[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Proposed Rules]
[Pages 59712-59714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16126]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2007-0073]
RIN 1218-AC91
Emergency Response Standard
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; notice of informal hearing.
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SUMMARY: OSHA is scheduling an informal public hearing on its proposed
rule ``Emergency Response Standard.'' The public hearing will begin
November 12, 2024, at 9:30 a.m. Eastern Time (ET). The proposed rule
was published in the Federal Register on February 5, 2024. The initial
public comment period was scheduled to end May 6, 2024, but was
extended to June 21, 2024, in response to numerous requests from the
public. The comment period was extended again, until July 22, 2024, due
to more extension requests from stakeholders.
DATES: Informal public hearing: The hearing will be held virtually and
will begin November 12, 2024, at 9:30 a.m. ET. If necessary, the
hearing will continue from 9:30 a.m. until 4:30 p.m., ET, on subsequent
weekdays. Additional information on how to access the informal hearing
will be posted at https://www.osha.gov/emergencyresponse/rulemaking. To
testify or question other witnesses at the hearing, interested persons
must electronically submit a Notice of Intention to Appear (NOITA) on
or before September 27, 2024. In addition, those who request more than
10 minutes for their presentation at the informal hearing and those who
intend to submit documentary evidence at the hearing must submit the
full text of their testimony, as well as a copy of any documentary
evidence, no later than October 18, 2024.
ADDRESSES: Notice of Intention to Appear (NOITA). A NOITA must be
submitted electronically at: https://www.osha.gov/emergency-response/rulemaking. Follow the instructions online for making electronic
submissions. Those who file NOITAs must also submit electronic copies
of all documents that they intend to use or reference during their
testimony. Information about how and when to submit these materials
will be provided at the time of registration.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2007-0073). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security Numbers and birthdates.
Docket: To read or download comments and other materials submitted
in the docket, go to Docket No. OSHA-2007-0073 at https://www.regulations.gov. All comments and submissions are listed in the
https://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through that website. All comments and submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank Meilinger, Director, Office of
Communications, Occupational Safety and Health Administration, U.S.
Department of Labor; telephone: (202) 693-1999; email:
meilinger.francis2@dol.gov.
For general information and technical inquiries: Contact Mark
Hagemann, Director, Office of Safety Systems, Directorate of Standards
and Guidance, Occupational Safety and Health Administration, U.S.
Department of Labor; telephone: (202) 693-2222; email:
OSHA.Emergency.Response@dol.gov.
For hearing inquiries: Contact Kathryn Marlor, Directorate of
Standards and Guidance, Occupational Safety and Health Administration,
U.S. Department of Labor; telephone: (202) 693-2222; email:
OSHA.Emergency.Response@dol.gov.
For ASL interpretation and language translation service requests:
Contact Kathryn Marlor, Directorate of Standards and Guidance,
Occupational Safety and Health Administration, U.S. Department of
Labor; telephone: (202) 693-2222; email:
OSHA.Emergency.Response@dol.gov.
SUPPLEMENTARY INFORMATION: On February 5, 2024, OSHA published a notice
of proposed rulemaking (NPRM) (89 FR 7774; 89 FR 21468, March 28, 2024;
89 FR 49119, June 11, 2024) to replace the Fire Brigades standard with
a new standard called Emergency Response. OSHA received over 2,500
comments concerning the proposed rule during the public comment period,
which ended July 22, 2024.
Witnesses are welcome to testify about any topics, issues, or
concerns they have with the proposed rule. OSHA is particularly
interested in hearing testimony regarding the following topics:
1. Firefighting services that are not primarily all-hazard/
structural, such as wildland, aircraft/airport, and marine, or others.
OSHA is particularly interested in hearing testimony related to the
appropriate treatment of each of these firefighting categories as
related to the current requirements of the proposed rule and whether or
not the unique hazards presented by each category of firefighting
warrant differential treatment.
2. Emergency medical service providers that are not fire department
based, and those that provide aerial transport.
3. Technical search and rescue service providers, particularly
those that are not fire department based such as technical water rescue
(including some lifeguards), technical wilderness/mountain search and
rescue (such as rope/high angle, ski patrol, etc.).
4. Specific recommendations for reducing the burden(s) on
volunteer/non-compensated responders.
5. Specific recommendations for excluding volunteer/non-compensated
responders.
6. Public information on the financial profile of emergency
response organizations, particularly those with a substantial volunteer
element.
7. Public information for estimating the number of employers (and
affected employees) who would be classified as Workplace Emergency
Response Employers under the proposed standard.
8. Detail on the current practice for various proposed provisions
(e.g., medical exams) among emergency response organizations.
I. Informal Public Hearing--Purpose, Rules and Procedures
Several commenters (see, e.g., Document ID 0814, 0894, 0987, 1188)
requested that OSHA hold a public hearing. OSHA has agreed to do so.
OSHA invites interested persons to participate in this rulemaking by
providing oral testimony and documentary evidence at the informal
public hearing to provide the agency with the best available evidence
to use in developing the final rule. The hearing will be fully virtual
to provide the opportunity for more stakeholders from across the
country to participate in and/or observe the hearing without the
financial and logistical burden of traveling to Washington, DC to
attend in person.
Pursuant to 29 CFR 1911.15(a) and 5 U.S.C. 553(c), members of the
public have an opportunity at the informal public hearing to provide
oral testimony and evidence on issues raised by the proposal. An
administrative law judge (ALJ) will preside over the hearing and will
resolve any procedural matters relating to the hearing.
OSHA's regulation governing public hearings (29 CFR 1911.15)
establishes the purpose and procedures of informal public hearings.
Although the presiding officer of the hearing is an ALJ and questioning
of witnesses is allowed on crucial issues, the proceeding is largely
informal and essentially legislative in purpose. Therefore, the hearing
provides interested persons with an opportunity to make oral
presentations in the absence of rigid procedures that could impede or
protract the rulemaking process. The hearing is not an adjudicative
proceeding subject to the Federal Rules of Evidence. Instead, it is an
informal administrative proceeding convened for the purpose of
gathering and clarifying information. Accordingly, questions of
relevance, procedure, and participation generally will be resolved in
favor of developing a clear, accurate, and complete record.
Although the ALJ presiding over the hearing makes no decision or
recommendation on the merits of the proposal, the ALJ has the
responsibility and authority necessary to ensure that the hearing
progresses at a reasonable pace and in an orderly manner. To ensure a
full and fair hearing, the ALJ has the power to regulate the course of
the proceedings; dispose of procedural requests, objections, and
comparable matters; confine presentations to matters pertinent to the
issues the proposed rule raises; use appropriate means to regulate the
conduct of persons present at the hearing; question witnesses and
permit others to do so; limit the time for such questioning; and leave
the record open for a reasonable time after the hearing for the
submission of additional data, evidence, comments, and arguments from
those who participated in the hearing (29 CFR 1911.16). In addition,
pursuant to 29 CFR 1911.4, the Assistant Secretary may, on reasonable
notice, issue additional or alternative procedures to expedite the
proceedings, to provide greater procedural protections to interested
persons, or to further any other good cause consistent with applicable
law.
At the close of the hearing, there will be a post-hearing comment
period during which interested persons may submit final briefs,
arguments, summations, and additional data and information to OSHA.
II. Notice of Intention To Appear at the Hearing
Interested persons who intend to provide oral testimony or
documentary evidence at the hearing must file a written NOITA prior to
the hearing and in accordance with the instructions in the ADDRESSES
section earlier in this document. To testify or question other
witnesses at the hearing, interested persons must electronically submit
their NOITA on or before September 27, 2024. The NOITA must provide the
following information:
(1) Name, address, email address, and telephone number of each
individual who will give oral testimony;
(2) Name of the establishment or organization each individual
represents, if any;
(3) Occupational title and position of each individual testifying;
and
(4) A brief statement of the position each individual will take
with respect to the issues raised by the proposed rule.
The agency will consider the information in each submission when
setting the hearing schedule. Before the hearing, OSHA will make the
hearing procedures and hearing schedule available at https://www.osha.gov/emergency-response/rulemaking and in the docket. OSHA
emphasizes that the hearing is open to the public; however, only
individuals who file a NOITA may testify at the hearing.
Witnesses will be asked to specify the approximate amount of time
requested for each individual or group's testimony (5, 10, 15, or 20
minutes). Individuals or groups who request more than 10 minutes to
present their oral testimony at the hearing or who will submit
documentary evidence at the hearing must submit the full text of their
testimony and all documentary evidence no later than October 18, 2024.
The agency will review each submission and determine if the information
it contains warrants the amount of time the individual requested for
the presentation. If OSHA believes the requested time is excessive, the
agency will allocate an appropriate amount of time for the
presentation. The agency also may limit to 5 minutes the
presentation of any participant who fails to comply substantially with
these procedural requirements and may request that the participant
return for questioning at a later time. Before the hearing, OSHA will
notify participants of the time the agency will allow for their
presentation and, if less than requested, the reasons for its decision.
III. Certification of the Hearing Record and Agency Final Determination
Following the close of the hearing and the post-hearing comment
period, the ALJ will certify the record to the Assistant Secretary of
Labor for Occupational Safety and Health. The record will consist of
all of the written comments, oral testimony, and documentary evidence
received during the proceeding. The ALJ, however, will not make or
recommend any decisions as to the content of the final standard.
Following certification of the record, OSHA will review all the
evidence received into the record and will issue the final rule based
on the record as a whole.
IV. Authority and Signature
This document was prepared under the direction of Douglas L.
Parker, Assistant Secretary of Labor for Occupational Safety and
Health, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210. It is issued under the authority of sections 4,
6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657); 5 U.S.C. 553; Secretary of Labor's Order No. 8-2020 (85
FR 58383-94); and 29 CFR part 1911.
Signed at Washington, DC, on July 17, 2024.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-16126 Filed 7-22-24; 8:45 am]
BILLING CODE 4510-26-P
