28824 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

4. On page 20767, column 1, in the

heading, the language ‘‘Income Taxes;

Information and Backup Withholding;

Hearing’’ is corrected to read ‘‘General

Revision of Regulations Relating to

Withholding of Tax on Certain U.S.

Source Income Paid to Foreign Persons

and Related Collection, Refunds, and

Credits; Revision of Information

Reporting and Backup Withholding

Regulations; and Removal of

Regulations Under Part 35a and of

Certain Regulations Under Income Tax

Treaties; Hearing’’.

5. On page 20767, column 1, in the

preamble, the SUMMARY is corrected to

read as follows:

SUMMARY: This document provides

notice of a public hearing on proposed

regulations relating to the withholding

of income tax on certain U.S. source

income paid to foreign persons

(including the related tax deposit and

reporting requirements, and the related

collection, refunds, and credits of

withheld tax), information reporting and

backup withholding, and the removal of

certain temporary employment tax

regulations and certain regulations

under income tax treaties.

6. On page 20767, column 2, in the

preamble, the SUPPLEMENTARY

INFORMATION is corrected to read as

follows:

SUPPLEMENTARY INFORMATION: The

subject of the public hearing is proposed

amendments to the Income Tax

Regulations, Employment Tax

Regulations, and Procedure and

Administration Regulations under

sections 163(f), 165(j), 871(h), 881(c),

1441, 1442, 1461, 1462, 1463, 3401,

3406, 6041, 6041A, 6042, 6045, 6049,

6050N, 6109, 6114, 6402 and 6413. The

proposed regulations appeared in the

Federal Register on Monday, April 22,

1996 (61 FR 17614).

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 96–14232 Filed 6–5–96; 8:45 am]

BILLING CODE 4830–01–U

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.

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,
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules 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
28826 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

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
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules 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
28828 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

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:

• Chairing the meetings of the

committee in an impartial manner;

• Impartially assisting the members of

the Committee in conducting

discussions and negotiations;

• Performing the duties of the

Designated Federal Official under

FACA; and

• 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
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules 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 underinclusiveness, 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

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 218

RIN 1010–AC01

Amendments To Regulations

Governing Collection of Royalties,

Rentals, Bonuses, and Other Monies

Due the Federal Government

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Proposed rule; notice of

extension of public comment period.

SUMMARY: MMS hereby gives notice that

it is extending the public comment

period on a Notice of proposed rule,

which was published in the Federal

Register on April 19, 1996 (61 FR

17266). The proposed rule would

amend the regulations that specify how

payments are made for mineral lease

royalties, rentals, and bonuses. In

response to requests for additional time,

MMS will extend the comment period

from June 18, 1996, to July 19, 1996.

DATES: Comments must be submitted on

or before July 19, 1996.

ADDRESSES: Written comments,

suggestions or objections regarding this

proposed amendment should be sent to

the following addresses.

For comments sent via the U.S. Postal

Service use: Minerals Management

Service, Royalty Management Program,

Rules and Procedures Staff, P.O. Box

25165 MS 3101, Denver, Colorado

80225–0165.

For comments via courier or overnight

delivery service use: Minerals

Management Service, Royalty

Management Program, Rules and

Procedures Staff, MS 3101 Building 85,

Denver Federal Center, Room A–212,

Denver, Colorado 80225–0165.

FOR FURTHER INFORMATION CONTACT:

David S. Guzy, Chief, Rules and

Procedures Staff, phone (303) 231–3432,

FAX (303) 231–3194, e–Mail David

Guzy@smtp.mms.gov.

Dated: May 31, 1996.

Robert E. Brown,

Associate Director for Royalty Management.

[FR Doc. 96–14218 Filed 6–5–96; 8:45 am]

BILLING CODE 4310–MR–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. RM 95–7A]

Registration of Claims to Copyright,

Group Registration of Photographs

AGENCY: Copyright Office, Library of

Congress.

ACTION: Notice of public hearing.

SUMMARY: The U.S. Copyright Office

issues this notice to inform the public

that the Office will hold a public

hearing in the course of an ongoing

rulemaking proceeding in which it is

proposing changes in the manner in

which copyright claimants may register

photographs. This notice invites

participation in a public hearing

intended to elicit additional comments

to assist the Office in its review of

proposed registration procedures.

DATES: The public hearing will be held

on Wednesday, June 26, 1996, beginning

at 10:00 a.m. Anyone desiring to testify

should contact the Office of the General

Counsel, U.S. Copyright Office, Library

of Congress, at (202) 707–8380 by

Wednesday, June 19, 1996. Written

comments are also invited from both

those who wish to testify and those who

wish only to file either initial or

supplemental written comments. All

written comments must be received on

or before Monday, July 15, 1996.