Safety Standards Fire Protection in Shipyard Employment

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-051]

RIN 1218-AB51

Safety Standards Fire Protection in Shipyard Employment

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

Department of Labor.

ACTION: Notice of Intent to Form Negotiated Rulemaking Advisory

Committee to Develop a Proposal Rule on Fire Protection in Shipyard

Employment.

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SUMMARY: OSHA announces its intent to establish a Fire Protection in

Shipyard Employment Negotiated Rulemaking Advisory Committee (the

``Committee''), under the Federal Advisory Committee Act (FACA) and the

Negotiated Rulemaking Act (NRA), to negotiate issues associated with

the development of a Notice of Proposed Rulemaking to regulate fire

hazards in shipyard employment. The Committee will include

representatives of the parties interested in, or affected by, the

outcome of the proposed rule. OSHA also solicits interested parties to

submit their nominations for membership or requests for representation,

on the Committee.

DATES: OSHA must receive written comments and requests for membership

or representation by July 8, 1996.

ADDRESSES: Written comments should state: OSHA Docket No. S-051 and

should be sent, in quadruplicate, to the following address: OSHA Docket

Office, Rm N-2625, 200 Constitution Ave. N.W., Washington, D.C. 20210;

Telephone (202) 219-7894.

Requests or recommendations for membership or representation on the

Committee should be sent to: OSHA, Office of Maritime Standards, Room

N-3621, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Phone

(202) 219-7234, fax (202) 219-7477.

FOR FURTHER INFORMATION CONTACT: Ann Cyr, Acting Director; OSHA, Office

of Information and Consumer Affairs, Room N-3647, U.S. Department of

Labor; 200 Constitution Avenue, N.W.; Washington, D.C., 20210;

Telephone: (202) 219-8151.

SUPPLEMENTARY INFORMATION:

I. Background

Fire protection in shipyard employment has been regulated by OSHA's

general industry standards for fire protection, 29 CFR 1910.155 through

1910.165, Subpart L, and section (5)(a)(1), the General Duty Clause of

the OSH Act, which requires each employer to,

furnish to each of his employees employment and a place of

employment which are free from recognized hazards causing or likely

to cause death or serious physical harm.

The general industry standards primarily address landside shipyard

operations. The general industry standards in Subpart L address: fire

brigades; portable fire extinguishers; standpipe and hose systems;

automatic sprinkler systems; fixed extinguishing systems; fire

detection systems; and employee alarm systems.

Because no specific standards cover work performed on board vessels

and vessel sections, OSHA has used the General Duty Clause of the Act

to address fire safety hazards aboard vessels. When the General Duty

Clause is used, the Agency must determine how it can be applied. In

other words, OSHA must ascertain what the employer must do to protect

his or her employees from the hazards of fire and how the Agency can

make sure the employer is providing that protection. In these

situations, OSHA typically relies upon standards promulgated by other

branches of the Federal Government such as the Coast Guard, along with

guidelines developed by professional associations such as the National

Fire Protection Association, (NFPA), and the Marine Chemists

Association, (MCA) that have, in effect, become industry practice, to

set forth the hazards and feasible means of abatement. In an

enforcement action, the Agency would cite the employer for a violation

of section 5(a)(1) of the Act. To prove a violation of section 5(a)(1)

OSHA must show, among other things that a serious hazard is recognized

by the employer's industry or the employer and that there is a feasible

and useful method for abating the hazard. Although OSHA's enforcement

under the General Duty Clause has reduced the risk of fire on board

vessels, some risk remains.

The Agency believes a standard promulgated under section 6(b) of

the Act will more effectively reduce these risks. The OSH Act intends

that OSHA issue occupational safety standards to make clear what is

necessary to protect employees and to inform employers of their

specific obligations. In addition, a standard is more protective of

employees than an enforcement program based upon a general provision;

consequently, greater reduction of risks are achieved. Third,

[[Page 28825]]

because a standard would be much more specific than current

requirements, employers and employees are given more guidance in

carrying out the goal of protecting workers. Finally, use of the

General Duty Clause imposes a heavy litigation burden on OSHA. For all

these reasons, OSHA has concluded workers on board vessels need the

protection of an OSHA standard on fire protection.

Extending application of the current general industry standards to

all shipyard employment would not be appropriate for the following

reasons. First, most of the provisions in the general industry

standards have been in effect since 1980. They need to be reviewed and

revised to take into account technological advances that could affect

fire protection in shipyard employment. Secondly, shipyard employment

encompasses many tasks and work sites that are unique to the maritime

industry. Employers, labor representatives and professional and trade

associations have repeatedly asked OSHA to allow all shipyard

employment to be covered by the same standards. They point out that the

work situations found within shipyard employment have more in common

with each other than with those in general industry. They assert that

the hazards and methods of controlling the hazards are similar

throughout the shipyard. Finally, they say that because the work on

land and aboard the vessels is located within the same area and

performed by the same workforce, fire protection services are provided

by the same in-yard/plant or out-of-yard fire crews to all areas of

shipyard employment. They believe that allowing these crews to follow

the same standard will enable them to be more effective in their

prevention and response activities. OSHA agrees and has preliminarily

concluded that a single new standard addressing fire hazards for all

shipyard employment, on land and on board vessels, will provide the

best protection for employees.

In 1991, the Shipyard Employment Standards Advisory Committee

(SESAC) began work on regulating the hazard of fire for all shipyard

employment. SESAC was formed to provide OSHA with guidance in revising,

consolidating and modernizing the varying sets of regulation that were

being applied in the shipyard industry into what would ultimately

become a vertical standard for all shipyard employment. The SESAC

Subcommittee on Fire Protection, after reviewing pertinent federal

regulations and guidelines issued by professional associations, drafted

a shipyard employment fire protection standard. The draft was adopted

by SESAC and given to OSHA for its consideration. SESAC's draft, which

combines the materials they reviewed and includes comments from the

workgroup participants, sets forth many of the components necessary for

a comprehensive fire protection standard. However, because not all of

its provisions are written in regulatory language and because the

provisions do not address all of the issues that need to be considered

in an OSHA rulemaking, the draft cannot be proposed as it is written.

However, OSHA has concluded that the SESAC draft is an excellent

starting point for development of a fire protection standard for

shipyard employment. OSHA anticipates it will be a key resource for

participants in the rulemaking.

The Shipyard workgroup of the Maritime Advisory Committee on

Occupational Safety and Health (MACOSH) briefly discussed fire

protection and negotiated rulemaking at their September 1995, meeting

in New Orleans. Members urged OSHA to proceed with a fire protection

standard; with some members suggesting the Shipyard workgroup take up

fire protection issues if OSHA was unable to do a fire protection

negotiated rulemaking.

OSHA has decided to use the negotiated rulemaking (Neg/Reg process

to develop a proposed standard for fire protection covering all

shipyard employment. The most important reason for using Neg/Reg is

that the shipyard stakeholders from all sectors strongly support

consensual rulemaking efforts like negotiated regulation. OSHA believes

this process will be less adversarial than regular rulemaking and will

result in a proposal that will effectively protect employees.

The negotiated rulemaking effort described in this Notice will be

conducted in accordance with the Department of Labor's approved policy

on negotiated rulemaking. For further detail about the Department's

negotiated rulemaking policy, please consult the ``Notice of Policy of

Use of Negotiated Rulemaking Procedures by Agencies of the Department

of Labor'' published in the Federal Register on December 29, 1992 (57

FR 61925).

A. The Concept of Negotiated Rulemaking

Usually, OSHA develops a rulemaking proposal using staff and

consultant resources. The concerns of affected parties are made known

through various informal contacts, the circulation of a draft proposal

to known affected parties for their informal comment, through advance

notices of proposed rulemaking published in the Federal Register, or

formal consultation with an advisory committee such as the Maritime

Advisory Committee on Occupational Safety and Health (MACOSH). After

the notice of proposed rulemaking is published for comment, affected

parties, including the Agency, submit arguments and data supporting

their positions. All communications from affected parties are directed

to the Agency. In general, there is not much communication among

parties representing different interests, except during cross

examination conducted at a rulemaking hearing.

Many times, effective regulations have resulted from such a

process. However, as Congress noted in the Negotiated Rulemaking Act (5

U.S.C. 581) current rulemaking procedures may ``discourage the affected

parties from meeting and communicating with each other, and may cause

parties with different interests to assume conflicting and antagonistic

positions * * *'' (Sec. 2(2)). Congress also stated that ``adversarial

rulemaking deprives the affected parties and the public of the benefits

of face-to-face negotiations and cooperation in developing and reaching

agreement on a rule. It also deprives them of the benefits of shared

information, knowledge, expertise, and technical abilities possessed by

the affected parties.'' (Sec. 2(3)).

Using negotiated rulemaking to develop the proposed rule is

fundamentally different. Negotiated rulemaking is a process in which a

proposed rule is developed by a committee composed of representatives

of all those interests that will be significantly affected by the rule.

Decisions are made by consensus, which generally require concurrence

among the interests represented.

The process is started by the Agency's careful identification of

all interests potentially affected by the rulemaking under

consideration. To help in this identification process, the Agency

publishes a notice in the Federal Register, such as this one, which

identifies a preliminary list of interests and requests public comment

on that list.

Following receipt of the comments, the Agency establishes an

advisory committee representing these various interests to negotiate a

consensus on the terms of a proposed rule. Representation on the

committee may be direct, that is, each member represents a specific

interest, or may be indirect, through coalitions of parties formed for

this purpose. The Agency is a member of the

[[Page 28826]]

committee representing the Federal government's own set of interests.

The negotiated rulemaking (Neg/Reg) advisory committee is chaired

by a trained mediator, who facilitates the negotiation process. The

role of this mediator, also called a facilitator, is to apply proven

consensus building techniques to the OSHA advisory committee setting.

The many functions that he or she will perform are discussed below.

Once a Neg/Reg advisory committee reaches consensus on the

provisions of a proposed rule, the Agency, consistent with its legal

obligations, uses such consensus as the basis of its proposed rule, to

be published in the Federal Register. This provides the required public

notice and allows for a public comment period. Other participants and

other interested parties retain their rights to comment, participate in

an informal hearing (if requested) and judicial review. OSHA

anticipates, however, that the preproposal consensus agreed upon by

this Committee will effectively narrow the issues in the subsequent

rulemaking to only those which truly remain in controversy.

B. Selecting Subpart P as a Candidate for Negotiated Rulemaking

The Negotiated Rulemaking Act allows the agency to establish a

negotiated rulemaking committee if it is determined that the use of the

negotiated rulemaking procedure is in the public interest. As noted

above in the Background part of this document, OSHA has made such a

determination.

OSHA bases this determination, not only on the appropriateness of

the subject to negotiated rulemaking and the support of affected

parties, but also on its own prior experience with the negotiated

rulemaking process. Even before the NRA was enacted, OSHA conducted

negotiated rulemaking for its complex health standard for

Methylenedianiline (MDA). This committee met seven times over a 10-

month period (24 meeting days) and successfully negotiated standards

for both general industry and construction. The final standards were

ultimately based on the recommended proposed standards, and no

litigation followed the standards' promulgation. In addition, OSHA's

Steel Erection Negotiated Rulemaking Advisory Committee is completing

its work and is ready to propose a revised standard for steel erection

in construction, 29 CFR part 1926, Subpart R.

Discussions held between OSHA staff and many interested parties

lend further evidence that the elements necessary for a successful

negotiated rulemaking on fire protection in shipyard employment exist.

Moreover, the Agency believes that most of the selection criteria

listed in the NRA (5 U.S.C. 563(a)) are met. There is a recognized need

to promulgate fire protection requirements that would apply to all

shipyard employment. Interests that will be affected by the new fire

protection standard are known, as limited in number, and to a

significant degree, are already organized in interest-based coalitions.

Finally, parties representing significant interests have requested that

OSHA begin negotiated rulemaking on subpart P. The need for a new

standard is acknowledged by all known interests. The Agency believes

that reaching consensus on work practices and specifications for fire

protection in shipyard employment is highly promising. OSHA expects

that all persons likely to be significantly affected by such a standard

will negotiate in good faith.

C. Agency Commitment

In initiating this Neg/Reg process, OSHA is making a commitment on

behalf of the Department of Labor that the Agency and all other

participants within the Department will provide adequate resources to

ensure timely and successful completion of the process. This commitment

includes making the process a priority activity for all

representatives, components, officials, and personnel of the Department

who need to be involved the rulemaking, from the time of initiation

until such time as a final rule is issued or the process is expressly

terminated. Once the process has been initiated, all representatives,

components, officials and personnel of the Department shall be expected

to act in accordance with this commitment.

As provider of administrative support, OSHA will take steps to

ensure that the negotiated rulemaking committee has the dedicated

resources it requires to complete its work in a timely fashion. These

include the provision or procurement of such support services as:

properly equipped space adequate for public meetings and caucuses;

logistical support and timely payment of participant travel and

expenses where necessary, as provided for under the NRA: work

processing, information dissemination, storage and other information

handling services required by the committee; the service of a

facilitator; and such additional statistical, economic, health, safety,

legal, computing or other technical assistance as may be necessary.

OSHA, to the maximum extent possible consistent with the legal

obligations of the Agency, will use the consensus of the Committee as

the basis for the rule proposed by the Agency for public notice and

comment. The Agency believes that by promulgating a standard for fire

protection, it can limit or reduce the number of deaths and injuries to

employees engaged in shipyard employment who are exposed to a

significant risk of injury and death because of the lack of specific

applicability of certain provisions in the general industry standards

and because a large number of shipyard employees are not protected by

any OSHA fire protection standards. The Agency, therefore, is committed

to publishing a consensus proposal that is consistent with OSHA's legal

mandates.

D. Negotiating Consensus

As discussed above, the negotiated rulemaking process is

fundamentally different from the usual development process for OSHA

proposed rules. Negotiation allows all the parties to discuss possible

approaches to various issues rather than only asking them to respond to

details in an OSHA proposal. The negotiation process involves a mutual

education of the parties by each other on the practical concerns about

the impact of such approaches. Each committee member participates in

resolving the interests and concerns of other members, rather than

leaving it up to OSHA to bridge different points of view.

A key principle of negotiated rulemaking is that agreement is by

consensus of all the interests. Thus, no one interest or group of

interests is able to control the process. The NRA defines consensus as

the unanimous concurrence among interests represented on a negotiated

rulemaking committee, unless the committee itself unanimously agrees to

use a different definition. In addition, experience has demonstrated

that using a trained mediator to facilitate this process will assist

all potential parties, including OSHA, to identify their real interests

in the rule and so be able to reevaluate previously stated positions on

issues involved in this rulemaking effort.

E. Some Key Issues for Negotiation

OSHA expects key issues to be addressed as part of these

negotiations will include:

1. Scope and Application

Should Subpart P apply to all shipyard employment? How will

standard affect out-of-yard/plant

[[Page 28827]]

firefighters such as those employed by a municipal fire department?

2. Controls and Work Practices

What controls and work practices will provide adequate protection

for employees? Should OSHA require hot work permits? Should OSHA

require training for all fire fighters? Should OSHA incorporate U.S.

Coast Guard regulations in this standard? Is there any difference in

controls and work practices on landside vs. onboard vessels and vessel

sections? Should OSHA require the employer to secure (deactivate) all

fire fighting systems onboard vessels when they arrive in the yard?

3. Fire Brigades

Should OSHA require each shipyard to have an in-yard/plant fire

brigade?

4. Written Fire Plans

Should OSHA require written fire plans for landside and onboard

vessels? If so, what provisions need to be included in the plans?

Should OSHA include a requirement for de-watering (removal of

firefighting water from the vessel) of vessels when fighting a fire on

board a vessel?

5. Technological Advances

What advances in fire technology have occurred since OSHA's general

industry standards were promulgated? Which of these advances should be

incorporated into the shipyard standard?

6. Costs of Fire Protection

What costs would be incurred by shipyards in meeting the various

provisions of a new standard? Calculations should include costs of

acquiring new equipment, instituting new engineering controls and work

practices, and costs of training employees. Are there cost savings or

other benefits that could be expected with the promulgation of

identical rules for all of shipyard employment? If so, what would be

the magnitude of savings?

7. Appendices

Should OSHA include an appendix or appendices and, if so, should it

(they) be mandatory?

II. Proposed Negotiation Procedures

The following proposed procedures and guidelines may be augmented

as a result of comments received in response to this notice or during

the negotiation process.

A. Committee Formation

This negotiated rulemaking Committee will be formed and operated in

full compliance with the requirements of the Federal Advisory Committee

(FACA) in a manner consistent with the requirements of the Negotiated

Rulemaking Act (NRA).

B. Interests Involved

The Agency intends to conduct negotiated rulemaking proceedings

with particular attention to ensuring full and adequate representation

of those interests that may be significantly affected by the proposed

rule. Section 562 of the NRA defines the term ``interest'' as follows:

(5) ``interest'' means, with respect to an issue or matter multiple

parties which have a similar point of view or which are likely to be

affected in a similar manner.

The following interests have been tentatively identified as

``significantly affected'' by the matters that may be included in the

proposed rule:

Shipyard owners;

Contractors;

Labor organizations representing employees who perform fire protection

work;

Fire fighters, both in yard/plant and municipal;

Government entities, particularly the Navy and the Coast Guard;

Professional associations; and

Manufacturers and suppliers of fire protection equipment.

One purpose of this document is to determine whether a standard

regulating fire hazards in shipyard employment would significantly

affect interests that are not listed above. OSHA invites comment and

suggestions on this list of ``significantly affected'' interests.

In this regard, the Department of Labor recognizes that the

regulatory actions it takes under its programs may at times affect

various segments of society in different ways, and that this may in

some cases produce unique ``interests' in a proposed rule based on

income, gender, or other factors. Particular attention will be given by

the Department to ensure that any unique interests that have been

identified in this regard, and that may be significantly affected by

the proposed rule, are fully represented.

C. Members

The negotiating group should not exceed 25 members, and 15 would be

preferable. The Agency believes that more than 25 members would make it

difficult to conduct effective negotiations.

OSHA is aware that there are many more potential participants,

whether they are listed here or not, than there are membership slots on

the Committee. The Agency does not believe, nor does the NRA

contemplate, that each potentially affected group must participate

directly in the negotiations; nevertheless, each affected interest can

be adequately represented. In order to have a successfully negotiation,

it is important for interested parties to identify and form coalitions

that adequately represent significantly affected interests. These

coalitions, in order to provide adequate representation must agree to

support, both financially and technically, a member to the Committee

whom they will choose to represent their ``interest.''

It is very important to recognize that interested parties who are

not selected to membership on the Committee can make valuable

contributions to this negotiated rulemaking effort in any of several

ways:

The person could request to be placed on the Committee mailing

list, submitting written comments, as appropriate;

The person could attend the Committee meetings, which are open to

the public, caucus with his or her interest's member on the Committee,

or even address the Committee (usually allowed at the end of an issue's

discussion or the end of the session, as time permits; or

The person could assist in the work of a workgroup that might be

established by the Committee.

Informal workgroups are usually established by an advisory

committee to assist the Committee in ``staffing'' various technical

matters, e.g., researching or preparing summaries of the technical

literature or comments on particular matters such as economic issues

before the Committee so as to facilitate Committee deliberations. They

might also assist in estimating costs and drafting regulatory text on

issues associated with the analysis of the affordability and benefits

addressed, and formulating drafts of the various provisions and their

justification previously developed by the committee. Given their

staffing function, workgroups usually consist of participants who have

expertise or particular interest in the technical matter(s) being

studied.

Becuase it recognizes the importance of this staffing work for the

Committee, OSHA will provide appropriate technical expertise for such

workgroups.

Requests for appointment to membership on the Committee are

solicited. Members can be individuals

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or organizations. If the effort is to be fruitful, participants should

be able to fully and adequately represent the viewpoints of their

respective interests. Those who wish to be appointed as members of the

Committee should submit a request to OSHA, in accordance with the

Public Participation part of this document.

The following list includes those who have been tentatively

identified by OSHA as being either a potential member of the Committee,

or a potential member of a coalition that would in turn nominate a

candidate to represent one of the significantly affected interests

listed above:

Shipyard owners;

Contractors;

Labor organizations representing employees who perform fire protection

work;

Fire fighters, both in yard/plant and municipal;

Government entities, particularly the Navy and the Coast Guard;

Professional associations; and

Manufacturers and suppliers of fire protection equipment.

This list of potential parties is not presented as a complete or

exclusive list from which committee members will be selected, nor does

inclusion on the list of potential parties mean that a party on the

list has agreed to participate as a member of the Committee or as a

member of a coalition. The list merely indicates parties that OSHA has

tentatively identified as representing significantly affected interests

in the outcome of the subpart P negotiated rulemaking. This document

gives notice of this process to other potential participants and

affords them the opportunity to request representation in the

negotiations. The procedure for requesting such representation is set

out under the Public Participation part of this document, below. In

addition, comments and suggestions on this tentative list are invited.

D. Good Faith Negotiation

Committee members should be willing to negotiate in good faith and

have the authority to do so. The first step is to ensure that each

member has good communications with his or her constituencies. An

intra-interest network of communication should be established to bring

information from the support organization to the member at the table,

and to take information from the table back to the support

organization. Second, each organization or coalition should, therefore,

designate as its representative an official with credibility and

authority to insure that needed information is provided and decisions

are made in a timely fashion. Negotiated rulemaking efforts can require

a very significant contribution of time by the appointed members that

must be sustained for up to a year. Other qualities that can be very

helpful are negotiating experience and skills, and sufficient technical

knowledge to participate in substantive negotiations.

Certain concepts are central to negotiating in good faith. One is

the willingness to bring all issues to the bargaining table in an

attempt to reach a consensus, instead of keeping key issues in reserve.

The second is a willingness to keep the issues at the table and not

take them to other forums. Finally, good faith includes a willingness

to move away from the type of positions usually taken in a more

traditional rulemaking process, and instead explore openly with other

parties all ideas that may emerge from the discussions of the

Committee.

E. Facilitator

This individual will not be involved with the substantive

development of the standard. Rather, the facilitator's role generally

includes:

Chairing the meetings of the committee in an impartial

manner;

Impartially assisting the members of the Committee in

conducting discussions and negotiations;

Performing the duties of the Designated Federal Official

under FACA; and

Acting as disclosure officer for Committee records under

the Freedom of Information Act (FOIA).

F. OSHA Representative

The OSHA representative will be a full and active participant in

the consensus building negotiations. The representative will meet

regularly with various senior OSHA officials, briefing them on the

negotiations and receiving their suggestions and advice, in order to

effectively represent the Agency's views regarding the issues before

the Committee. OSHA's representative will also ensure that the entire

spectrum of governmental interests affected by the subpart P

rulemaking, including the office of Management and Budget and other

Departmental offices, is kept informed of the negotiations and

encouraged to make their concerns known in a timely fashion. OSHA's

representative will also communicate with MACOSH on a regular basis,

informing it of the status and content of the negotiations.

In addition, the OSHA representative will present the negotiators

with the accumulated record evidence gathered on issue-by-issue basis

for their consideration. (The Committee may also consult OSHA's

representative with regard to the Agency's regulatory needs,

appropriate boundaries of consideration, or technical information. Such

information could include the areas of technological feasibility and

economic concerns, including direct and indirect costs of compliance).

The OSHA representative, together with the facilitator, will also be

responsible for coordinating the administrative and committee support

functions to be performed by OSHA's support team.

G. Committee Notice

After evaluating the comments on this announcement and the requests

for representation, OSHA will issue a notice that will announce the

establishment of the Committee and its membership, unless after

reviewing the comments, it is determined that such an action is

inappropriate. The negotiation process will begin once the Committee

membership roster is published in the Federal Register.

H. Tentative Schedule

Included in the notice establishing the Committee will be a

proposed schedule of the meetings. The first meeting will focus largely

on procedural matters, including the proposed ground rules. These will

include agreement on dates, times, and locations of future meetings,

and identification and determination of how best to address principal

issues for resolution.

I. Record of Meetings

In accordance with FACA's requirements, the facilitator will keep

minutes and a record of all Committee meetings. This record will be

placed in the public docket No. S-051 for this rulemaking. Committee

meetings will be announced in the Federal Register and will generally

be open to the public.

J. Agency Action

As noted above, the Agency intends to use the Committee's consensus

as the basis for the NPRM. OSHA expects to issue the proposed rule

developed by the Committee, unless the consensus is inconsistent with

OSHA's statutory authority or is not appropriately justified. In that

event, the Agency will explain the reason for its decision.

K. Committee Procedures

Under the general guidance and direction of the facilitator, and

subject to any applicable legal requirements, appropriate detailed

procedures for committee meetings will be established. Committee

members will be presented

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with proposed ground rules and agendas prior to the first meeting.

III. Public Participation

Since this will be a negotiated rulemaking, there are many

opportunities for an individual who is interested in the outcome of the

rule to participate. As a first step in response to this notice of

intent to negotiate, OSHA recommends that potential participants study

the two lists contained in this notice: the lists of significantly

affected interests and the lists of potential participants. After

analyzing for completeness or over or under-inclusiveness, parties

should examine the lists for the purpose of coalition building.

Potential parties should try to identify others, whether on the lists

or not, who share a similar viewpoint and who be affected in a similar

way by the rule. Communication with these parties of similar interest

should follow, and the organization of coalitions to support the

interest should begin. It is only after the formation of these

coalitions and extensive intra-constituency discussion that decisions

should be made as to which individuals should represent the interest

and in which capacity. As indicated above, an interested party may

participate in a variety of ways such as being a committee member,

working within the coalition (promoting communication, providing expert

support in a workgroup or otherwise, helping to develop internal ranges

of acceptable alternatives, etc.), attending committee meetings in

order to caucus with the interest's member of address the Committee at

the appropriate times, or submitting written comments or materials.

Persons who will be significantly affected by the subpart P

rulemaking, whether or not listed above in this document, may apply for

or nominate another person for membership on the Committee to represent

such interests. Such requests should be submitted, in quadruplicate, to

OSHA Docket Office, Rm N-2625, 200 Constitution Ave. N.W., Washington,

D.C., 20210; Telephone (202) 219-7894, no later than July 8, 1996. OSHA

notes that the NRA addresses the concerns of potential members for whom

the expenses of participation may not be affordable (See 5 U.S.C. 568

(c)). Each application or nomination shall include:

(1) The name of the applicant or nominee and a description of the

interest such person shall represent;

(2) Evidence that the applicant or nominee is authorized to

represent parties having the shared interest the person proposes to

represent; and

(3) A written commitment that the applicant or nominee shall

actively participate in good faith in the development of the rule under

consideration.

All other written comments, including comments on the

appropriateness of using negotiated rulemaking to develop a proposed

rule to revise the existing safety provisions in 29 CFR Part 1915

subpart P, should be directed to Docket No. S-051, and sent in

quadruplicate to the following address: OSHA Docket Office, U.S.

Department of Labor, Rm. N-2625, 200 Constitution Ave., N.W.,

Washington, D.C. 20210; Telephone (202) 219-7894.

IV. Authority

This document was prepared under the direction of Joseph A. Dear,

Assistant Secretary of Labor for Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C.

20210, pursuant to section 3 of the Negotiated Rulemaking Act of 1990,

104 Stat. 4969, Title 5 U.S.C. 561 et seq.

Signed at Washington, D.C., this 30th day of May, 1996.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 96-14090 Filed 6-5 -96; 8:45 am]

BILLING CODE 4510-26-M