Michigan State Plan; Change in Level of Federal Enforcement: Indian Tribes, 63190-63191 [2011-26262]
Download as PDF
63190
Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations
Signed at Washington, DC, on September
26, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
Part 1952 of 29 CFR is hereby
amended as follows:
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 Y—Hawaii
2. In § 1952.313 revise the second
sentence of paragraph (b) to read as
follows:
■
Final approval determination.
*
*
*
*
*
(b) * * * The plan does not cover
maritime employment in the private
sector; Federal government employers
and employees; enforcement relating to
any contractors or subcontractors on any
Federal establishment where the land is
determined to be exclusive Federal
jurisdiction; the U.S. Postal Service
(USPS), including USPS employees, and
contract employees and contractoroperated facilities engaged in USPS mail
operations; and private sector employers
on military installations.
*
*
*
*
*
3. In § 1952.314 revise the fourth
sentence of paragraph (b) to read as
follows:
■
Level of Federal enforcement.
WREIER-aviles on DSK7SPTVN1PROD with RULES
*
*
*
*
*
(b) * * * Federal jurisdiction also
remains in effect with respect to Federal
government employers and employees,
enforcement relating to any contractors
or subcontractors on any Federal
establishment where the land is
determined to be exclusive Federal
jurisdiction; the U.S. Postal Service
(USPS), including USPS employees, and
contract employees and contractoroperated facilities engaged in USPS mail
operations; and private sector employers
on military installations.
*
*
*
*
*
[FR Doc. 2011–26263 Filed 10–11–11; 8:45 am]
BILLING CODE 4510–26–P
VerDate Mar<15>2010
14:51 Oct 11, 2011
29 CFR Part 1952
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule.
AGENCY:
■
§ 1952.314
Occupational Safety and Health
Administration
Michigan State Plan; Change in Level
of Federal Enforcement: Indian Tribes
PART 1952—[AMENDED]
§ 1952.313
DEPARTMENT OF LABOR
Jkt 226001
This document gives notice of
OSHA’s approval of a change to the
state of Michigan’s occupational safety
and health state plan to exclude
coverage of establishments on Indian
reservations which are owned or
operated by employers who are enrolled
members of Indian tribes. Under the
terms of a September 28, 2004
addendum to the September 24, 1973
Operational Status Agreement between
OSHA and the Michigan Occupational
Safety and Health Administration
(MIOSHA), jurisdiction and
enforcement have been relinquished
back to federal OSHA for conducting
safety and health inspections and
interventions within the borders of all
Indian reservations for employers who
are ‘‘enrolled members of Indian
reservations’’, i.e., members of Indian
tribes. Non-member employers within
the reservations and member employers
located outside the territorial borders of
Indian reservations remain under
MIOSHA jurisdiction. Accordingly,
OSHA amends its regulations to reflect
this change in the level of federal
enforcement.
DATES: Effective Date: October 12, 2011.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, Office
of Communications, OSHA, U.S.
Department of Labor, Room N–3647,
200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202)
693–1999. General Information and
Technical Inquiries: Laura Seeman,
Acting 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:
SUMMARY:
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
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
occupational safety and health
standards may do so by submitting, and
obtaining federal approval of, a state
plan. Part 1954 of title 29, Code of
Federal Regulations, sets out procedures
under section 18 of the Act for the
evaluation and monitoring of state plans
which have been approved under
section 18(c) of the Act and 29 CFR part
1902. After initial approval, but prior to
final approval, section 18(e) of the Act
provides for a period of concurrent
jurisdiction.
The Michigan Occupational Safety
and Health State Plan was initially
approved on September 24, 1973 (38 FR
27388, Oct. 3, 1973). The Michigan
program is administered by the
Michigan Occupational Safety and
Health Administration (MIOSHA) in the
Department of Licensing and Regulatory
Affairs, previously the Department of
Labor and Economic Growth. Prior to
2003, the state plan agency was called
the Bureau of Safety and Regulation,
Department of Consumer and Industry
Services.
If federal monitoring shows that a
state program has developed to a degree
sufficient to justify suspension of
duplicative concurrent federal
enforcement activity, U.S. Department
of Labor regulations provide that OSHA,
through its Regional Administrator, may
enter into a procedural agreement (and
addenda to such agreements) with the
state, usually referred to as an
‘‘operational status agreement’’, setting
forth areas of federal and state
enforcement responsibility (29 CFR
1954.3(f)).
On January 6, 1977, an Operational
Status Agreement was entered into
between OSHA and the Michigan State
Plan agency whereby concurrent federal
enforcement authority was suspended
with regard to most federal occupational
safety and health standards in issues
covered by the state’s OSHA-approved
occupational safety and health plan.
Federal OSHA retained its authority
over safety and health in private sector
maritime employment and with regard
to federal government employers and
employees, and employees of the U.S.
Postal Service (effective June 9, 2000).
On July 18, 2001, Ms. Kathleen M.
Wilbur, Director of the Michigan
Department of Consumer and Industry
Services (now the Michigan Department
of Licensing and Regulatory Affairs),
first wrote to the OSHA Regional
Administrator about the issue of
jurisdiction of the Michigan Bureau of
Safety and Regulation (now the
Michigan Occupational Safety and
Health Administration) on Indian
reservations. MIOSHA and the Michigan
Attorney General’s Office had reached
E:\FR\FM\12OCR1.SGM
12OCR1
Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations
the legal conclusion that MIOSHA, as a
state operating under authority of state
law, pursuant to a federally approved
state plan, did not have authority to
inspect and apply MIOSHA statutory
and regulatory requirements to Indianowned and Indian-operated businesses
within the territorial borders of Indian
reservations. The state reached the
conclusion at that time that, with
respect to non-Indian owned businesses
operating on Indian reservations, the
provisions of MIOSHA would apply.
Subsequently, on September 28, 2004,
an addendum to the state’s Operational
Status Agreement between federal
OSHA and MIOSHA was signed. This
addendum stated that MIOSHA
relinquished to federal OSHA the
jurisdiction and enforcement authority
for conducting safety and health
inspections and interventions within
the borders of all Indian reservations for
employers who are enrolled members of
Indian tribes. The addendum also
provided that non-member employers
within Indian reservations and member
employers located outside the territorial
borders of Indian reservations remain
under MIOSHA jurisdiction.
Accordingly, notice is hereby given of
this change in federal enforcement
authority with regard to employers on
Indian land in the state of Michigan.
OSHA is also amending its description
of the approved state plan at 29 CFR
part 1952, Subpart T to reflect this
change in the level of federal
enforcement.
WREIER-aviles on DSK7SPTVN1PROD with RULES
B. Obtaining Copies of Referenced
Documents
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, 230 S. Dearborn
Street, 32nd Floor, Room 3244, Chicago,
Illinois 60604, (312) 353–2220, fax (312)
353–7774; and the Michigan
Occupational Safety and Health
Administration, P.O. Box 30643, 7150
Harris Drive, Lansing, Michigan 48909,
(517) 322–1817, fax (517) 322–1775.
Other information about the Michigan
State Plan is posted on the state’s Web
site at https://www.michigan.gov/
miosha. Electronic copies of this
Federal Register notice are available on
OSHA’s Web site at https://
www.osha.gov/.
VerDate Mar<15>2010
14:51 Oct 11, 2011
Jkt 226001
C. Administrative Procedure
This Federal Register document
acknowledges a modification made by
the state of Michigan to its occupational
safety and health state plan, and does
not involve any regulatory action by
federal OSHA. States with approved
plans have authority to modify the
statutes, regulations, and procedures in
their plan, using procedures provided
under state law. These state plan
modifications have legal effect in the
state as soon as they are adopted; preenforcement approval by federal OSHA
is not required. 29 CFR 1953.3(a); see
Florida Citrus Packers v. California, 545
F. Supp. 216, 219 (N.D. Cal. 1982).
The attached Federal Register notice
is designated a ‘‘final rule.’’ That
designation is necessary because OSHA
publishes a general description of every
state plan in 29 CFR part 1952. Because
they are set forth in the Code of Federal
Regulation, these descriptions can be
updated only by publishing a ‘‘final
rule’’ document in the final rules
section of the Federal Register. Such
rules do not contain any new federal
regulatory requirements, but merely
provide public information about
changes already in effect under state
law. Michigan’s determination that
certain Indian-owned establishments are
not subject to coverage under the state’s
plan is the result of limitations already
in effect under that state’s law. The
present Federal Register notice simply
provides information to the public
concerning this limitation.
For this reason, public notice and
comment are unnecessary, and good
cause exists for making this final rule
effective upon publication in the
Federal Register. Accordingly, OSHA
finds that 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
Indian tribes, Intergovernmental
relations, Law enforcement,
Occupational safety and health.
Signed at Washington, DC, on September
26, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
Part 1952 of 29 CFR is hereby
amended as follows:
PART 1952—[AMENDED]
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).
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
63191
Subpart T—Michigan
2. In § 1952.265 remove the third
sentence and add two sentences in its
place to read as follows:
■
§ 1952.265
Level of Federal enforcement.
* * * Federal OSHA will also retain
authority for coverage of Federal
government employers and employees;
and of the U.S. Postal Service (USPS),
including USPS employees, and
contract employees and contractoroperated facilities engaged in USPS mail
operations; and of employers who own
or operate businesses located within the
boundaries of Indian reservations who
are enrolled members of Indian tribes.
(Non-Indian employers within the
reservations and Indian employers
outside the territorial boundaries of
Indian reservations remain subject to
Michigan jurisdiction.). * * *
[FR Doc. 2011–26262 Filed 10–11–11; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 538 and 560
Sudanese Sanctions Regulations;
Iranian Transactions Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (‘‘OFAC’’) is adopting as final,
with changes, a previously issued
interim final rule. These changes
primarily amend the Sudanese
Sanctions Regulations and the Iranian
Transactions Regulations by issuing
general licenses that authorize the
exportation or reexportation of food to
individuals and entities in an area of
Sudan other than the Specified Areas of
Sudan and in Iran. Certain specified
food items, as well as exports to certain
persons, requiring a greater level of
scrutiny are excluded from the general
licenses.
DATES: Effective Date: October 12, 2011.
FOR FURTHER INFORMATION CONTACT:
Assistant Director for Sanctions
Compliance and Evaluation, tel.: 202/
622–2490, Assistant Director for
Licensing, tel.: 202/622–2480, Assistant
Director for Policy, tel.: 202/622–4855,
Office of Foreign Assets Control, or
Chief Counsel (Foreign Assets Control),
tel.: 202/622–2410, Office of the General
Counsel, Department of the Treasury
(not toll free numbers).
SUMMARY:
E:\FR\FM\12OCR1.SGM
12OCR1
Agencies
[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63190-63191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26262]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
Michigan State Plan; Change in Level of Federal Enforcement:
Indian Tribes
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document gives notice of OSHA's approval of a change to
the state of Michigan's occupational safety and health state plan to
exclude coverage of establishments on Indian reservations which are
owned or operated by employers who are enrolled members of Indian
tribes. Under the terms of a September 28, 2004 addendum to the
September 24, 1973 Operational Status Agreement between OSHA and the
Michigan Occupational Safety and Health Administration (MIOSHA),
jurisdiction and enforcement have been relinquished back to federal
OSHA for conducting safety and health inspections and interventions
within the borders of all Indian reservations for employers who are
``enrolled members of Indian reservations'', i.e., members of Indian
tribes. Non-member employers within the reservations and member
employers located outside the territorial borders of Indian
reservations remain under MIOSHA jurisdiction. Accordingly, OSHA amends
its regulations to reflect this change in the level of federal
enforcement.
DATES: Effective Date: October 12, 2011.
FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger,
Office of Communications, OSHA, U.S. Department of Labor, Room N-3647,
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202)
693-1999. General Information and Technical Inquiries: Laura Seeman,
Acting 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. Part 1954 of title 29, Code of
Federal Regulations, sets out procedures under section 18 of the Act
for the evaluation and monitoring of state plans which have been
approved under section 18(c) of the Act and 29 CFR part 1902. After
initial approval, but prior to final approval, section 18(e) of the Act
provides for a period of concurrent jurisdiction.
The Michigan Occupational Safety and Health State Plan was
initially approved on September 24, 1973 (38 FR 27388, Oct. 3, 1973).
The Michigan program is administered by the Michigan Occupational
Safety and Health Administration (MIOSHA) in the Department of
Licensing and Regulatory Affairs, previously the Department of Labor
and Economic Growth. Prior to 2003, the state plan agency was called
the Bureau of Safety and Regulation, Department of Consumer and
Industry Services.
If federal monitoring shows that a state program has developed to a
degree sufficient to justify suspension of duplicative concurrent
federal enforcement activity, U.S. Department of Labor regulations
provide that OSHA, through its Regional Administrator, may enter into a
procedural agreement (and addenda to such agreements) with the state,
usually referred to as an ``operational status agreement'', setting
forth areas of federal and state enforcement responsibility (29 CFR
1954.3(f)).
On January 6, 1977, an Operational Status Agreement was entered
into between OSHA and the Michigan State Plan agency whereby concurrent
federal enforcement authority was suspended with regard to most federal
occupational safety and health standards in issues covered by the
state's OSHA-approved occupational safety and health plan. Federal OSHA
retained its authority over safety and health in private sector
maritime employment and with regard to federal government employers and
employees, and employees of the U.S. Postal Service (effective June 9,
2000).
On July 18, 2001, Ms. Kathleen M. Wilbur, Director of the Michigan
Department of Consumer and Industry Services (now the Michigan
Department of Licensing and Regulatory Affairs), first wrote to the
OSHA Regional Administrator about the issue of jurisdiction of the
Michigan Bureau of Safety and Regulation (now the Michigan Occupational
Safety and Health Administration) on Indian reservations. MIOSHA and
the Michigan Attorney General's Office had reached
[[Page 63191]]
the legal conclusion that MIOSHA, as a state operating under authority
of state law, pursuant to a federally approved state plan, did not have
authority to inspect and apply MIOSHA statutory and regulatory
requirements to Indian-owned and Indian-operated businesses within the
territorial borders of Indian reservations. The state reached the
conclusion at that time that, with respect to non-Indian owned
businesses operating on Indian reservations, the provisions of MIOSHA
would apply.
Subsequently, on September 28, 2004, an addendum to the state's
Operational Status Agreement between federal OSHA and MIOSHA was
signed. This addendum stated that MIOSHA relinquished to federal OSHA
the jurisdiction and enforcement authority for conducting safety and
health inspections and interventions within the borders of all Indian
reservations for employers who are enrolled members of Indian tribes.
The addendum also provided that non-member employers within Indian
reservations and member employers located outside the territorial
borders of Indian reservations remain under MIOSHA jurisdiction.
Accordingly, notice is hereby given of this change in federal
enforcement authority with regard to employers on Indian land in the
state of Michigan. OSHA is also amending its description of the
approved state plan at 29 CFR part 1952, Subpart T to reflect this
change in the level of federal enforcement.
B. Obtaining Copies of Referenced Documents
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, 230 S. Dearborn Street, 32nd Floor,
Room 3244, Chicago, Illinois 60604, (312) 353-2220, fax (312) 353-7774;
and the Michigan Occupational Safety and Health Administration, P.O.
Box 30643, 7150 Harris Drive, Lansing, Michigan 48909, (517) 322-1817,
fax (517) 322-1775. Other information about the Michigan State Plan is
posted on the state's Web site at https://www.michigan.gov/miosha.
Electronic copies of this Federal Register notice are available on
OSHA's Web site at https://www.osha.gov/.
C. Administrative Procedure
This Federal Register document acknowledges a modification made by
the state of Michigan to its occupational safety and health state plan,
and does not involve any regulatory action by federal OSHA. States with
approved plans have authority to modify the statutes, regulations, and
procedures in their plan, using procedures provided under state law.
These state plan modifications have legal effect in the state as soon
as they are adopted; pre-enforcement approval by federal OSHA is not
required. 29 CFR 1953.3(a); see Florida Citrus Packers v. California,
545 F. Supp. 216, 219 (N.D. Cal. 1982).
The attached Federal Register notice is designated a ``final
rule.'' That designation is necessary because OSHA publishes a general
description of every state plan in 29 CFR part 1952. Because they are
set forth in the Code of Federal Regulation, these descriptions can be
updated only by publishing a ``final rule'' document in the final rules
section of the Federal Register. Such rules do not contain any new
federal regulatory requirements, but merely provide public information
about changes already in effect under state law. Michigan's
determination that certain Indian-owned establishments are not subject
to coverage under the state's plan is the result of limitations already
in effect under that state's law. The present Federal Register notice
simply provides information to the public concerning this limitation.
For this reason, public notice and comment are unnecessary, and
good cause exists for making this final rule effective upon publication
in the Federal Register. Accordingly, OSHA finds that 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
Indian tribes, Intergovernmental relations, Law enforcement,
Occupational safety and health.
Signed at Washington, DC, on September 26, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
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 T--Michigan
0
2. In Sec. 1952.265 remove the third sentence and add two sentences in
its place to read as follows:
Sec. 1952.265 Level of Federal enforcement.
* * * Federal OSHA will also retain authority for coverage of
Federal government employers and employees; and of the U.S. Postal
Service (USPS), including USPS employees, and contract employees and
contractor-operated facilities engaged in USPS mail operations; and of
employers who own or operate businesses located within the boundaries
of Indian reservations who are enrolled members of Indian tribes. (Non-
Indian employers within the reservations and Indian employers outside
the territorial boundaries of Indian reservations remain subject to
Michigan jurisdiction.). * * *
[FR Doc. 2011-26262 Filed 10-11-11; 8:45 am]
BILLING CODE 4510-26-P