Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules 54123 

any special circumstances small entities 

face in controlling hazards and reducing 

injuries and fatalities in tree care 

operations. How and to what extent 

would small entities in your industry be 

affected by the promulgation of a 

standard that addresses hazards in tree 

care operations? Are there special 

circumstances that make the control of 

hazards in tree care operations more 

difficult or more costly in small entities? 

Describe those circumstances and 

explain and discuss any alternatives 

that might serve to minimize these 

impacts. 

5. Are the reasons why the benefits of 

a standard to control hazards in tree 

care operations might be different for 

small entities than for larger 

establishments? Please explain. 

III. Public Participation 

You may submit comments in 

response to this document (1) 

electronically at http:// 

www.regulations.gov, (2) by hard copy, 

or (3) by facsimile (FAX). All comments, 

attachments, and other materials must 

identify the Agency name and the 

docket number for this document 

(Docket No. OSHA–2008–0012). You 

may supplement electronic submissions 

by uploading document files 

electronically. If, instead, you wish to 

mail additional materials in reference to 

an electronic or FAX submission, you 

must submit three copies to the OSHA 

Docket Office (see ADDRESSES section). 

The additional materials must clearly 

identify your electronic or FAX 

comments by name, date, and docket 

number so OSHA can attach them to 

your comments. 

Because of security-related problems 

there may be a significant delay in the 

receipt of comments by regular mail. For 

information about security procedures 

concerning the delivery of materials by 

express delivery, hand delivery, and 

messenger or courier service, please 

contact the OSHA Docket Office at 202– 

693–2350 (TTY 877–889–5627). 

All comments and submissions in 

response to this Federal Register, 

including personal information, are 

placed in the public docket without 

change. Therefore, OSHA cautions 

against submitting certain personal 

information such as social security 

numbers and birthdates. All comments 

and submissions are listed in the http:// 

www.regulations.gov index; however, 

some information (for example, 

copyrighted material) is not publicly 

available to read or download through 

the Web site. All comments and 

submissions are available for inspection 

and copying at the OSHA Docket Office 

(see the ADDRESSES section of this 

notice). Information on using http:// 

www.regulations.gov to submit 

comments and access dockets is 

available at that Web site. Contact the 

OSHA Docket Office (see ADDRESSES

section) for information about materials 

not available through the OSHA Web 

site and for assistance in using the Web 

site to locate and download docket 

submissions. 

Electronic copies of this Federal 

Register notice are available at http:// 

www.regulations.gov. This document, as 

well as news releases and other relevant 

documents, are also available at OSHA’s 

Web site at http://www.osha.gov. 

IV. Authority and Signature 

This document was prepared under 

the direction of Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor. It is issued 

pursuant to sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655, 657), 29 CFR 

part 1911, and Secretary’s Order 5–2007 

(72 FR 31159). 

Signed at Washington, DC, this 15th day of 

September, 2008. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E8–21851 Filed 9–17–08; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, 1917, 1918, 

and 1926 

[Docket No. OSHA–2008–0031] 

RIN 1218–AC42 

Clarification of Remedy for Violation of 

Requirements To Provide Personal 

Protective Equipment and Train 

Employees 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule; notice of hearing. 

SUMMARY: OSHA is convening an 

informal public hearing to receive 

testimony and documentary evidence 

on the proposed rule for Clarification of 

Remedy for Violation of Requirements 

to Provide Personal Protective 

Equipment and Train Employees. 

DATES: Informal public hearing. The 

Agency will hold the informal public 

hearing in Washington, DC, beginning 

October 6, 2008. The hearing will 

commence at 10 a.m. on the first day. 

If necessary, the hearing will continue 

on October 7, 2008, beginning at 9 a.m. 

Notice of intention to appear to 

provide testimony at the informal public 

hearing. Parties must notify OSHA in 

writing no later than September 26, 

2008, of their intention to appear at the 

hearing to present testimony. OSHA is 

limiting each party’s testimony to 10 

minutes. If parties need additional time, 

they must submit a written request with 

their notice of intention to appear 

stating how much time they seek, the 

topics they will cover during their 

testimony, and why they cannot cover 

the topics in the 10 minutes allotted. 

ADDRESSES: Informal Public Hearing. 

The informal public hearing will be 

held in Washington, DC, Conference 

Room 6, Room C–5320 of the Frances 

Perkins Building, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC. 

Notices of intention to appear at the 

hearing. Submit notices of intention to 

appear at the informal public hearing 

and requests for additional time to 

testify, identified by the docket number 

(OSHA–2008–0031) or the regulatory 

information number (RIN 1218–AC42), 

using any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting the material. 

Facsimile: Send submissions 

consisting of 10 or fewer pages to the 

OSHA Docket Office at (202) 693–1648. 

Hard copies of these documents are not 

required. Instead of transmitting 

facsimile copies of attachments that 

supplement these documents (e.g., 

studies, journal articles), submit these 

attachments, in triplicate hard copy, to 

the OSHA Docket Office, Technical Data 

Center, Room N–2625, OSHA, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Washington, DC 20210. 

These attachments must clearly identify 

the sender’s name, date, subject, and 

docket number (i.e., OSHA–2008–0031) 

so that the Agency can attach them to 

the appropriate document. 

Regular mail, express delivery, hand 

delivery, and courier service: Send 

submissions (single copy only) to the 

OSHA Docket Office, Docket No. 

OSHA–2008–0031, Technical Data 

Center, Room N–2625, OSHA, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2350 (OSHA’s TTY 

number is (877) 889–5627). Note that 

security-related problems may result in 

significant delays in receiving 

submissions by regular mail. Please 

contact the OSHA Docket Office for 

information about security procedures 


dwashington3 on PRODPC61 with PROPOSALS
54124 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules 

concerning delivery of materials by 

express delivery, hand delivery, or 

courier service. The OSHA Docket 

Office and Department of Labor hours of 

operation are 8:15 a.m. to 4:45 p.m., e.t. 

Instructions. Each submission must 

include the Agency name and the OSHA 

docket number (i.e., OSHA–2008–0031). 

All submissions, including any personal 

information, are placed in the public 

docket without revision, and will be 

available online at http:// 

www.regulations.gov. Therefore, OSHA 

cautions members of the public against 

submitting information and statements 

that should remain private, including 

comments that contain personal 

information (either about themselves or 

others) such as social security numbers, 

birth dates, and medical data. For 

additional information on submitting 

notices of intention to appear, see the 

Public Participation-Comments and 

Hearings section in the SUPPLEMENTARY

INFORMATION section below. 

Docket. To read or download 

comments, notices of intention to 

appear, and other material in the docket, 

go to http://www.regulations.gov or to 

the OSHA Docket Office at the address 

above. All documents in the docket are 

listed in the http://www.regulations.gov 

index; however, some information (e.g., 

copyrighted material) is not publicly 

available to read or download through 

this Web site. All submissions, 

including copyrighted material, are 

available for inspection and copying at 

the OSHA Docket Office. 

FOR FURTHER INFORMATION CONTACT: For 

general information and press inquiries, 

contact Ms. Jennifer Ashley, Director, 

Office of Communications, Room N– 

3647, OSHA, U.S. Department of Labor, 

200 Constitution Avenue, NW., 

Washington, DC 20210; telephone: (202) 

693–1999. For hearing information, 

contact Ms. Veneta Chatmon, Office of 

Communications, Room N–3647, OSHA, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–1999. 

Electronic copies of this Federal 

Register notice, as well as news releases 

and other relevant documents, are 

available at OSHA’s homepage at 

http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: OSHA 

published the proposed rule for 

Clarification of Remedy for Violation of 

Requirements to Provide Personal 

Protective Equipment and Train 

Employees on August 19, 2008 (73 FR 

48335). The period for submitting 

written comments expires on September 

18, 2008. During this comment period, 

a number of commentors (see, e.g., Exs. 

OSHA–2008–0031–006.1, –007.1, 

–009.1, –0011.1, –0012.1) requested an 

informal public hearing. With this 

notice, OSHA is granting these requests. 

Public Participation—Comments and 

Hearings: OSHA encourages members of 

the public to participate in this 

rulemaking by providing oral testimony 

and documentary evidence at the 

informal public hearing. Accordingly, 

the Agency invites interested parties 

having knowledge of, or experience 

with, the issues raised in the proposal 

to participate in this process, and 

welcomes any pertinent data that will 

provide the Agency with the best 

available evidence to use in developing 

the final rule. This section describes the 

procedures the public must use to 

schedule an opportunity to deliver oral 

testimony and to provide documentary 

evidence at the informal public hearing. 

Hearing Arrangements. Pursuant to 

section 6(b)(3) of the Occupational 

Safety and Health Act (the Act; 29 

U.S.C. 655), members of the public have 

an opportunity at the informal public 

hearing to provide oral testimony 

concerning the issues raised in the 

proposed rule. An administrative law 

judge (ALJ) will preside over the 

hearing, and will resolve any procedural 

matters related to the hearing on the 

first day. 

Purpose of the Hearing. The 

legislative history of Section 6 of the 

Act, as well as the Agency’s regulation 

governing public hearings (29 CFR 

1911.15), establish the purpose and 

procedures of informal public hearings. 

Although the presiding officer of the 

hearing is an ALJ, and questions by 

interested parties are allowed on 

pertinent issues, the hearing is informal 

and legislative in purpose. Therefore, 

the hearing provides interested parties 

with an opportunity to make effective 

and expeditious oral presentations in 

the absence of procedural restraints that 

could impede or protract the rulemaking 

process. The hearing is not an 

adjudicative proceeding subject to the 

technical rules of evidence. Instead, it is 

an informal administrative proceeding 

convened for the purpose of gathering 

and clarifying information. The 

regulations that govern the hearing, and 

the prehearing guidelines issued for the 

hearing, will ensure that participants are 

treated fairly and have due process. This 

approach will facilitate the development 

of a clear, accurate, and complete 

record. Accordingly, application of 

these rules and guidelines will be such 

that questions of relevance, procedures, 

and participation will be decided in 

favor of developing a clear, accurate, 

and complete record. 

Conduct of the Hearing. Conduct of 

the hearing will conform to the 

provisions of 29 CFR 1911.5. Although 

the ALJ presiding over the hearing 

makes no decision or recommendation 

on the merits of the proposal or the final 

rule, the ALJ has the responsibility and 

authority to ensure that the hearing 

progresses at a reasonable pace and in 

an orderly manner. To ensure that 

interested parties receive a full and fair 

informal hearing, the ALJ has the 

authority and power to: regulate the 

course of the proceedings; dispose of 

procedural requests, objections, and 

similar matters; confine the 

presentations to matters pertinent to the 

issues raised; use appropriate means to 

regulate the conduct of the parties who 

are present at the hearing; question 

witnesses, and permit others to question 

witnesses; and limit the time for such 

questions. As indicated in the proposed 

rule, OSHA will allow an additional 30- 

day period for submission of 

posthearing comments before closing 

the public comment period (74 FR 

48344). 

Notice of intention to appear to 

provide testimony at the informal public 

hearings. Hearing participants must file 

a notice of intention to appear that 

provides the following information: The 

name, mailing and e-mail addresses, 

and telephone number of each 

individual who will provide testimony; 

the capacity in which the individual 

will testify (e.g., name of the 

establishment/organization the 

individual is representing; the 

individual’s occupational title and 

position); and whether the individual is 

appearing as a part of a panel with other 

individuals. Participants who need 

projectors and other special equipment 

for their testimony must contact Ms. 

Veneta Chatmon at OSHA’s Office of 

Communications, telephone (202) 693– 

1999. 

As noted above, testimony will be 

limited to 10 minutes. Requests for 

additional time must be submitted in 

writing with the notice of intention to 

appear, and contain a reasoned 

justification, including identification of 

the topics to be discussed and an 

explanation of why these topics cannot 

be covered in 10 minutes. OSHA will 

review the request and determine how 

much, if any, additional time to allot to 

the individual. Individuals requesting 

additional time will be notified of 

OSHA’s determination on their request 

prior to the hearing. 

OSHA emphasizes that, while the 

hearing is open to the public and all 

interested parties are welcome to attend, 

only a party who files a proper notice 

of intention to appear may ask questions 

and participate fully in the hearing. A 

party who did not file a notice of 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules 54125 

intention to appear may be allowed to 

testify at the hearing if time permits, but 

this determination is at the discretion of 

the presiding ALJ. 

Certification of the record and final 

determination after the informal public 

hearing. Following the close of the 

hearing and the posthearing comment 

period, the ALJ will certify the record to 

the Assistant Secretary of Labor for 

Occupational Safety and Health. This 

record will consist of all of the written 

comments, oral testimony, documentary 

evidence, and other material received 

during the hearing. Following 

certification of the record, OSHA will 

review the proposed provisions in light 

of all the evidence received as part of 

the record, and then will issue the final 

determinations based on the entire 

record. 

Authority and Signature 

This document was prepared under 

the authority of Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210, 

pursuant to Sections 6(b) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655), Section 3704 of 

the Contract Work Hours and Safety 

Standards Act (40 U.S.C. 3701 et seq.), 

Secretary of Labor’s Order 5–2007 (72 

FR 31160), and 29 CFR part 1911. 

Signed at Washington, DC, this 15th day of 

September 2008. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E8–21852 Filed 9–17–08; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 294 

RIN 0596–AC74 

Special Areas; Roadless Area 

Conservation; Applicability to the 

National Forests in Colorado, 

Regulatory Risk Assessment 

AGENCY: Forest Service, USDA. 

ACTION: Proposed rule; risk assessment 

and request for comments. 

SUMMARY: On July 25, 2008, the Forest 

Service, U.S. Department of Agriculture, 

proposed to establish a State-specific 

rule to provide management direction 

for conserving Colorado roadless areas 

(73 FR 43544). This proposed rule is 

estimated to have more than 

$100,000,000 of economic impact. The 

proposed rule would satisfy the 

economic impact and subject matter 

criteria of 7 U.S.C. 2204e and thus 

requires a regulatory risk assessment. 

The Forest Service is seeking comment 

on the assessment. A copy of the 

Regulatory Risk Assessment is available 

at the national roadless Web site 

http://www.roadless.fs.fed.us. 

DATES: Comments must be received in 

writing by October 23, 2008. 

ADDRESSES: Comments on the 

Regulatory Risk Assessment may be 

incorporated into comments on the 

proposed rule. Comments may be sent 

via e-mail to 

COcomments@fsroadless.org. 

Comments also may be submitted via 

the internet at http:// 

www.regulations.gov. Written comments 

concerning this notice should be 

addressed to Roadless Area 

Conservation—Colorado, P.O. Box 

162909, Sacramento, CA 95816–2909, or 

via facsimile to 916–456–6724. All 

comments, including names and 

addresses, when provided, are placed in 

the record and are available for public 

inspection and copying. 

FOR FURTHER INFORMATION CONTACT: For 

information on the Regulatory Risk 

Assessment only, contact Ken Karkula 

at 202–205–2869. Individuals using 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m. Eastern Time, 

Monday through Friday. 

SUPPLEMENTARY INFORMATION: The Forest 

Service is proposing to establish a Statespecific rule to provide management 

direction for conserving Colorado 

roadless areas. This rule is estimated to 

have more than $100,000,000 of 

economic impact. The rule satisfies the 

economic impact and subject matter 

criteria of 7 U.S.C. 2204e and thus 

requires a regulatory risk assessment. 

This risk assessment describes the 

types of risks to the environment that 

the proposed rule is designed to reduce, 

as well as discussing the likelihood that 

the proposed rule will reduce those 

risks. Examining risk at the site-specific 

level is not practical in this assessment 

therefore this risk assessment will 

address risks at the broader 

programmatic level. 

The purpose of the proposed rule is 

to provide lasting protection, within the 

context of multiple-use management, for 

roadless areas within the National 

Forests in Colorado. The regulatory risk 

assessment assesses the degree to which 

the rule reduces the risk it was designed 

to address. In this regulatory risk 

assessment, the risk that the rule 

addresses is the risk of not providing 

lasting protection, within the context of 

multiple-use management, to the 

roadless areas within the National 

Forests in Colorado. The provisions of 

the proposed rule are intended to 

provide lasting protection; in the 

absence of the rule such protection is 

not guaranteed, as current regulatory 

direction (2001 Roadless rule) continues 

to be litigated. 

In general, all of the alternatives are 

expected to reduce the risk of not 

providing lasting protection to roadless 

areas in comparison to the condition 

where no management plans are 

implemented. Differences between the 

alternatives are based on the different 

levels of road construction and 

reconstruction, tree-cutting, and other 

activities discussed. Differences in the 

degree to which the alternatives reduce 

the risk of not providing lasting 

protection are small. Due to uncertainty 

over its legal status, Alternative 1 (2001 

Roadless Rule) presents an increased 

risk of not providing lasting protection 

over the other two alternatives since it 

is unclear whether or not the rule will 

be modified by litigation. Alternative 2 

(Proposed Colorado Roadless Rule) 

reduces the risk of not providing lasting 

protection over Alternative 3 (Forest 

Plans) due to the decreased amount of 

roading, tree-cutting, and mineral 

development over the amounts 

estimated if individual forest plans 

rather than a roadless rule controlled 

the roadless areas. 

Dated: August 28, 2008. 

Charles L. Myers, 

Associate Deputy Chief for National Forest 

System. 

[FR Doc. E8–21899 Filed 9–17–08; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R4-ES-2008-0082; 92210750083-B2] 

RIN 1018-AU85 

Endangered and Threatened Wildlife 

and Plants; Proposed Endangered 

Status for Reticulated Flatwoods 

Salamander; Proposed Designation of 

Critical Habitat for Frosted Flatwoods 

Salamander and Reticulated Flatwoods 

Salamander 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; supplemental 

information. 


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