Hazard Communication Standard

CourtOccupational Safety And Health Administration
Citation86 FR 36073
Record Number2021-14463
Publication Date08 Jul 2021
Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)
[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
                [Proposed Rules]
                [Pages 36073-36074]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-14463]
                Proposed Rules
                 Federal Register
                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.
                Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 /
                Proposed Rules
                [[Page 36073]]
                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
                DATES: NOITAs must be submitted July 22, 2021 in Docket Number OSHA-
                 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.
                 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
                 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.\1\ 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.
                 \1\ 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.
                 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:
                [email protected].
                 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.[email protected].
                 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:
                [email protected].
                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
                [[Page 36074]]
                 [cir] Name, address, email address, and telephone number of each
                individual who will give oral testimony;
                 [cir] Name of the establishment or organization each individual
                represents, if any;
                 [cir] Occupational title and position of each individual
                 [cir] Approximate amount of time required for each individual's
                 [cir] A brief statement of the position each individual will take
                with respect to the issues raised by the proposed rule; and
                 [cir] A brief summary of documentary evidence each individual
                intends to present.
                 [cir] 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 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]
                BILLING CODE 4510-26-P

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