[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Proposed Rules]
[Pages 81475-81477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32764]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-H005C-2006-0870-0353]
RIN 1218-AB76


Occupational Exposure to Beryllium

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule; notice of informal public hearing.

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SUMMARY: OSHA is scheduling an informal public hearing on its proposed 
rule ``Occupational Exposure to Beryllium and Beryllium Compounds.'' 
The proposed rule was published in the Federal Register on August 7, 
2015 and the 90-day public comment period ended on November 5, 2015. 
This document describes the procedures that will govern this hearing.

DATES: Informal public hearing. The hearing will begin on February 29, 
2016 at 2 p.m. If necessary, the hearing will continue from 9:30 a.m. 
to 5:00 p.m., local time, on subsequent days, in Washington, DC.

ADDRESSES: Informal public hearing. The Washington, DC hearing will be 
held in Room N4437 A, B, C, D at the Frances Perkins Building, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.
    Notice of Intention to appear at the hearing: Interested persons 
who intend to present testimony or question witnesses at the hearing 
must submit (transmit, send, postmark, deliver) a notice of intention 
to appear, by January 29, 2016.
    Hearing testimony and documentary evidence. Interested persons who 
request more than 10 minutes to present testimony or intend to submit 
documentary evidence at the hearing must submit (transmit, send, 
postmark, deliver) the full text of their testimony and all documentary 
evidence by January 29, 2016.
    Methods of submission. All submissions must include the Agency name 
and the docket number for this rulemaking (OSHA-H005C-2006-0870-0353). 
Notices of intention to appear, hearing testimony, and documentary 
evidence may be submitted by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions online for electronically submitting materials, including 
attachments;
    Fax: If your written submission does not exceed 10 pages, including 
attachments, you may fax it to the OSHA Docket Office at (202) 693-
1648; or
    Regular mail, express delivery, hand delivery, and messenger or 
courier service: Submit your materials to the OSHA Docket Office, 
Docket No. OSHA-H005C-2006-0870-0353, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210; telephone 
(202) 693-2350 (TTY number: (877) 889-5627). Deliveries (express mail, 
hand delivery, and messenger or courier service) are accepted during 
the OSHA Docket Office's normal hours of operation, 8:15 a.m. to 4:45 
p.m., E.T.
    Instructions: All submission must include the Agency name and 
docket number for this rulemaking (OSHA-H005C-2006-0870-0353). All 
submissions, including any personal information, are placed in the 
public docket without change and may be available online at http://www.regulations.gov. Therefore, OSHA cautions you about submitting 
certain personal information such as social security numbers and birth 
dates. Because of security-related procedures, the use of regular mail 
may cause a significant delay in the receipt of your submissions. For 
information about security-related procedures for submitting materials 
by express delivery, hand delivery, messenger, or courier service, 
please contact the OSHA Docket Office. For additional information on 
submitting notices of intention to appear, hearing testimony, or 
documentary evidence, see the SUPPLEMENTARY INFORMATION section of this 
notice.
    Docket: To read or download comments, notices of intention to 
appear, and other material in the docket, go to Docket No. OSHA-H005C-
2006-

[[Page 81476]]

0870-0353 at http://www.regulations.gov. All documents in the docket 
are listed in the http://www.regulations.gov index; however, some 
copyrighted material is not publicly available to read or download 
through the Web site. All submissions and other material in the docket 
are available for public inspection and copying in the OSHA Docket 
Office. For information on reading or downloading materials in the 
docket and obtaining materials not available through the Web site, 
please contact the OSHA Docket Office.
    Electronic copies of this Federal Register notice are available at 
http://www.regulations.gov. This notice, as well as new releases and 
other relevant information, also is available at OSHA's Web site at 
http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Kimberly Darby, 
Office of Communications, Room N-3647, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone 202-693-1892.
    Technical information: Maureen Ruskin, OSHA, Office of Chemical 
Hazards-Metals, Room N-3718, U.S. Department of Labor, 200 Constitution 
Avenue NW., Washington DC 20210; telephone (202) 693-1955.
    Hearing inquiries: Gretta Jameson, OSHA, Office of Communications, 
Room N-3647; 200 Constitution Avenue NW., Washington, DC 20210; 
telephone 202-693-2176, email [email protected].

SUPPLEMENTARY INFORMATION: On August 7, 2015, OSHA published a proposed 
rule to amend its existing exposure limits for occupational exposure in 
general industry to beryllium and beryllium compounds (80 FR 47565). 
The proposed rule would promulgate a substance-specific standard for 
general industry, regulating occupational exposure to beryllium and 
beryllium compounds. OSHA accepted comments concerning the proposed 
rule during the comment period, which ended on November 5, 2015. 
Commenters shared information and suggestions on a variety of topics, 
and the Non-Ferrous Founders' Society also requested that OSHA schedule 
an informal public hearing on the proposed rule.
    Informal public hearing--purpose, rules and procedures. OSHA 
invites interested persons to participate in this rulemaking by 
providing oral testimony and documentary evidence at the informal 
public hearing. OSHA also welcomes presentation of data and documentary 
evidence that will provide the Agency with the best available evidence 
to use in developing the final rule.
    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.
    Conduct of the hearing will conform to 29 CFR 1911.15. 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. 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).
    If you submit scientific or technical studies or other results of 
scientific research, OSHA requests (but is not requiring) that you also 
provide the following information where it is available: (1) 
Identification of the funding source(s) and sponsoring organization(s) 
of the research; (2) the extent to which the research findings were 
reviewed by a potentially affected party prior to publication or 
submission to the docket, and identification of any such parties; and 
(3) the nature of any financial relationships (e.g., consulting 
agreements, expert witness support, or research funding) between 
investigators who conducted the research and any organization(s) or 
entities having an interest in the rulemaking. If you are submitting 
comments or testimony on the Agency's scientific or technical analyses, 
OSHA requests that you disclose: (1) The nature of any financial 
relationships you may have with any organization(s) or entities having 
an interest in the rulemaking; and (2) the extent to which your 
comments or testimony were reviewed by an interested party before you 
submitted them. Disclosure of such information is intended to promote 
transparency and scientific integrity of data and technical information 
submitted to the record. This request is consistent with Executive 
Order 13563, issued on January 18, 2011, which instructs agencies to 
ensure the objectivity of any scientific and technological information 
used to support their regulatory actions. OSHA emphasizes that all 
material submitted to the rulemaking record will be considered by the 
Agency to develop the final rule and supporting analyses. At the close 
of the hearing, the ALJ will establish a 45-day post-hearing comment 
period for interested persons who filed a timely notice of intention to 
appear at the hearing. During the first 30 days of the post-hearing 
period, those persons may submit final briefs, arguments, summations, 
and additional data and information to OSHA. During the remaining 15 
days, they may only submit final briefs, arguments, and summations.
    Notice of intention to appear at the hearing. Interested persons 
who intend to participate in and provide oral testimony or documentary 
evidence at the hearing must file a written notice of intention to 
appear prior to the hearing. To testify or question witnesses at the 
hearing, interested persons must submit (transmit, send, postmark, 
deliver) their notice by January 29, 2016. The notice must provide the 
following information:
     Name, address, email address, and telephone number of each 
individual who will give oral testimony;

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     Name of the establishment or organization each individual 
represents, if any;
     Occupational title and position of each individual 
testifying;
     Approximate amount of time required for each individual's 
testimony;
     A brief statement of the position each individual will 
take with respect to the issues raised by the proposed rule; and
     A brief summary of documentary evidence each individual 
intends to present.
    Participants who need projectors and other special equipment for 
their testimony must contact Gretta Jameson at OSHA's Office of 
Communications, telephone (202) 693-2176, no later than one week before 
the hearing begins.
    OSHA emphasizes that the hearing is open to the public; however, 
only individuals who file a notice of intention to appear may question 
witnesses and participate fully at the hearing. If time permits, and at 
the discretion of the ALJ, an individual who did not file a notice of 
intention to appear may be allowed to testify at the hearing, but for 
no more than 10 minutes.
    Hearing testimony and documentary evidence. Individuals 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 
(transmit, send, postmark, deliver) the full text of their testimony 
and all documentary evidence no later than January 29, 2016.
    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 10 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. 
In addition, before the hearing, OSHA will provide the hearing 
procedures and hearing schedule to each participant who filed a notice 
of intention to appear.
    Certification of the hearing record and Agency final determination. 
Following the close of the hearing and the post-hearing comment 
periods, 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.

Authority and Signature

    This document was prepared under the direction of David Michaels, 
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and 
Health, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210, pursuant to section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)), Secretary of Labor's 
Order 1-2012 (77 FR 3912), and 29 CFR part 1911.

    Signed at Washington, DC, on December 23, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-32764 Filed 12-29-15; 8:45 am]
 BILLING CODE 4510-26-P