Advisory Committee Regulation
| Published date | 18 November 2020 |
| Citation | 85 FR 73421 |
| Record Number | 2020-23620 |
| Section | Rules and Regulations |
| Court | Occupational Safety And Health Administration |
Federal Register, Volume 85 Issue 223 (Wednesday, November 18, 2020)
[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Rules and Regulations]
[Pages 73421-73423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23620]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1912
[Docket No. OSHA-2020-0010]
RIN 1218-AD33
Advisory Committee Regulation
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule.
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SUMMARY: The Maritime Advisory Committee for Occupational Safety and
Health was formed in 1995 as a discretionary committee under Section
7(b) of the Occupational Safety and Health Act of 1970 (OSH Act) to
advise, consult with, and make recommendations on matters relating to
the maritime industry. On December 20, 2019, the President signed the
National Defense Authorization Act for Fiscal Year 2020, which
establishes a Maritime Advisory Committee on Occupational Safety and
Health (MACOSH) as a statutorily-mandated entity of indefinite
duration. In this final rule, OSHA amends the regulation on advisory
committee policies and procedures to implement this change in the
authority for MACOSH.
DATES: This final rule becomes effective on December 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, OSHA Office of Communications,
Occupational Safety and Health Administration, U.S. Department of
Labor, telephone: (202) 693-1999; email: [email protected].
General information and technical inquiries: Maureen Ruskin,
Directorate of Standards and Guidance, Occupational Safety and Health
Administration, U.S. Department of Labor, telephone (202) 693-1950;
email: [email protected].
Copies of this Federal Register document: Electronic copies are
available at http://www.regulations.gov, the Federal eRulemaking
Portal. This Federal Register document, as well as news releases and
other relevant information, also are available on OSHA's web page at
http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion of Changes
III. Legal Considerations
IV. Final Economic Analysis and Regulatory Flexibility Act
Certification
V. Office of Management and Budget Review Under the Paperwork
Reduction Act of 1995
VI. Unfunded Mandates Reform Act
I. Background
The maritime industry is a high-risk industry where activities vary
from manufacturing-type work in shipyards to transportation-type work
in longshoring, as well as commercial fishing operations. Historically,
the maritime industry has experienced a high rate of work-related
fatalities, injuries, and illnesses. MACOSH was initially formed in
1995 (60 FR 8425) as a discretionary committee authorized by Section
7(b) of the OSH Act to advise, consult with, and make recommendations
to the Secretary of Labor (Secretary) on matters relating to the
maritime industry. It was preceded by the Shipyard Employment Standards
Advisory Committee, which advised OSHA on shipyard issues from 1988 to
1995. The committee name was changed to reflect the broadened scope of
advice that OSHA sought from the committee, which had been expanded to
include all types of maritime employment.
MACOSH's advisory activities support OSHA's strategic goal of
promoting safe and healthful workplaces by providing collective
industry knowledge and expertise, not otherwise readily available to
the Secretary, to assist in addressing the unique hazards found within
the maritime sector. The committee's work has led to the development of
guidance and standards to promote the reduction of injuries, illnesses,
and fatalities in the maritime industry.
On December 20, 2019, the President signed the National Defense
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) (NDAA), which
establishes an advisory committee for the maritime industry as an
entity of indefinite duration. Specifically, section 3510 of the NDAA
amended section 7 of the OSH Act (29 U.S.C. 656) by adding a paragraph
(d) to establish a Maritime Occupational Safety and Health Advisory
Committee that is a continuing body and provides advice to the
Secretary in formulating maritime industry standards and regarding
matters pertaining to the administration of the OSH Act related to the
maritime industry. Paragraph (d) further provides that the composition
of such advisory committee must be consistent with the advisory
committees established under paragraph (b) and that a member of the
advisory committee who is otherwise qualified may continue to serve
until a successor is appointed. It also allows the Secretary to
promulgate or amend regulations as necessary to implement paragraph
(d).
In order to implement the new Section 7(d) of the OSH Act, this
final rule amends the text of 29 CFR part 1912 to include an advisory
committee for the maritime industry of indefinite duration. The name of
this committee will be Maritime Advisory Committee on Occupational
Safety and Health (MACOSH). This amendment does not change the
composition of the committee, which must remain consistent with other
advisory committees established under section 7(b). However, it is
necessary to revise 29 CFR part 1912 to describe the organization and
operation of MACOSH.
This rule is not an Executive Order (E.O.) 13771 regulatory action
because this rule is not significant under E.O. 12866.
II. Discussion of Changes
OSHA's regulations, 29 CFR part 1912, Advisory Committees on
Standards, set forth the policies and procedures governing the
composition and function of OSHA advisory committees. Pursuant to the
NDAA's amendment of the OSH Act, MACOSH is now designated as a
statutorily mandated advisory committee. To implement this change, this
final rule
[[Page 73422]]
amends the purpose and scope section of part 1912 by adding MACOSH to
Sec. 1912.1(a). Section 1912.1(a) will continue to state that part
1912 covers the Advisory Committee on Construction Safety and Health,
as well as any advisory committees that may be appointed in the future
under section 7(b) of the OSH Act.
This final rule also adds a new Sec. 1912.13 to set forth the
requirements pertaining to the composition and function of MACOSH.
Paragraph (a) of this section references section 3510 of the NDAA which
establishes MACOSH. In addition, paragraph (a) specifies that MACOSH
shall provide advice to the Secretary in formulating maritime industry
standards and regarding matters pertaining to the administration of
this Act related to the maritime industry. The Secretary may seek the
advice of this committee on activities in the maritime industry related
to the priorities set by the agency, including worker training,
education, and assistance; setting and enforcing standards; and
assurance of safe and healthful working conditions for America's
working men and women in the maritime industry. While MACOSH's
membership must be consistent with that of advisory committees
appointed under section 7(b) of the OSH Act, paragraph (a) of Sec.
1912.13 states that no other committee will be established to perform
the same function, unless the issue or issues involved extend beyond
maritime activity.
This final rule adds Sec. 1912.13(b) to detail the organization of
MACOSH. Paragraph (b) states that MACOSH is a continuing advisory body,
with the makeup consistent with section 7(b) of the OSH Act. The
committee membership will be composed of 15 members appointed by the
Secretary, one of whom must be appointed as Chair. The composition of
MACOSH is as follows:
One member who is a designee of the Secretary of Health
and Human Services (paragraph (b)(1));
Equal representation of employers and employees,
consisting of at least one member who is qualified by experience and
affiliation to present the viewpoint of the employers involved, and at
least one member who is similarly qualified to present the viewpoint of
the employees involved (paragraph (b)(2));
At least one representative of state health and safety
agencies (paragraph (b)(3)); and
Other persons as the Secretary may appoint who are
qualified by knowledge and experience to make a useful contribution to
the work of the committee, including one or more representatives of
professional organizations of technicians or professionals specializing
in occupational safety or health, and one or more persons of nationally
recognized standards-producing organizations. However, the number of
such persons appointed may not exceed the number of persons appointed
as representatives of federal and state agencies. (Paragraph (b)(4)).
This final rule adds Sec. 1912.13(c), which requires that the
Committee's membership term will be for a period of two years. However,
the Secretary has the authority to remove appointees at his or her
discretion at any time. If a member resigns or is removed before his or
her term expires, the Secretary may appoint a replacement to fulfill
the remaining unexpired term of the resigned member.
This final rule adds Sec. 1912.13(d) to permit members to be
reappointed to successive terms. OSHA believes that returning members
will provide leadership by mentoring newly appointed members on the
practices and operations of the committee. In addition, membership
continuity allows projects to progress across MACOSH charters. Finally,
returning members will be familiar with agency priorities and previous
advice provided to the Secretary.
This final rule adds Sec. 1912.13(e) to permit members to continue
serving until a successor is appointed. This provision is consistent
with Sec. 1912.3(i) that applies to the Advisory Committee on
Construction Safety and Health. A member's service beyond the two-year
appointment term pending the appointment of a successor will be at the
Secretary's discretion.
Finally, this final rule adds Sec. 1912.13(f) to implement the
amendment to the OSH Act, under which MACOSH was designated a statutory
entity of indefinite duration. Paragraph (f) also specifies that the
Maritime Advisory Committee charter must be renewed every two years, in
accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C.
App. 2).
III. Legal Considerations
MACOSH is established and operates in accordance with the
provisions of FACA, as amended (5 U.S.C. App. 2), the implementing
regulations (41 CFR parts 101-6 and 102-3), and chapter 1-900 of
Department of Labor Manual Series 3 (Aug. 31, 2020).
The Department has determined that these amendments need not be
published as a proposed rule for comment under 5 U.S.C. 553(b) because
the amendments comprise a rule of agency organization, procedure, or
practice under 5 U.S.C. 553(b)(3)(A). Further, the final rule merely
implements a statutory procedural requirement and affects no private
rights or obligations, so public comment is unnecessary under 5 U.S.C.
553(b)(3)(B). Because this final rule is not substantive, and because
there is no reason to delay implementation as this rule does not
directly affect any private parties or require their compliance or
familiarization with this rule, the Department has determined that
delaying the effective date of the rule is unnecessary and good cause
exists under 5 U.S.C. 553(d) to make this rule effective immediately
upon publication in the Federal Register.
IV. Final Economic Analysis and Regulatory Flexibility Act
Certification
Executive Orders 12866 and 13563, the Regulatory Flexibility Act (5
U.S.C. 601-612), and the Unfunded Mandates Reform Act (UMRA) (2 U.S.C.
1532(a)) require that OSHA estimate the benefits, costs, and net
benefits of regulations, and analyze the impacts of certain rules that
OSHA promulgates. E.O. 13563 emphasizes the importance of quantifying
both costs and benefits, reducing costs, harmonizing rules, and
promoting flexibility.
This final rule is not an ``economically significant regulatory
action'' under Executive Order 12866, or a ``major rule'' under the
Congressional Review Act (5 U.S.C. 801 et seq.), and the impacts do not
trigger the analytical requirements of UMRA. Neither the benefits nor
the costs of this final rule would exceed $100 million in any given
year.
V. Office of Management and Budget Review Under the Paperwork Reduction
Act of 1995
The amended regulation contain no additional information-collection
or record-keeping requirements under the Paperwork Reduction Act of
1995 (PRA), 44 U.S.C. 3501 et seq., and the implementing regulations at
5 CFR part 1320.
VI. Unfunded Mandates Reform Act
These rule amendments will not result in the expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions are deemed necessary under the provisions
[[Page 73423]]
of the Unfunded Mandates Reform Act of 1995.
Authority and Signature
Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice pursuant to 29 U.S.C. 653, 655, and 656, Secretary's Order 8-
2020 (85 FR 58393; Sept. 18, 2020), National Defense Authorization Act
for Fiscal Year 2020 (Pub. L. 116-92), and FACA, as amended (5 U.S.C.
App. 2), the implementing regulations (41 CFR part 102-3), Department
of Labor Manual Series Chapter 1-900 (August 31, 2020), and 29 CFR part
1911.
Signed at Washington, DC, on October 19, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
Amendments to Regulations
For the reasons stated in the preamble, OSHA amends 29 CFR part
1912 as follows:
PART 1912--ADVISORY COMMITTEES ON STANDARDS
0
1. The authority citation for part 1912 is revised to read as follows:
Authority: 29 U.S.C. 653, 655, 656, 657; 5 U.S.C. 553; 5 U.S.C.
App. 2; 40 U.S.C. 333; Secretary of Labor's Order No. 12-71 (36 FR
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 3-2000 (65 FR 50017),
or 8-2020 (85 FR 58393), as applicable.
0
2. Section 1912.1 is amended by revising paragraph (a) to read as
follows:
Sec. 1912.1 Purpose and scope.
(a) This part prescribes the policies and procedures governing the
composition and functions of advisory committees which have been, or
may be, appointed under section 7(b) of the Occupational Safety and
Health Act of 1970 (the Act) to assist the Assistant Secretary in
carrying out the standards-setting duties of the Secretary of Labor
under section 6 of the Act. Such committees are specifically authorized
by section 7(b). This part also prescribes the policies and procedures
governing the composition and functions of the:
(1) Advisory Committee on Construction Safety and Health; and
(2) Maritime Advisory Committee on Occupational Safety and Health.
* * * * *
0
3. Add Sec. 1912.13 to read as follows:
Sec. 1912.13 Maritime Advisory Committee on Occupational Safety and
Health.
(a) This section applies to the Maritime Advisory Committee on
Occupational Safety and Health, which has been established under
section 3510 of the National Defense Authorization Act (Pub. L. 116-92,
December 20, 2019) to advise the Secretary of Labor in formulating
maritime industry standards and regarding matters pertaining to the
administration of this Act related to the maritime industry. The
composition of the Maritime Advisory Committee on Occupational Safety
and Health is consistent with that of advisory committees which may be
appointed under section 7(b) of the Act. See paragraph (c) of this
section. An additional advisory committee covering these duties will
not normally be established under section 7(b) of the Act, unless the
issue or issues involved extend beyond maritime activity. See Sec.
1912.4 concerning the general policy against duplication of activity by
advisory committees.
(b) The Maritime Advisory Committee on Occupational Safety and
Health is a continuing advisory body. It is composed of 15 members
appointed by the Secretary, one of whom is appointed as Chair. The
composition of the Advisory Committee is as follows:
(1) One member who is a designee of the Secretary of Health and
Human Services;
(2) At least one member who is qualified by experience and
affiliation to present the viewpoint of the employers involved, and at
least one member who is similarly qualified to present the viewpoint of
the employees involved. There shall be an equal number of
representatives of employers and employees involved; and
(3) At least one representative of state health and safety
agencies.
(4) The Maritime Advisory Committee on Occupational Safety and
Health may include such other persons as the Secretary may appoint who
are qualified by knowledge and experience to make a useful contribution
to the work of the committee, including one or more representatives of
professional organizations of technicians or professionals specializing
in occupational safety or health and one or more persons of nationally
recognized standards-producing organizations, but the number of persons
so appointed shall not exceed the number of persons appointed as
representatives of Federal and state agencies.
(c) Each member of the Maritime Advisory Committee on Occupational
Safety and Health shall serve for a period of two years. Appointment of
a member to the Committee for a fixed time period shall not affect the
authority of the Secretary to remove, in his or her discretion, any
member at any time. If a member resigns or is removed before his or her
term expires, the Secretary of Labor may appoint for the remainder of
the unexpired term a new member who shall represent the same interest
as his or her predecessor.
(d) Members may be appointed to successive terms.
(e) A member who is otherwise qualified may continue to serve until
a successor is appointed.
(f) There shall be filed on behalf of the Maritime Advisory
Committee on Occupational Safety and Health a charter in accordance
with the Federal Advisory Committee Act upon the expiration of each
successive two-year period.
[FR Doc. 2020-23620 Filed 11-17-20; 8:45 am]
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