The Assistant Secretary may promulgate, modify, or revoke a standard applicable to employments other than those in construction work, as
defined in 1910.12(b) of this chapter, in the following manner:
1911.11(a) The Assistant Secretary may request the recommendations of an advisory committee appointed under
section 7 of the Act. In such event, the Assistant Secretary shall submit to the committee any proposal of his own or of the Secretary of Health,
Education, and Welfare, together with all pertinent factual information available to him, including the results of research, demonstrations, and
experiments. The committee shall submit to the Assistant Secretary its recommendations regarding the rule to be promulgated within the period
prescribed by the Assistant Secretary, which in no event shall be longer than 270 days.
1911.11(b) The Assistant Secretary shall publish in the FEDERAL REGISTER a notice of proposed rulemaking. Where an
advisory committee has been consulted and the Assistant Secretary determines that a rule should be issued, the notice shall be published within 60
days after the submission of the committee's recommendations or the expiration of the period prescribed for such submissions, whichever date is
earlier. The notice shall include:
1911.11(b)(1) The terms of the proposed rule;
..1911.11(b)(2)
1911.11(b)(2) A reference to section 6(b) of the Act and to the appropriate section of any particular statute
applicable to the employments affected by the rule;
1911.11(b)(3) An invitation to interested persons to submit within 30 days after publication of the notice written
data, views, and arguments, which shall be available for public inspection and copying, except as to matters the disclosure of which is prohibited by
law;
1911.11(b)(4) Either the time and place of an informal hearing on the proposed rule to be held not earlier than 10
days from the last day of the period for written comments, or information to interested persons that they may file on or before the 30th day after
publication of the notice written objections to the proposed rule meeting the requirements of paragraph (c) of this section and request an Informal
hearing on the objections; and
1911.11(b)(5) Any other appropriate provisions with regard to the proceeding.
1911.11(c) Objections to be submitted pursuant to paragraph (b) of this section shall comply with the following
conditions:
1911.11(c)(1) The objections must include the name and address of the objector;
1911.11(c)(2) The objections must be postmarked on or before the 30th day after the date of publication of the
notice of proposed rulemaking;
..1911.11(c)(3)
1911.11(c)(3) The objections must specify with particularity the provision of the proposed rule to which objection
is taken, and must state the grounds therefor;
1911.11(c)(4) Each objection must be separately stated and numbered; and
1911.11(c)(5) The objections must be accompanied by a summary of the evidence proposed to be adduced at the
requested hearing.
1911.11(d) Within 30 days after the last day for filing objections, if objections are filed in substantial
compliance with paragraph (c) of this section, the Assistant Secretary shall, and in any other case may, publish in the FEDERAL REGISTER a notice of
informal hearing. The notice shall contain:
1911.11(d)(1) A statement of the time, place, and nature of the hearing;
1911.11(d)(2) A reference to the authority under which the hearing is to be held;
1911.11(d)(3) A specification of the provisions of the proposed rule which have been objected to, and on which an
informal hearing has been requested;
1911.11(d)(4) A specification of the issues on which the hearing is to be had, which shall include at least all
the issues raised by any objections properly filed, on which a hearing has been requested;
..1911.11(d)(5)
1911.11(d)(5) The requirement for the filing of an intention to appear at the hearing together with a statement of
the position to be taken with regard to the issues specified and of the evidence to be adduced in support of the position;
1911.11(d)(6) The designation of a presiding officer to conduct the hearing; and
1911.11(d)(7) Any other appropriate provisions with regard to the proceeding.
1911.11(e) Any objector requesting a hearing on proposed rule, and any interested person who files a proper
intention to appear shall be entitled to participate at a hearing.
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