Oregon State Plan; Approval of Plan Supplement; Change in Level of Federal Enforcement: Crater Lake National Park, 2885-2886 [06-282]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 71, Number 11 (Wednesday, January 18, 2006)]
[Rules and Regulations]
[Pages 2885-2886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-282]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952


Oregon State Plan; Approval of Plan Supplement; Change in Level 
of Federal Enforcement: Crater Lake National Park

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

ACTION: Final rule.

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SUMMARY: This document gives notice of OSHA's approval of a change to 
the state of Oregon's occupational safety and health state plan to 
exclude coverage of private sector contractors at Crater Lake National 
Park. Accordingly, Federal OSHA will exercise enforcement authority 
over such employers. OSHA is amending its description of the state plan 
to reflect this change in the level of Federal enforcement in the 
state.

DATES: Effective January 18, 2006.

FOR FURTHER INFORMATION CONTACT: Barbara E. Bryant, Director, Office of 
State Programs, Directorate of Cooperative and State Programs, Room N-
3700, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone (202) 693-2244. An electronic copy of 
this Federal Register notice is available on OSHA's Web site at https://
www.osha.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 18 of the Occupational Safety and Health Act of 1970 (the 
Act), 29 U.S.C. 667, provides that states which wish to assume 
responsibility for developing and enforcing their own occupational 
safety and health standards may do so by submitting, and obtaining 
Federal approval of, a state plan. State plan approval occurs in stages 
which include initial approval under Section 18(c) of the Act and, 
ultimately, final approval under Section 18(e).
    The Oregon Occupational Safety and Health State Plan was initially 
approved under Section 18(c) of the Act and Part 1902 on December 22, 
1972 (37 FR 28628, Dec. 28, 1972). The Oregon program (Oregon OSHA) is 
administered by the Occupational Safety and Health Division of the 
Oregon Department of Consumer and Business Services. On May 12, 2005, 
OSHA awarded final approval to the Oregon State Plan pursuant to 
Section 18(e) and amended Subpart R of 29 CFR part 1952 to reflect the 
Acting Assistant Secretary's decision (70 FR 24947). As a result, OSHA 
relinquished its authority with regard to occupational safety and 
health issues covered by the Oregon State Plan (with the exception of 
temporary labor camps). Federal OSHA retained its authority over safety 
and health in private sector establishments on Indian reservations and 
tribal trust lands, including tribal and Indian-owned enterprises; 
Federal agencies; the U.S. Postal Service and its contractors; 
contractors on U.S. military reservations, except those working on U.S. 
Army Corps of Engineers dam construction projects; and private sector 
maritime employment on or adjacent to navigable waters, including 
shipyard operations and marine terminals.
    Federal OSHA has determined that Oregon's Crater Lake National 
Park, established in 1902, became an area of ``exclusive Federal 
jurisdiction'' by an act of Congress on August 21, 1916 (39

[[Page 2886]]

Stat. 521), in response to an act by the Oregon state legislature on 
January 25, 1915, ceding to the United States exclusive jurisdiction 
over all lands within Crater Lake National Park. Accordingly, OSHA 
officials informed Oregon OSHA of OSHA's determination. Federal OSHA 
officials also met on August 16, 2005 with the Crater Lake National 
Park superintendent, his staff and contractors working at the Park to 
inform them that Federal OSHA had jurisdiction over both the Federal 
employees and private sector contractors at Crater Lake. By e-mail of 
August 23, 2005, from Michele Patterson, Deputy Administrator, Oregon 
Occupational Safety and Health Division (OR-OSHA) to Richard Terrill, 
Regional Administrator, the state of Oregon agreed that the state did 
not have authority to regulate private sector contractors in the Park 
and that Federal OSHA should exercise jurisdiction over all employees 
(except state and local government employees, should there be any) at 
Crater Lake National Park.
    Accordingly, Crater Lake National Park is deemed to be an issue no 
longer covered by the Oregon State Plan, and Federal OSHA is assuming 
jurisdiction and enforcement responsibility for all private sector as 
well as Federal employees at the Park. OSHA is also amending its 
description of the state plan to reflect this change in the level of 
Federal enforcement.

B. Location of Supplement for Inspection and Copying

    A copy of the documents referenced in this notice may be obtained 
from: Office of State Programs, Directorate of Cooperative and State 
Programs, Occupational Safety and Health Administration, Room N3700, 
200 Constitution Avenue, NW., Washington, DC 20210, (202) 693-2244, fax 
(202) 693-1671; Office of the Regional Administrator, Occupational 
Safety and Health Administration, 1111 Third Avenue, Suite 715, 
Seattle, Washington 98101-3212; and the Oregon Occupational Safety and 
Health Division, Department of Consumer and Business Services, 350 
Winter Street, NE., Room 430, Salem, Oregon 97310. Other information 
about the Oregon State Plan is posted on the state's Web site at http:/
/www.cbs.state.or.us/external/osha/. Electronic copies of this Federal 
Register notice are available on OSHA's Web page at https://
www.osha.gov/.

C. Public Participation

    Under 29 CFR 1953.3(e), the Assistant Secretary may prescribe 
alternative procedures to expedite the review process or for other good 
cause which may be consistent with applicable laws. Federal OSHA and 
the state of Oregon have determined that all employers and employees 
(except state and local government employees, should there be any) at 
Crater Lake National Park are subject to Federal jurisdiction. This 
change to Federal jurisdiction has been communicated to Park 
authorities and their contractors and is already in effect. 
Accordingly, OSHA finds that further public participation is 
unnecessary, and this notice of approval is effective upon publication 
in the Federal Register.

List of Subjects in 29 CFR Part 1952

    National parks, Intergovernmental relations, Law enforcement, 
Occupational safety and health.

    Signed at Washington, DC, this 3rd day of January 2006.
Jonathan L. Snare,
Acting Assistant Secretary.


0
Part 1952 of 29 CFR is hereby amended as follows:

PART 1952--[AMENDED]

0
1. The authority section for part 1952 continues to read as follows:

    Authority: Section 18 of the OSH Act (29 U.S.C. 667), 29 CFR 
part 1902, and Secretary of Labor's Order No. 5-2002 (67 FR 65008).

Subpart D--Oregon

0
2. Amend Sec.  1952.104 by revising the second sentence of paragraph 
(b) to read as follows:


Sec.  1952.104  Final approval determination.

* * * * *
    (b) * * * The plan does not cover private sector establishments on 
Indian reservations and tribal trust lands, including tribal and 
Indian-owned enterprises; employment at Crater Lake National Park; 
Federal agencies; the U.S. Postal Service and its contractors; 
contractors on U.S. military reservations, except those working on U.S. 
Army Corps of Engineers dam construction projects; and private sector 
maritime employment on or adjacent to navigable waters, including 
shipyard operations and marine terminals.
* * * * *

0
3. Amend Sec.  1952.105 by redesignating paragraph (b)(1)(iv) as 
(b)(1)(v) and adding a new paragraph (b)(1)(iv), to read as follows:


Sec.  1952.105  Level of Federal enforcement.

* * * * *
    (b)(1) * * *
    (iv) Enforcement of occupational safety and health standards with 
regard to employment at Crater Lake National Park;
* * * * *
[FR Doc. 06-282 Filed 1-17-06; 8:45 am]
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