 

Infrastructure Law, enacted as the 

Infrastructure Investment and Jobs Act (Pub. 

L. 117–58)? 

2. What non-traditional partners and safety 

stakeholders can the States work with to 

implement NRSS and SSA? 

Reducing Disparities and Increasing 

Community Participation 

Traffic crashes are a leading cause of 

death for teenagers in America and 

disproportionately impact Black people, 

American Indians, and rural 

communities. Section 24102 of the 

Bipartisan Infrastructure Law requires 

State highway safety programs to 

provide ‘‘meaningful public 

participation and engagement from 

affected communities, particularly those 

most significantly impacted by traffic 

crashes resulting in injuries and 

fatalities.’’ 

In addition, Section 24102 requires 

that States ‘‘as part of a comprehensive 

program, support—(i) data-driven traffic 

safety enforcement programs that foster 

effective community collaboration to 

increase public safety; and (ii) data 

collection and analysis to ensure 

transparency, identify disparities in 

traffic enforcement, and inform traffic 

enforcement policies, procedures, and 

activities.’’ The following questions seek 

input on strategies to reduce traffic 

safety disparities: 

3. How can the Sections 402, 405, and 1906 

formula grant programs contribute to 

positive, equitable safety outcomes for all? 

How can states obtain meaningful public 

participation and engagement from affected 

communities, particularly those most 

significantly impacted by traffic crashes 

resulting in injuries and fatalities? 

4. How can the formula grant program 

require practices to ensure affected 

communities have a meaningful voice in the 

highway safety planning process? 

5. What varied data sources, in addition to 

crash-causation data, should States be 

required to consult as part of their Highway 

Safety Plan problem identification and 

planning processes to inform the degree to 

which traffic safety disparities exist on their 

roadways? 

Triennial Highway Safety Plan 

Beginning in FY 2024, States will be 

required to submit a Highway Safety 

Plan (HSP) once every three years. The 


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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Proposed Rules 23783 

HSP is a statewide, coordinated 

behavioral safety plan that provides a 

comprehensive framework for reducing 

highway fatalities and serious injuries. 

The HSP identifies a State’s key 

behavioral safety needs and guides 

investment decisions towards strategies 

and countermeasures with the most 

potential to save lives and prevent 

injuries. As set out in the Bipartisan 

Infrastructure Law, the longer-term HSP 

should be designed to allow the States 

to better reflect on the countermeasures 

to be implemented and inform annual 

project selections to combat these 

increasing trends. 

6. How can the triennial cycle best assess 

longer-term behavior modification progress 

and connect year-to-year activities in a 

meaningful way? 

7. How can the triennial HSP account for 

strategies that are proportionate to the State’s 

highway safety challenges? 

8. What information is needed to ensure 

the HSP provides comprehensive, longerterm, and data-driven strategies to reduce 

roadway fatalities and serious injuries? 

Annual Grant Application 

To combat the increasing number of 

fatalities on America’s roadways, 

NHTSA’s stewardship role is to ensure 

that States leverage their funds most 

effectively to decrease the number of 

roadway fatalities. An essential aspect 

of this is ensuring transparency in the 

use of funds. NHTSA must ensure that 

Federal dollars are spent as effectively 

as possible and that sufficient details are 

provided so taxpayers know where 

funds are spent. 

Section 24102 of the Bipartisan 

Infrastructure Law requires States to 

submit an annual grant application that 

demonstrates alignment with the 

approved triennial HSP. The annual 

grant application requires, at a 

minimum, ‘‘updates, as necessary, to 

any analysis included in the triennial 

highway safety plan,’’ ‘‘an identification 

of each project and subrecipient to be 

funded by the State using the grants 

during the upcoming grant year, subject 

to the condition that the State shall 

separately submit, on a date other than 

the date of submission of the annual 

grant application, a description of any 

projects or subrecipients to be funded, 

as that information becomes available,’’ 

a description of the means by which the 

strategy of the State to use grant funds 

was adjusted and informed by the 

previous report’’ and ‘‘an application for 

any additional grants’’ under Section 

405 and 1906. 

9. What data elements should States 

submit to NHTSA in their annual grant 

application to allow for full transparency in 

the use of funds? 

10. What types of data can be included in 

the annual grant application to ensure that 

projects are being funded in areas that 

include those of most significant need? 

Performance Measures 

Performance management provides a 

framework to support improved 

investment decisions that guide States 

to focus on areas likely to have the most 

meaningful impacts on saving lives, 

preventing injuries, and reducing trafficrelated healthcare and other economic 

costs. NHTSA and the Governors 

Highway Safety Association previously 

collaborated on a minimum set of 

performance measures to be used by 

States to develop and implement 

behavioral HSPs and programs. States 

establish safety targets and report 

progress for 12 core outcome measures, 

1 behavior measure, and 3 activity 

measures. The measures cover the major 

areas common to State HSPs and use 

existing data systems. Except for the 

addition of a bicyclist performance 

measure in 2015, the measures were last 

updated in 2008. 

11. Should these measures be revised? If 

so, what changes are needed? 

12. Section 24102 of the Bipartisan 

Infrastructure Law requires performance 

targets ‘‘that demonstrate constant or 

improved performance.’’ What information 

should NHTSA consider in implementing 

this requirement? 

13. What should be provided in the Annual 

Report to ensure performance target progress 

is assessed and that projects funded in the 

past fiscal year contributed to meeting 

performance targets? 

14. How can the Annual Report best inform 

future HSPs? 

Issued in Washington, DC. 

Under authority delegated in 49 CFR 1.95 

and 501.5. 

Barbara Sauers, 

Acting Associate Administrator, Regional 

Operations and Program Delivery. 

[FR Doc. 2022–08484 Filed 4–20–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1952 

[Docket No. OSHA–2021–0012] 

RIN 1218–AD43 

Arizona State Plan for Occupational 

Safety and Health; Proposed 

Reconsideration and Revocation 

AGENCY: Occupational Safety and Health 

Administration (OSHA), U.S. 

Department of Labor. 

ACTION: Proposed rule; request for 

written comments; notice of informal 

public hearing. 

SUMMARY: On June 20, 1985, the Federal 

Occupational Safety and Health 

Administration (OSHA) granted 

Arizona’s occupational safety and 

health plan (State Plan) final approval 

under Section 18(e) of the Occupational 

Safety and Health Act of 1970 (the OSH 

Act). In this notice, OSHA proposes to 

revoke its affirmative determination 

granting final approval to the State Plan. 

If revocation is determined to be 

appropriate, the Arizona State Plan will 

revert to initial approval and Federal 

authority for discretionary concurrent 

enforcement would resume, allowing 

Federal OSHA to ensure that private 

sector employees in Arizona are 

receiving protections that are at least as 

effective as those afforded to employees 

covered by Federal OSHA. 

DATES:

Written comments: Comments and 

requests for a hearing must be submitted 

by May 26, 2022. 

Informal public hearing: Any 

interested person may request an 

informal hearing concerning the 

proposed revocation. OSHA will hold 

such a hearing if the Assistant Secretary 

of Labor for Occupational Safety and 

Health (Assistant Secretary) finds that 

substantial objections have been filed. 

To allow for this possibility, the agency 

has tentatively scheduled an informal 

public hearing on this proposal, 

beginning August 16, 2022, at 10:00 

a.m., ET. If necessary, the hearing will 

continue from 10:00 a.m. until 6:00 

p.m., ET, on subsequent days. The 

hearing will be held virtually on WebEx. 

Additional information on how to 

access the informal hearing will be 

posted when available at https://

www.osha.gov/stateplans. 

Stakeholders should be aware that if, 

after reviewing the comments received 

during the written comment period, the 

Assistant Secretary finds that no 

substantial objections have been filed, 

then this informal public hearing will be 

cancelled. OSHA will provide notice in 

advance of the hearing date if the public 

hearing will not be held. 

Notice of intention to appear to 

provide testimony or question witnesses 

at the hearing: Interested persons who 

intend to present testimony or question 

witnesses at the hearing must submit a 

notice of their intention to do so by May 

11, 2022. Please note that a notice of 

intention to appear at the hearing is not 

the same as a substantial objection. To 

determine whether a substantial 

objection has been filed, the Assistant 


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