Hazard Communication Standard
| Published date | 08 July 2021 |
| Citation | 86 FR 36073 |
| Record Number | 2021-14463 |
| Section | Proposed rules |
| Court | Occupational Safety And Health Administration |
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
Proposed Rules Federal Register
36073
Vol. 86, No. 128
Thursday, July 8, 2021
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Documents submitted to the docket by OSHA or
stakeholders are assigned document identification
numbers (Document ID) for easy identification and
retrieval. The full Document ID is the docket
number plus a unique four-digit code. OSHA is
identifying supporting information in this
document by author name, publication year, and
the last four digits of the Document ID.
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2019–0001]
RIN 1218–AC93
Hazard Communication Standard
AGENCY
: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION
: Proposed rule: Extension of
period to submit a notice of intent to
appear (NOITA) at informal hearing.
SUMMARY
: The period for submitting a
NOITA is being extended by 14 days
from the date of publication of this
document to allow stakeholders
interested in attending the informal
public hearing on the proposed rule
‘‘Hazard Communication Standard’’
additional time to prepare their
submissions.
DATES
: NOITAs must be submitted July
22, 2021 in Docket Number OSHA–
2019–0001.
Informal public hearing: OSHA has
scheduled an informal public hearing
on the proposed rule to be held virtually
via WebEx, beginning September 21,
2021, at 10:00 a.m., ET. If necessary, the
hearing will continue from 9:30 a.m.
until 5:00 p.m., ET, on subsequent days.
Additional information on how to
access the informal hearing will be
posted when available at https://
www.osha.gov/hazcom/rulemaking.
ADDRESSES
:
Notices of Intent to Appear: Notices of
intent to appear at the hearing, along
with any submissions and attachments,
should be submitted electronically at
https://www.regulations.gov, which is
the Federal e-Rulemaking Portal. Follow
the instructions online for making
electronic submissions. After accessing
‘‘all documents and comments’’ in the
docket (Docket No. OSHA–2019–0001),
check the ‘‘proposed rule’’ box in the
column headed ‘‘Document Type,’’ find
the document posted on the date of
publication of this document, and click
the ‘‘Comment Now’’ link. When
uploading multiple attachments to
www.regulations.gov, please number all
of your attachments because
www.regulations.gov will not
automatically number the attachments.
This will be very useful in identifying
all attachments in the preamble. For
example, Attachment 1—title of your
document, Attachment 2—title of your
document, Attachment 3—title of your
document. For assistance with
commenting and uploading documents,
please see the Frequently Asked
Questions on regulations.gov.
Instructions: All submissions must
include the agency’s name and the
docket number for this rulemaking
(Docket No. OSHA–2019–0001). 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, notices of intent to appear,
and other materials submitted in the
docket, go to Docket No. OSHA–2019–
0001 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.
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Contact the OSHA Docket Office at (202)
693–2350, (TTY (877) 889–5627) for
information about materials not
available through the website, and for
assistance in using the internet to locate
docket submissions.
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 Maureen Ruskin,
Deputy Director, Directorate of
Standards and Guidance, Occupational
Safety and Health Administration, U.S.
Department of Labor; telephone (202)
693–1873; email: ruskin.maureen@
dol.gov.
For hearing inquiries: Contact Janet
Carter, Directorate of Standards and
Guidance, Occupational Safety and
Health Administration, U.S. Department
of Labor; telephone (202) 693–2370;
email: carter.janet@dol.gov.
SUPPLEMENTARY INFORMATION
: On
February 16, 2021, OSHA published a
Notice of Proposed Rulemaking (NPRM)
to modify the Hazard Communication
Standard (HCS) to align with the United
Nations’ Globally Harmonized System
of Classification and Labelling of
Chemicals (GHS) Revision 7, to address
specific issues that have arisen since
OSHA last updated the HCS in 2012,
and to provide better alignment with
other U.S. agencies and international
trading partners, without lowering the
overall protections of the standard. The
public comment period for this NPRM
closed May 19, 2021, 92 days after
publication of the NPRM.
On May 20, 2021, OSHA issued a
notice of informal hearing on the
proposed rule. The deadline to submit
a NOITA was June 18, 2021. However,
OSHA has received a request to extend
the period due, in part, to pandemic-
related activities. OSHA agrees to an
extension and believes a 14-day
extension is sufficient and appropriate.
Therefore, the deadline for submitting a
NOITA is extended to July 22, 2021.
Notice of Intent 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
intent to appear prior to the hearing. To
testify or question witnesses at the
hearing, interested persons must
electronically submit their notice by
July 22, 2021. The notice must provide
the following information:
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36074
Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Proposed Rules
ÆName, address, email address, and
telephone number of each individual
who will give oral testimony;
ÆName of the establishment or
organization each individual represents,
if any;
ÆOccupational title and position of
each individual testifying;
ÆApproximate amount of time
required for each individual’s
testimony;
ÆA brief statement of the position
each individual will take with respect to
the issues raised by the proposed rule;
and
ÆA brief summary of documentary
evidence each individual intends to
present.
ÆIndividuals 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 August 21, 2021.
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. 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.
Authority and Signature
This document was prepared under
the direction of James S. Frederick,
Acting 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; section 304,
Clean Air Act Amendments of 1990
(Pub. L. 101–549, reprinted at 29
U.S.C.A. 655 Note); section 41,
Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 941);
section 107, Contract Work Hours and
Safety Standards Act (40 U.S.C. 3704);
section 1031, Housing and Community
Development Act of 1992 (42 U.S.C.
4853); section 126, Superfund
Amendments and Reauthorization Act
of 1986, as amended (reprinted at 29
U.S.C.A. 655 Note); Secretary of Labor’s
Order No. 8–2020 (85 FR 58383–94);
and 29 CFR part 1911.
Signed at Washington, DC, on June 30,
2021.
James S. Frederick,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2021–14463 Filed 7–7–21; 8:45 am]
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