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NATIONAL MARITIME SAFETY ASS'N v. OSHA.

No. 09-1050.

649 F.3d 743 (2011)

NATIONAL MARITIME SAFETY ASSOCIATION, Petitioner v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION and Secretary of Labor, Respondents. International Longshore and Warehouse Union, AFCIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2011.

Attorney(s) appearing for the Case

Francis Edwin Froelich argued the cause for the petitioner.

Edmund C. Baird , Attorney, United States Department of Labor, argued the cause for the respondents. Deborah Greenfield , Acting Deputy Solicitor, Joseph M. Woodward , Associate Solicitor, and Charles F. James , Counsel, were on brief.

Christine S. Hwang , Elizabeth Morris and Randy S. Rabinowitz were on brief for the intervenor.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

On December 10, 2008, the Occupational Safety and Health Administration (OSHA), an agency of the United States Department of Labor, published a final rule regulating vertical tandem lifts (VTLs). Longshoring and Marine Terminals; Vertical Tandem Lifts, 73 Fed.Reg. 75,246 (VTL Standard or Standard). The National Maritime Safety Association (NMSA), a trade association representing marine terminal operators, petitions for review...

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