[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Proposed Rules]
[Pages 28824-28829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14090]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-051]
RIN 1218-AB51


Safety Standards Fire Protection in Shipyard Employment

AGENCY: Occupational Safety and Health Administration (OSHA), U.S. 
Department of Labor.

ACTION: Notice of Intent to Form Negotiated Rulemaking Advisory 
Committee to Develop a Proposal Rule on Fire Protection in Shipyard 
Employment.

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SUMMARY: OSHA announces its intent to establish a Fire Protection in 
Shipyard Employment Negotiated Rulemaking Advisory Committee (the 
``Committee''), under the Federal Advisory Committee Act (FACA) and the 
Negotiated Rulemaking Act (NRA), to negotiate issues associated with 
the development of a Notice of Proposed Rulemaking to regulate fire 
hazards in shipyard employment. The Committee will include 
representatives of the parties interested in, or affected by, the 
outcome of the proposed rule. OSHA also solicits interested parties to 
submit their nominations for membership or requests for representation, 
on the Committee.

DATES: OSHA must receive written comments and requests for membership 
or representation by July 8, 1996.

ADDRESSES: Written comments should state: OSHA Docket No. S-051 and 
should be sent, in quadruplicate, to the following address: OSHA Docket 
Office, Rm N-2625, 200 Constitution Ave. N.W., Washington, D.C. 20210; 
Telephone (202) 219-7894.
    Requests or recommendations for membership or representation on the 
Committee should be sent to: OSHA, Office of Maritime Standards, Room 
N-3621, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Phone 
(202) 219-7234, fax (202) 219-7477.

FOR FURTHER INFORMATION CONTACT: Ann Cyr, Acting Director; OSHA, Office 
of Information and Consumer Affairs, Room N-3647, U.S. Department of 
Labor; 200 Constitution Avenue, N.W.; Washington, D.C., 20210; 
Telephone: (202) 219-8151.

SUPPLEMENTARY INFORMATION:

I. Background

    Fire protection in shipyard employment has been regulated by OSHA's 
general industry standards for fire protection, 29 CFR 1910.155 through 
1910.165, Subpart L, and section (5)(a)(1), the General Duty Clause of 
the OSH Act, which requires each employer to,

furnish to each of his employees employment and a place of 
employment which are free from recognized hazards causing or likely 
to cause death or serious physical harm.

    The general industry standards primarily address landside shipyard 
operations. The general industry standards in Subpart L address: fire 
brigades; portable fire extinguishers; standpipe and hose systems; 
automatic sprinkler systems; fixed extinguishing systems; fire 
detection systems; and employee alarm systems.
    Because no specific standards cover work performed on board vessels 
and vessel sections, OSHA has used the General Duty Clause of the Act 
to address fire safety hazards aboard vessels. When the General Duty 
Clause is used, the Agency must determine how it can be applied. In 
other words, OSHA must ascertain what the employer must do to protect 
his or her employees from the hazards of fire and how the Agency can 
make sure the employer is providing that protection. In these 
situations, OSHA typically relies upon standards promulgated by other 
branches of the Federal Government such as the Coast Guard, along with 
guidelines developed by professional associations such as the National 
Fire Protection Association, (NFPA), and the Marine Chemists 
Association, (MCA) that have, in effect, become industry practice, to 
set forth the hazards and feasible means of abatement. In an 
enforcement action, the Agency would cite the employer for a violation 
of section 5(a)(1) of the Act. To prove a violation of section 5(a)(1) 
OSHA must show, among other things that a serious hazard is recognized 
by the employer's industry or the employer and that there is a feasible 
and useful method for abating the hazard. Although OSHA's enforcement 
under the General Duty Clause has reduced the risk of fire on board 
vessels, some risk remains.
    The Agency believes a standard promulgated under section 6(b) of 
the Act will more effectively reduce these risks. The OSH Act intends 
that OSHA issue occupational safety standards to make clear what is 
necessary to protect employees and to inform employers of their 
specific obligations. In addition, a standard is more protective of 
employees than an enforcement program based upon a general provision; 
consequently, greater reduction of risks are achieved. Third,

[[Page 28825]]

because a standard would be much more specific than current 
requirements, employers and employees are given more guidance in 
carrying out the goal of protecting workers. Finally, use of the 
General Duty Clause imposes a heavy litigation burden on OSHA. For all 
these reasons, OSHA has concluded workers on board vessels need the 
protection of an OSHA standard on fire protection.
    Extending application of the current general industry standards to 
all shipyard employment would not be appropriate for the following 
reasons. First, most of the provisions in the general industry 
standards have been in effect since 1980. They need to be reviewed and 
revised to take into account technological advances that could affect 
fire protection in shipyard employment. Secondly, shipyard employment 
encompasses many tasks and work sites that are unique to the maritime 
industry. Employers, labor representatives and professional and trade 
associations have repeatedly asked OSHA to allow all shipyard 
employment to be covered by the same standards. They point out that the 
work situations found within shipyard employment have more in common 
with each other than with those in general industry. They assert that 
the hazards and methods of controlling the hazards are similar 
throughout the shipyard. Finally, they say that because the work on 
land and aboard the vessels is located within the same area and 
performed by the same workforce, fire protection services are provided 
by the same in-yard/plant or out-of-yard fire crews to all areas of 
shipyard employment. They believe that allowing these crews to follow 
the same standard will enable them to be more effective in their 
prevention and response activities. OSHA agrees and has preliminarily 
concluded that a single new standard addressing fire hazards for all 
shipyard employment, on land and on board vessels, will provide the 
best protection for employees.
    In 1991, the Shipyard Employment Standards Advisory Committee 
(SESAC) began work on regulating the hazard of fire for all shipyard 
employment. SESAC was formed to provide OSHA with guidance in revising, 
consolidating and modernizing the varying sets of regulation that were 
being applied in the shipyard industry into what would ultimately 
become a vertical standard for all shipyard employment. The SESAC 
Subcommittee on Fire Protection, after reviewing pertinent federal 
regulations and guidelines issued by professional associations, drafted 
a shipyard employment fire protection standard. The draft was adopted 
by SESAC and given to OSHA for its consideration. SESAC's draft, which 
combines the materials they reviewed and includes comments from the 
workgroup participants, sets forth many of the components necessary for 
a comprehensive fire protection standard. However, because not all of 
its provisions are written in regulatory language and because the 
provisions do not address all of the issues that need to be considered 
in an OSHA rulemaking, the draft cannot be proposed as it is written. 
However, OSHA has concluded that the SESAC draft is an excellent 
starting point for development of a fire protection standard for 
shipyard employment. OSHA anticipates it will be a key resource for 
participants in the rulemaking.
    The Shipyard workgroup of the Maritime Advisory Committee on 
Occupational Safety and Health (MACOSH) briefly discussed fire 
protection and negotiated rulemaking at their September 1995, meeting 
in New Orleans. Members urged OSHA to proceed with a fire protection 
standard; with some members suggesting the Shipyard workgroup take up 
fire protection issues if OSHA was unable to do a fire protection 
negotiated rulemaking.
    OSHA has decided to use the negotiated rulemaking (Neg/Reg  process 
to develop a proposed standard for fire protection covering all 
shipyard employment. The most important reason for using Neg/Reg is 
that the shipyard stakeholders from all sectors strongly support 
consensual rulemaking efforts like negotiated regulation. OSHA believes 
this process will be less adversarial than regular rulemaking and will 
result in a proposal that will effectively protect employees.
    The negotiated rulemaking effort described in this Notice will be 
conducted in accordance with the Department of Labor's approved policy 
on negotiated rulemaking. For further detail about the Department's 
negotiated rulemaking policy, please consult the ``Notice of Policy of 
Use of Negotiated Rulemaking Procedures by Agencies of the Department 
of Labor'' published in the Federal Register on December 29, 1992 (57 
FR 61925).

A. The Concept of Negotiated Rulemaking

    Usually, OSHA develops a rulemaking proposal using staff and 
consultant resources. The concerns of affected parties are made known 
through various informal contacts, the circulation of a draft proposal 
to known affected parties for their informal comment, through advance 
notices of proposed rulemaking published in the Federal Register, or 
formal consultation with an advisory committee such as the Maritime 
Advisory Committee on Occupational Safety and Health (MACOSH). After 
the notice of proposed rulemaking is published for comment, affected 
parties, including the Agency, submit arguments and data supporting 
their positions. All communications from affected parties are directed 
to the Agency. In general, there is not much communication among 
parties representing different interests, except during cross 
examination conducted at a rulemaking hearing.
    Many times, effective regulations have resulted from such a 
process. However, as Congress noted in the Negotiated Rulemaking Act (5 
U.S.C. 581) current rulemaking procedures may ``discourage the affected 
parties from meeting and communicating with each other, and may cause 
parties with different interests to assume conflicting and antagonistic 
positions * * *'' (Sec. 2(2)). Congress also stated that ``adversarial 
rulemaking deprives the affected parties and the public of the benefits 
of face-to-face negotiations and cooperation in developing and reaching 
agreement on a rule. It also deprives them of the benefits of shared 
information, knowledge, expertise, and technical abilities possessed by 
the affected parties.'' (Sec. 2(3)).
    Using negotiated rulemaking to develop the proposed rule is 
fundamentally different. Negotiated rulemaking is a process in which a 
proposed rule is developed by a committee composed of representatives 
of all those interests that will be significantly affected by the rule. 
Decisions are made by consensus, which generally require concurrence 
among the interests represented.
    The process is started by the Agency's careful identification of 
all interests potentially affected by the rulemaking under 
consideration. To help in this identification process, the Agency 
publishes a notice in the Federal Register, such as this one, which 
identifies a preliminary list of interests and requests public comment 
on that list.
    Following receipt of the comments, the Agency establishes an 
advisory committee representing these various interests to negotiate a 
consensus on the terms of a proposed rule. Representation on the 
committee may be direct, that is, each member represents a specific 
interest, or may be indirect, through coalitions of parties formed for 
this purpose. The Agency is a member of the

[[Page 28826]]

committee representing the Federal government's own set of interests.
    The negotiated rulemaking (Neg/Reg) advisory committee is chaired 
by a trained mediator, who facilitates the negotiation process. The 
role of this mediator, also called a facilitator, is to apply proven 
consensus building techniques to the OSHA advisory committee setting. 
The many functions that he or she will perform are discussed below.
    Once a Neg/Reg advisory committee reaches consensus on the 
provisions of a proposed rule, the Agency, consistent with its legal 
obligations, uses such consensus as the basis of its proposed rule, to 
be published in the Federal Register. This provides the required public 
notice and allows for a public comment period. Other participants and 
other interested parties retain their rights to comment, participate in 
an informal hearing (if requested) and judicial review. OSHA 
anticipates, however, that the preproposal consensus agreed upon by 
this Committee will effectively narrow the issues in the subsequent 
rulemaking to only those which truly remain in controversy.

B. Selecting Subpart P as a Candidate for Negotiated Rulemaking

    The Negotiated Rulemaking Act allows the agency to establish a 
negotiated rulemaking committee if it is determined that the use of the 
negotiated rulemaking procedure is in the public interest. As noted 
above in the Background part of this document, OSHA has made such a 
determination.
    OSHA bases this determination, not only on the appropriateness of 
the subject to negotiated rulemaking and the support of affected 
parties, but also on its own prior experience with the negotiated 
rulemaking process. Even before the NRA was enacted, OSHA conducted 
negotiated rulemaking for its complex health standard for 
Methylenedianiline (MDA). This committee met seven times over a 10-
month period (24 meeting days) and successfully negotiated standards 
for both general industry and construction. The final standards were 
ultimately based on the recommended proposed standards, and no 
litigation followed the standards' promulgation. In addition, OSHA's 
Steel Erection Negotiated Rulemaking Advisory Committee is completing 
its work and is ready to propose a revised standard for steel erection 
in construction, 29 CFR part 1926, Subpart R.
    Discussions held between OSHA staff and many interested parties 
lend further evidence that the elements necessary for a successful 
negotiated rulemaking on fire protection in shipyard employment exist. 
Moreover, the Agency believes that most of the selection criteria 
listed in the NRA (5 U.S.C. 563(a)) are met. There is a recognized need 
to promulgate fire protection requirements that would apply to all 
shipyard employment. Interests that will be affected by the new fire 
protection standard are known, as limited in number, and to a 
significant degree, are already organized in interest-based coalitions. 
Finally, parties representing significant interests have requested that 
OSHA begin negotiated rulemaking on subpart P. The need for a new 
standard is acknowledged by all known interests. The Agency believes 
that reaching consensus on work practices and specifications for fire 
protection in shipyard employment is highly promising. OSHA expects 
that all persons likely to be significantly affected by such a standard 
will negotiate in good faith.

C. Agency Commitment

    In initiating this Neg/Reg process, OSHA is making a commitment on 
behalf of the Department of Labor that the Agency and all other 
participants within the Department will provide adequate resources to 
ensure timely and successful completion of the process. This commitment 
includes making the process a priority activity for all 
representatives, components, officials, and personnel of the Department 
who need to be involved the rulemaking, from the time of initiation 
until such time as a final rule is issued or the process is expressly 
terminated. Once the process has been initiated, all representatives, 
components, officials and personnel of the Department shall be expected 
to act in accordance with this commitment.
    As provider of administrative support, OSHA will take steps to 
ensure that the negotiated rulemaking committee has the dedicated 
resources it requires to complete its work in a timely fashion. These 
include the provision or procurement of such support services as: 
properly equipped space adequate for public meetings and caucuses; 
logistical support and timely payment of participant travel and 
expenses where necessary, as provided for under the NRA: work 
processing, information dissemination, storage and other information 
handling services required by the committee; the service of a 
facilitator; and such additional statistical, economic, health, safety, 
legal, computing or other technical assistance as may be necessary.
    OSHA, to the maximum extent possible consistent with the legal 
obligations of the Agency, will use the consensus of the Committee as 
the basis for the rule proposed by the Agency for public notice and 
comment. The Agency believes that by promulgating a standard for fire 
protection, it can limit or reduce the number of deaths and injuries to 
employees engaged in shipyard employment who are exposed to a 
significant risk of injury and death because of the lack of specific 
applicability of certain provisions in the general industry standards 
and because a large number of shipyard employees are not protected by 
any OSHA fire protection standards. The Agency, therefore, is committed 
to publishing a consensus proposal that is consistent with OSHA's legal 
mandates.

D. Negotiating Consensus

    As discussed above, the negotiated rulemaking process is 
fundamentally different from the usual development process for OSHA 
proposed rules. Negotiation allows all the parties to discuss possible 
approaches to various issues rather than only asking them to respond to 
details in an OSHA proposal. The negotiation process involves a mutual 
education of the parties by each other on the practical concerns about 
the impact of such approaches. Each committee member participates in 
resolving the interests and concerns of other members, rather than 
leaving it up to OSHA to bridge different points of view.
    A key principle of negotiated rulemaking is that agreement is by 
consensus of all the interests. Thus, no one interest or group of 
interests is able to control the process. The NRA defines consensus as 
the unanimous concurrence among interests represented on a negotiated 
rulemaking committee, unless the committee itself unanimously agrees to 
use a different definition. In addition, experience has demonstrated 
that using a trained mediator to facilitate this process will assist 
all potential parties, including OSHA, to identify their real interests 
in the rule and so be able to reevaluate previously stated positions on 
issues involved in this rulemaking effort.

E. Some Key Issues for Negotiation

    OSHA expects key issues to be addressed as part of these 
negotiations will include:
1. Scope and Application
    Should Subpart P apply to all shipyard employment? How will 
standard affect out-of-yard/plant

[[Page 28827]]

firefighters such as those employed by a municipal fire department?
2. Controls and Work Practices
    What controls and work practices will provide adequate protection 
for employees? Should OSHA require hot work permits? Should OSHA 
require training for all fire fighters? Should OSHA incorporate U.S. 
Coast Guard regulations in this standard? Is there any difference in 
controls and work practices on landside vs. onboard vessels and vessel 
sections? Should OSHA require the employer to secure (deactivate) all 
fire fighting systems onboard vessels when they arrive in the yard?
3. Fire Brigades
    Should OSHA require each shipyard to have an in-yard/plant fire 
brigade?
4. Written Fire Plans
    Should OSHA require written fire plans for landside and onboard 
vessels? If so, what provisions need to be included in the plans? 
Should OSHA include a requirement for de-watering (removal of 
firefighting water from the vessel) of vessels when fighting a fire on 
board a vessel?
5. Technological Advances
    What advances in fire technology have occurred since OSHA's general 
industry standards were promulgated? Which of these advances should be 
incorporated into the shipyard standard?
6. Costs of Fire Protection
    What costs would be incurred by shipyards in meeting the various 
provisions of a new standard? Calculations should include costs of 
acquiring new equipment, instituting new engineering controls and work 
practices, and costs of training employees. Are there cost savings or 
other benefits that could be expected with the promulgation of 
identical rules for all of shipyard employment? If so, what would be 
the magnitude of savings?
7. Appendices
    Should OSHA include an appendix or appendices and, if so, should it 
(they) be mandatory?

II. Proposed Negotiation Procedures

    The following proposed procedures and guidelines may be augmented 
as a result of comments received in response to this notice or during 
the negotiation process.

A. Committee Formation

    This negotiated rulemaking Committee will be formed and operated in 
full compliance with the requirements of the Federal Advisory Committee 
(FACA) in a manner consistent with the requirements of the Negotiated 
Rulemaking Act (NRA).

B. Interests Involved

    The Agency intends to conduct negotiated rulemaking proceedings 
with particular attention to ensuring full and adequate representation 
of those interests that may be significantly affected by the proposed 
rule. Section 562 of the NRA defines the term ``interest'' as follows:
(5) ``interest'' means, with respect to an issue or matter multiple 
parties which have a similar point of view or which are likely to be 
affected in a similar manner.
    The following interests have been tentatively identified as 
``significantly affected'' by the matters that may be included in the 
proposed rule:

Shipyard owners;
Contractors;
Labor organizations representing employees who perform fire protection 
work;
Fire fighters, both in yard/plant and municipal;
Government entities, particularly the Navy and the Coast Guard;
Professional associations; and
Manufacturers and suppliers of fire protection equipment.
    One purpose of this document is to determine whether a standard 
regulating fire hazards in shipyard employment would significantly 
affect interests that are not listed above. OSHA invites comment and 
suggestions on this list of ``significantly affected'' interests.
    In this regard, the Department of Labor recognizes that the 
regulatory actions it takes under its programs may at times affect 
various segments of society in different ways, and that this may in 
some cases produce unique ``interests' in a proposed rule based on 
income, gender, or other factors. Particular attention will be given by 
the Department to ensure that any unique interests that have been 
identified in this regard, and that may be significantly affected by 
the proposed rule, are fully represented.

C. Members

    The negotiating group should not exceed 25 members, and 15 would be 
preferable. The Agency believes that more than 25 members would make it 
difficult to conduct effective negotiations.
    OSHA is aware that there are many more potential participants, 
whether they are listed here or not, than there are membership slots on 
the Committee. The Agency does not believe, nor does the NRA 
contemplate, that each potentially affected group must participate 
directly in the negotiations; nevertheless, each affected interest can 
be adequately represented. In order to have a successfully negotiation, 
it is important for interested parties to identify and form coalitions 
that adequately represent significantly affected interests. These 
coalitions, in order to provide adequate representation must agree to 
support, both financially and technically, a member to the Committee 
whom they will choose to represent their ``interest.''
    It is very important to recognize that interested parties who are 
not selected to membership on the Committee can make valuable 
contributions to this negotiated rulemaking effort in any of several 
ways:
    The person could request to be placed on the Committee mailing 
list, submitting written comments, as appropriate;
    The person could attend the Committee meetings, which are open to 
the public, caucus with his or her interest's member on the Committee, 
or even address the Committee (usually allowed at the end of an issue's 
discussion or the end of the session, as time permits; or
    The person could assist in the work of a workgroup that might be 
established by the Committee.
    Informal workgroups are usually established by an advisory 
committee to assist the Committee in ``staffing'' various technical 
matters, e.g., researching or preparing summaries of the technical 
literature or comments on particular matters such as economic issues 
before the Committee so as to facilitate Committee deliberations. They 
might also assist in estimating costs and drafting regulatory text on 
issues associated with the analysis of the affordability and benefits 
addressed, and formulating drafts of the various provisions and their 
justification previously developed by the committee. Given their 
staffing function, workgroups usually consist of participants who have 
expertise or particular interest in the technical matter(s) being 
studied.
    Becuase it recognizes the importance of this staffing work for the 
Committee, OSHA will provide appropriate technical expertise for such 
workgroups.
    Requests for appointment to membership on the Committee are 
solicited. Members can be individuals

[[Page 28828]]

or organizations. If the effort is to be fruitful, participants should 
be able to fully and adequately represent the viewpoints of their 
respective interests. Those who wish to be appointed as members of the 
Committee should submit a request to OSHA, in accordance with the 
Public Participation part of this document.
    The following list includes those who have been tentatively 
identified by OSHA as being either a potential member of the Committee, 
or a potential member of a coalition that would in turn nominate a 
candidate to represent one of the significantly affected interests 
listed above:

Shipyard owners;
Contractors;
Labor organizations representing employees who perform fire protection 
work;
Fire fighters, both in yard/plant and municipal;
Government entities, particularly the Navy and the Coast Guard;
Professional associations; and
Manufacturers and suppliers of fire protection equipment.

    This list of potential parties is not presented as a complete or 
exclusive list from which committee members will be selected, nor does 
inclusion on the list of potential parties mean that a party on the 
list has agreed to participate as a member of the Committee or as a 
member of a coalition. The list merely indicates parties that OSHA has 
tentatively identified as representing significantly affected interests 
in the outcome of the subpart P negotiated rulemaking. This document 
gives notice of this process to other potential participants and 
affords them the opportunity to request representation in the 
negotiations. The procedure for requesting such representation is set 
out under the Public Participation part of this document, below. In 
addition, comments and suggestions on this tentative list are invited.

D. Good Faith Negotiation

    Committee members should be willing to negotiate in good faith and 
have the authority to do so. The first step is to ensure that each 
member has good communications with his or her constituencies. An 
intra-interest network of communication should be established to bring 
information from the support organization to the member at the table, 
and to take information from the table back to the support 
organization. Second, each organization or coalition should, therefore, 
designate as its representative an official with credibility and 
authority to insure that needed information is provided and decisions 
are made in a timely fashion. Negotiated rulemaking efforts can require 
a very significant contribution of time by the appointed members that 
must be sustained for up to a year. Other qualities that can be very 
helpful are negotiating experience and skills, and sufficient technical 
knowledge to participate in substantive negotiations.
    Certain concepts are central to negotiating in good faith. One is 
the willingness to bring all issues to the bargaining table in an 
attempt to reach a consensus, instead of keeping key issues in reserve. 
The second is a willingness to keep the issues at the table and not 
take them to other forums. Finally, good faith includes a willingness 
to move away from the type of positions usually taken in a more 
traditional rulemaking process, and instead explore openly with other 
parties all ideas that may emerge from the discussions of the 
Committee.

E. Facilitator

    This individual will not be involved with the substantive 
development of the standard. Rather, the facilitator's role generally 
includes:
    <bullet> Chairing the meetings of the committee in an impartial 
manner;
    <bullet> Impartially assisting the members of the Committee in 
conducting discussions and negotiations;
    <bullet> Performing the duties of the Designated Federal Official 
under FACA; and
    <bullet> Acting as disclosure officer for Committee records under 
the Freedom of Information Act (FOIA).

F. OSHA Representative

    The OSHA representative will be a full and active participant in 
the consensus building negotiations. The representative will meet 
regularly with various senior OSHA officials, briefing them on the 
negotiations and receiving their suggestions and advice, in order to 
effectively represent the Agency's views regarding the issues before 
the Committee. OSHA's representative will also ensure that the entire 
spectrum of governmental interests affected by the subpart P 
rulemaking, including the office of Management and Budget and other 
Departmental offices, is kept informed of the negotiations and 
encouraged to make their concerns known in a timely fashion. OSHA's 
representative will also communicate with MACOSH on a regular basis, 
informing it of the status and content of the negotiations.
    In addition, the OSHA representative will present the negotiators 
with the accumulated record evidence gathered on issue-by-issue basis 
for their consideration. (The Committee may also consult OSHA's 
representative with regard to the Agency's regulatory needs, 
appropriate boundaries of consideration, or technical information. Such 
information could include the areas of technological feasibility and 
economic concerns, including direct and indirect costs of compliance). 
The OSHA representative, together with the facilitator, will also be 
responsible for coordinating the administrative and committee support 
functions to be performed by OSHA's support team.

G. Committee Notice

    After evaluating the comments on this announcement and the requests 
for representation, OSHA will issue a notice that will announce the 
establishment of the Committee and its membership, unless after 
reviewing the comments, it is determined that such an action is 
inappropriate. The negotiation process will begin once the Committee 
membership roster is published in the Federal Register.

H. Tentative Schedule

    Included in the notice establishing the Committee will be a 
proposed schedule of the meetings. The first meeting will focus largely 
on procedural matters, including the proposed ground rules. These will 
include agreement on dates, times, and locations of future meetings, 
and identification and determination of how best to address principal 
issues for resolution.

I. Record of Meetings

    In accordance with FACA's requirements, the facilitator will keep 
minutes and a record of all Committee meetings. This record will be 
placed in the public docket No. S-051 for this rulemaking. Committee 
meetings will be announced in the Federal Register and will generally 
be open to the public.

J. Agency Action

    As noted above, the Agency intends to use the Committee's consensus 
as the basis for the NPRM. OSHA expects to issue the proposed rule 
developed by the Committee, unless the consensus is inconsistent with 
OSHA's statutory authority or is not appropriately justified. In that 
event, the Agency will explain the reason for its decision.

K. Committee Procedures

    Under the general guidance and direction of the facilitator, and 
subject to any applicable legal requirements, appropriate detailed 
procedures for committee meetings will be established. Committee 
members will be presented

[[Page 28829]]

with proposed ground rules and agendas prior to the first meeting.

III. Public Participation

    Since this will be a negotiated rulemaking, there are many 
opportunities for an individual who is interested in the outcome of the 
rule to participate. As a first step in response to this notice of 
intent to negotiate, OSHA recommends that potential participants study 
the two lists contained in this notice: the lists of significantly 
affected interests and the lists of potential participants. After 
analyzing for completeness or over or under-inclusiveness, parties 
should examine the lists for the purpose of coalition building. 
Potential parties should try to identify others, whether on the lists 
or not, who share a similar viewpoint and who be affected in a similar 
way by the rule. Communication with these parties of similar interest 
should follow, and the organization of coalitions to support the 
interest should begin. It is only after the formation of these 
coalitions and extensive intra-constituency discussion that decisions 
should be made as to which individuals should represent the interest 
and in which capacity. As indicated above, an interested party may 
participate in a variety of ways such as being a committee member, 
working within the coalition (promoting communication, providing expert 
support in a workgroup or otherwise, helping to develop internal ranges 
of acceptable alternatives, etc.), attending committee meetings in 
order to caucus with the interest's member of address the Committee at 
the appropriate times, or submitting written comments or materials.
    Persons who will be significantly affected by the subpart P 
rulemaking, whether or not listed above in this document, may apply for 
or nominate another person for membership on the Committee to represent 
such interests. Such requests should be submitted, in quadruplicate, to 
OSHA Docket Office, Rm N-2625, 200 Constitution Ave. N.W., Washington, 
D.C., 20210; Telephone (202) 219-7894, no later than July 8, 1996. OSHA 
notes that the NRA addresses the concerns of potential members for whom 
the expenses of participation may not be affordable (See 5 U.S.C. 568 
(c)). Each application or nomination shall include:
    (1) The name of the applicant or nominee and a description of the 
interest such person shall represent;
    (2) Evidence that the applicant or nominee is authorized to 
represent parties having the shared interest the person proposes to 
represent; and
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the rule under 
consideration.
    All other written comments, including comments on the 
appropriateness of using negotiated rulemaking to develop a proposed 
rule to revise the existing safety provisions in 29 CFR Part 1915 
subpart P, should be directed to Docket No. S-051, and sent in 
quadruplicate to the following address: OSHA Docket Office, U.S. 
Department of Labor, Rm. N-2625, 200 Constitution Ave., N.W., 
Washington, D.C. 20210; Telephone (202) 219-7894.

IV. Authority

    This document was prepared under the direction of Joseph A. Dear, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 
20210, pursuant to section 3 of the Negotiated Rulemaking Act of 1990, 
104 Stat. 4969, Title 5 U.S.C. 561 et seq.

    Signed at Washington, D.C., this 30th day of May, 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 96-14090 Filed 6-5 -96; 8:45 am]
BILLING CODE 4510-26-M