Professional Documents
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(3) The smoke from a smoke source ACTION: Proposed rule; notice of hearing. • Regular mail, express delivery,
below the flight deck and passenger hand delivery, and courier service: Send
cabin must not rise above armrest height SUMMARY: OSHA is convening an submissions in triplicate (3 copies) to
on the main deck. informal public hearing to receive the OSHA Docket Office, Docket No.
(4) The smoke from a source on the testimony and documentary evidence OSHA–2007–0026, Technical Data
same level as the flight deck and on the proposed rule for Confined Center, Room N–2625, OSHA, U.S.
passenger cabin must dissipate rapidly Spaces in Construction. Department of Labor, 200 Constitution
via dilution with fresh air and be DATES: Informal Public Hearing. The Avenue, NW., Washington, DC 20210;
evacuated from the airplane. A Agency will hold the informal public telephone (202) 693–2350 (OSHA’s TTY
procedure must be included in the hearing in Washington, DC beginning number is (877) 889–5627). Note that
Airplane Flight Manual to evacuate July 22, 2008. The hearing will security-related problems may result in
smoke from the occupied areas of the commence at 10 a.m. on the first day. significant delays in receiving
airplane. In order to demonstrate that If necessary, a second or third day will submissions by regular mail. Please
the quantity of smoke is small, a flight be scheduled. The hearing will begin at contact the OSHA Docket Office for
test must be conducted which simulates 9 a.m. on subsequent days. information about security procedures
the emergency procedures used in the Notice of intention to appear to concerning delivery of materials by
event of a fire during flight, including provide testimony at the informal public express delivery, hand delivery, or
the use of Vmo/Mmo descent profiles and hearing. Parties who intend to present
courier service. The OSHA Docket
a simulated landing, if such conditions testimony at the informal public hearing
Office and Department of Labor hours of
are specified in the emergency must notify OSHA in writing of their
operation are 8:15 a.m. to 4:45 p.m., ET.
procedure. intention to do so no later than May 21,
Instructions. All submissions must
2. Requirement for fire detection in 2008.
Hearing Testimony and Documentary include the agency name and the OSHA
electrical/electronic equipment bays: docket number (i.e., OSHA–2007–0026).
(a) A smoke or fire detection system Evidence. Parties who are requesting
more than 10 minutes to present their All submissions, including any personal
compliant with §§ 25.858 and 25.855 information, are placed in the public
must be provided that will detect fire/ testimony, or who will be submitting
documentary evidence at the hearing, docket without revision, and will be
smoke within each electrical/electronic available online at http://
equipment bay. must provide the Agency with copies of
their full testimony and all documentary www.regulations.gov. Therefore, OSHA
(b) Each system must provide a visual cautions members of the public against
indication to the flight deck within one evidence they plan to present by June
20, 2008. submitting information and statements
minute after the start of a fire in an that should remain private, including
electrical/electronic equipment bay. ADDRESSES: Informal Public Hearing.
comments that contain personal
(c) Airplane flight tests must be The informal public hearing will be
held in Washington, DC, in the information (either about themselves or
conducted to show compliance with others) such as social security numbers,
these requirements, and the auditorium on the plaza level of the
Frances Perkins Building, U.S. birth dates, and medical data. For
performance of the smoke or fire additional information on submitting
detectors must be shown in accordance Department of Labor, 200 Constitution
Avenue, NW., Washington, DC. notices of intention to appear, the text
with guidance provided in the latest of testimony, and documentary
version of Advisory Circular 25–9, or Notices of intention to appear at the
hearing, hearing testimony, and evidence, see the Public Participation—
other means acceptable to the FAA. Comments and Hearings section below.
(d) A procedure to shut down all non- documentary evidence. Submit notices
of intention to appear at the informal Docket. To read or download
essential systems in the electrical/ comments or other material in the
electronic equipment bays following a public hearing, hearing testimony, and
documentary evidence, identified by the docket, go to http://www.regulations.gov
smoke detection in any electrical/ or to the OSHA Docket Office at the
electronic equipment bay must be docket number (OSHA 2007–0026) or
the regulatory information number (RIN; address above. Documents in the docket
included in the Airplane Flight Manual. are listed in the http://
1218–AB47), using any of the following
Issued in Renton, Washington, on April 11, www.regulations.gov index. However,
2008.
methods:
• Federal eRulemaking Portal: http:// some information (e.g., copyrighted
Philip L. Forde, www.regulations.gov. Follow the material) is not publicly available to
Acting Manager, Transport Airplane instructions for submitting the material. read or download through this Web site.
Directorate, Aircraft Certification Service. • Facsimile: Send submissions All submissions, including copyrighted
[FR Doc. E8–8577 Filed 4–18–08; 8:45 am] consisting of 10 or fewer pages to the material, are available for inspection
BILLING CODE 4910–13–P OSHA Docket Office at (202) 693–1648. and copying at the OSHA Docket Office.
Hard copies of these documents are not Contact the OSHA Docket Office for
required. Instead of transmitting assistance in locating docket
DEPARTMENT OF LABOR facsimile copies of attachments that submissions, including notices of
supplement these documents (e.g., intention to appear, the text of
Occupational Safety and Health studies, journal articles), submit these testimony, and documentary evidence.
Administration attachments, in triplicate hard copy, to FOR FURTHER INFORMATION CONTACT: For
the OSHA Docket Office, Technical Data general information and press inquiries,
29 CFR Part 1926 Center, Room N–2625, OSHA, U.S. contact Ms. Jennifer Ashley, Director,
Department of Labor, 200 Constitution Office of Communications, Room N–
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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules 21293
U.S. Department of Labor, 200 the hearing provides interested parties address, including a brief description of
Constitution Avenue, NW., Washington, with an opportunity to make effective the position that the individual will take
DC 20210; telephone (202) 693–2020 or and expeditious oral presentations in with respect to each of these issues; and
fax (202) 693–1689. For hearing the absence of procedural restraints that any documentary evidence the
information, contact Ms. Veneta could impede or protract the rulemaking individual will present, including a
Chatmon, Office of Communications, process. The hearing is not an brief summary of the evidence.
Room N–3647, OSHA, U.S. Department adjudicative proceeding subject to the
OSHA emphasizes that, while the
of Labor, 200 Constitution Avenue, technical rules of evidence. Instead, it is
hearing is open to the public and
NW., Washington, DC 20210; telephone: an informal administrative proceeding
interested parties are welcome to attend,
(202) 693–1999. Electronic copies of this convened for the purpose of gathering
and clarifying information. The only a party who files a proper notice
Federal Register notice, as well as news
regulations that govern the hearing, and of intention to appear may ask questions
releases and other relevant documents,
the pre-hearing guidelines issued for the and participate fully in the hearing. A
are available at OSHA’s homepage at
hearing, will ensure that participants are party who did not file a notice of
http://www.osha.gov.
treated fairly and have due process. This intention to appear may be allowed to
SUPPLEMENTARY INFORMATION: OSHA
approach will facilitate the development testify at the hearing if time permits, but
published the proposed Confined this determination is at the discretion of
Spaces in Construction Standard on of a clear, accurate, and complete
record. Accordingly, application of the presiding ALJ.
November 28, 2007 (72 FR 67351). The
period for submitting written comments these rules and guidelines will be such Hearing Testimony and Documentary
was to expire on January 28, 2008, but that questions of relevance, procedures, Evidence. OSHA will review each
was extended to February 28, 2008 (73 and participation will be decided in submission and determine if the
FR 3893). During this comment period, favor of developing a complete record. information it contains warrants the
Conduct of the Hearing. Conduct of amount of time requested. OSHA then
a number of commenters (see, e.g., Exs.
the hearing will conform to the will allocate an appropriate amount of
OSHA–2007–0026–0024.1, –0026,
provisions of 29 CFR 1911.5. Although time to each presentation, and will
–0030.1, –0032, –0027, –0032, –0057)
the ALJ presiding over the hearing notify the participants of the time
requested an informal public hearing.
makes no decision or recommendation allotted to their presentations. Prior to
With this notice, OSHA is granting these
on the merits of the NPRM or the final
requests. the hearing, the Agency will notify the
rule, the ALJ has the responsibility and
Public Participation—Comments and participant if the allotted time is less
authority to ensure that the hearing
Hearings: OSHA encourages members of than the requested time, and will
progresses at a reasonable pace and in
the public to participate in this an orderly manner. To ensure that provide the reasons for this action.
rulemaking by providing oral testimony interested parties receive a full and fair OSHA may limit to 10 minutes the
and documentary evidence at the informal hearing, the ALJ has the presentation of any participant who fails
informal public hearing. Accordingly, authority and power to: regulate the to comply substantially with these
the Agency invites interested parties course of the proceedings; dispose of procedural requirements. The Agency
having knowledge of, or experience procedural requests, objections, and also may request a participant to return
with, the issues raised in the NPRM to similar matters; confine the for questions at a later time.
participate in this process, and presentations to matters pertinent to the Certification of the record and final
welcomes any pertinent data that will issues raised; use appropriate means to determination after the informal public
provide the Agency with the best regulate the conduct of the parties who hearing. Following the close of the
available evidence to use in developing are present at the hearing; question hearing and post-hearing comment
the final rule. This section describes the witnesses, and permit others to question period, the ALJ will certify the record to
procedures the public must use to witnesses; and limit the time for such the Assistant Secretary of Labor for
schedule an opportunity to deliver oral questions. At the close of the hearing, Occupational Safety and Health. This
testimony and to provide documentary the ALJ will establish a post-hearing record will consist of all of the written
evidence at the informal public hearing. comment period for parties who comments, oral testimony, documentary
Hearing Arrangements. Pursuant to participated in the hearing. During the evidence, and other material received
section 6(b)(3) of the Occupational first part of this period, the participants during the hearing. Following
Safety and Health Act (the Act; 29 may submit additional data and certification of the record, OSHA will
U.S.C. 655), members of the public have information to OSHA, and during the
an opportunity at the informal public review the proposed provisions in light
second part of this period, they may of all the evidence received as part of
hearing to provide oral testimony submit briefs, arguments, and
concerning the issues raised in the the record, and then will issue the final
summations. determinations based on the entire
NPRM. An administrative law judge Notice of intention to appear to
(ALJ) will preside over the hearing, and record.
provide testimony at the informal public
will resolve any procedural matters hearings. Hearing participants must file Authority and Signature
relating to the hearing on the first day. a notice of intention to appear that
Purpose of the Hearing. The provides the following information: The This document was prepared under
legislative history of Section 6 of the name, address, and telephone number of the authority of Edwin G. Foulke, Jr.,
Act, as well as the Agency’s regulation each individual who will provide Assistant Secretary of Labor for
governing public hearings (29 CFR testimony; the capacity in which the Occupational Safety and Health, U.S.
1911.15), establish the purpose and Department of Labor, 200 Constitution
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21294 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules
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