Hawaii State Plan; Change in Level of Federal Enforcement: Military Installations, 63188-63190 [2011-26263]
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63188
Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations
delegation of authority does not impose
a burden within the meaning of the
PRA.
D. Cost-Benefit Analysis
Section 15(a) of the Commodity
Exchange Act (‘‘Act’’), 7 U.S.C. 19(a),
requires the Commission to consider the
costs and benefits of its action before
issuing new regulations under the Act.
Section 15(a) does not require the
Commission to quantify the costs and
benefits of a new regulation or to
determine whether the benefits of the
regulation outweigh its costs. Nor does
it require that each rule be analyzed in
isolation when that rule is a component
of a larger package of rules or rule
revisions. Rather, section 15(a) requires
the Commission to ‘‘consider the costs
and benefits’’ of the subject regulation
in light of five broad areas of market and
public concern: (1) Protection of market
participants and the public; (2)
efficiency, competitiveness and
financial integrity of futures markets; (3)
price discovery; (4) sound risk
management practices; and (5) other
public interest considerations. The
Commission may, in its discretion, give
greater weight to any one of the five
enumerated areas of concern and may,
in its discretion, determine that
notwithstanding its costs, a particular
rule is necessary or appropriate to
protect the public interest or to
effectuate any of the provisions, or
accomplish any of the purposes, of the
Act.
The Commission considered the costs
and benefits of this rule and has
determined that amended Rule 12.26(c)
will enhance efficiency by aligning the
Commission’s staff more closely with its
workload.
List of Subjects in 17 CFR Part 12
$30,000, exclusive of interest and costs,
and either a complainant or a
respondent in the complaint, answer or
reply, has elected the formal decisional
procedure pursuant to subpart E of this
part, and has paid the filing fee required
by § 12.25, the Director of the Office of
Proceedings shall, if in his opinion the
facts warrant taking such action,
forward the pleadings and the materials
of record to the Proceedings Clerk for a
proceeding to be conducted in
accordance with subpart E of this part.
The Proceedings Clerk shall forthwith
notify the parties of such action. Such
notification shall be accompanied by an
order issued by the Proceedings Clerk
requiring the parties to complete all
discovery, as provided in subpart B of
this part, within 50 days thereafter. A
formal decisional proceeding
commences upon service of such
notification and order. As soon as
practicable after service of such
notification, the Proceedings Clerk shall
assign the case to a Judgment Officer.
All provisions of this part that refer to
and grant authority to or impose
obligations upon an Administrative Law
Judge shall be read as referring to and
granting authority to and imposing
obligations upon the Judgment Officer.
Issued in Washington, DC, on September
21, 2011, by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2011–25898 Filed 10–11–11; 8:45 am]
BILLING CODE P
NATIONAL LABOR RELATIONS
BOARD
Notification of Employee Rights Under
the National Labor Relations Act
AGENCY:
[FR Doc. 2011–26369 Filed 10–11–11; 8:45 am]
BILLING CODE 7545–01–P
National Labor Relations
Board.
DEPARTMENT OF LABOR
Final rule; delay of effective
PART 12—RULES RELATING TO
REPARATIONS
ACTION:
1. The authority citation for part 12
continues to read as follows:
SUMMARY:
date.
■
Authority: 7 U.S.C. 2(a)(12), 12a(5) and 18.
WREIER-aviles on DSK7SPTVN1PROD with RULES
Signed in Washington, DC, on October 6,
2011.
Mark Gaston Pearce,
Chairman.
29 CFR Part 104
RIN 3142–AA07
Administrative practice and
procedure, Commodity futures,
Consumer protection.
Accordingly, 17 CFR Part 12 is
amended as follows:
enhanced education and outreach to
employers.
DATES: The effective date of the final
rule published at 76 FR 54006, August
30, 2011, is delayed from November 14,
2011 to January 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Lester A. Heltzer, Executive Secretary,
National Labor Relations Board, 1099
14th Street, NW., Washington, DC
20570, (202) 273–1067 (this is not a tollfree number), 1–866–315–6572 (TTY/
TDD).
SUPPLEMENTARY INFORMATION: On August
30, 2011 (76 FR 54006), the National
Labor Relations Board published a final
rule requiring employers, including
labor organizations in their capacity as
employers, subject to the National Labor
Relations Act (NLRA) to post notices
informing their employees of their rights
as employees under the NLRA. The
Board has determined that in the
interest of ensuring broad voluntary
compliance with the rule concerning
notification of employee rights under
the National Labor Relations Act,
further public education and outreach
efforts would be helpful. The Board has
decided to change the effective date of
the rule from November 14, 2011, to
January 31, 2012, in order to allow time
for such an education and outreach
effort. Member Brian E. Hayes dissented
from the adoption of the final rule. For
this reason, he agrees with any
postponement of the effective date of
the rule. Member Craig Becker would
not change the effective date of the rule,
but agrees that if the date is to be
changed it should be for purposes of
public education and outreach.
■
2. Revise § 12.26(c) to read as follows:
§ 12.26 Commencement of a reparation
proceeding.
*
*
*
*
*
(c) Commencement of formal
decisional proceeding. Where the
amount claimed as damages in the
complaint or as counterclaims exceeds
VerDate Mar<15>2010
14:51 Oct 11, 2011
Jkt 226001
On August 30, 2011, the
National Labor Relations Board (Board)
published a final rule requiring
employers, including labor
organizations in their capacity as
employers, subject to the National Labor
Relations Act (NLRA) to post notices
informing their employees of their rights
as employees under the NLRA. The
Board hereby amends that rule to
change the effective date from
November 14, 2011, to January 31, 2012.
The purpose of this delay is to allow for
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Occupational Safety and Health
Administration
29 CFR Part 1952
Hawaii State Plan; Change in Level of
Federal Enforcement: Military
Installations
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule.
AGENCY:
This document gives notice of
OSHA’s approval of a change to the
state of Hawaii’s occupational safety
SUMMARY:
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Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations
WREIER-aviles on DSK7SPTVN1PROD with RULES
and health state plan to exclude
coverage of private sector employers
and employees at all military
installations. The state of Hawaii,
Department of Labor and Industrial
Relations, requested in a November 15,
2010 memorandum which was
reiterated in a February 22, 2011, letter
from the Governor, that jurisdiction be
relinquished to federal OSHA for
conducting safety and health
inspections of private sector employers
within the borders of all military
installations in Hawaii. 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. 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 Hawaii Occupational Safety and
Health State Plan was initially approved
under Section 18(c) of the Act and 29
CFR Part 1902 on December 28, 1973
(39 FR 1010). The Hawaii program is
administered by the Hawaii
Occupational Safety and Health
(HIOSH) Division of the State
Department of Labor and Industrial
Relations. On April 30, 1984, OSHA
awarded final approval to the Hawaii
State Plan pursuant to Section 18(e) and
amended Subpart Y of 29 CFR part 1952
to reflect the Assistant Secretary’s
decision (49 FR 19182). As a result,
OSHA relinquished its concurrent
standards and enforcement authority
VerDate Mar<15>2010
14:51 Oct 11, 2011
Jkt 226001
with regard to occupational safety and
health issues covered by the Hawaii
State Plan. Federal OSHA retained its
authority over safety and health in
maritime employment in the private
sector, federal government employers
and employees, and enforcement
relating to any contractors or
subcontractors on any federal
establishment where the land is
determined to be exclusive federal
jurisdiction. (OSHA jurisdiction over
the U.S. Postal Service was added on
June 9, 2000.)
On November 15, 2010, Pearl Imada
Iboshi, former Director of the Hawaii
Department of Labor and Industrial
Relations, wrote to the federal OSHA
Regional Administrator requesting a
change in the jurisdictional
responsibilities between the Hawaii
Occupational Safety and Health
Division of the State Department of
Labor and Industrial Relations, and
federal OSHA regarding military
installations in Hawaii. The reasons
cited for this change were as follows: (1)
to eliminate dual or overlapping state
and federal jurisdiction; (2) to ease
obtaining security clearances to highly
classified and/or restricted areas; (3) to
improve coverage of hazardous
waterfront working conditions; and (4)
to enhance the ability to negotiate with
controlling federal agencies on hazard
abatement and other compliance issues.
Specifically, HIOSH relinquishes back
to federal OSHA the jurisdiction and
enforcement authority for conducting
safety and health inspections of private
sector employers within the borders of
all military installations in Hawaii.
Hawaii will retain responsibility for
coverage of any state and local
government employers and employees
at these facilities. Accordingly, notice is
hereby given of this change in federal
enforcement authority over military
installations in the state of Hawaii.
OSHA is also amending its description
of the state plan at 29 CFR part 1952,
subpart Y 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, San Francisco
Federal Building, 90 7th Street, Suite
18–100, San Francisco, California
PO 00000
Frm 00041
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63189
94103, (415) 625–2546, fax (415) 625–
2526; and the Hawaii Department of
Labor and Industrial Relations, HIOSH,
830 Punchbowl Street, Suite 425,
Honolulu, Hawaii 96813, (808) 586–
9100, fax (808) 586–9104. Other
information about the Hawaii State Plan
is posted on the state’s Web site at
https://hawaii.gov/labor/hiosh.
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 Hawaii 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. Hawaii’s determination that
military installations will not be
covered under the state’s plan is within
the state’s discretion under section 18(b)
of the Act. The present Federal Register
notice simply provides information to
the public concerning this action by the
state.
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 constitutes
approval of the change, effective upon
publication in the Federal Register.
List of Subjects in 29 CFR Part 1952
Military installations,
Intergovernmental relations, Law
enforcement, Occupational safety and
health.
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12OCR1
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
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]]>Agencies
[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63188-63190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26263]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
Hawaii State Plan; Change in Level of Federal Enforcement:
Military Installations
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 Hawaii's occupational safety
[[Page 63189]]
and health state plan to exclude coverage of private sector employers
and employees at all military installations. The state of Hawaii,
Department of Labor and Industrial Relations, requested in a November
15, 2010 memorandum which was reiterated in a February 22, 2011, letter
from the Governor, that jurisdiction be relinquished to federal OSHA
for conducting safety and health inspections of private sector
employers within the borders of all military installations in Hawaii.
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. 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 Hawaii Occupational Safety and Health State Plan was initially
approved under Section 18(c) of the Act and 29 CFR Part 1902 on
December 28, 1973 (39 FR 1010). The Hawaii program is administered by
the Hawaii Occupational Safety and Health (HIOSH) Division of the State
Department of Labor and Industrial Relations. On April 30, 1984, OSHA
awarded final approval to the Hawaii State Plan pursuant to Section
18(e) and amended Subpart Y of 29 CFR part 1952 to reflect the
Assistant Secretary's decision (49 FR 19182). As a result, OSHA
relinquished its concurrent standards and enforcement authority with
regard to occupational safety and health issues covered by the Hawaii
State Plan. Federal OSHA retained its authority over safety and health
in maritime employment in the private sector, federal government
employers and employees, and enforcement relating to any contractors or
subcontractors on any federal establishment where the land is
determined to be exclusive federal jurisdiction. (OSHA jurisdiction
over the U.S. Postal Service was added on June 9, 2000.)
On November 15, 2010, Pearl Imada Iboshi, former Director of the
Hawaii Department of Labor and Industrial Relations, wrote to the
federal OSHA Regional Administrator requesting a change in the
jurisdictional responsibilities between the Hawaii Occupational Safety
and Health Division of the State Department of Labor and Industrial
Relations, and federal OSHA regarding military installations in Hawaii.
The reasons cited for this change were as follows: (1) to eliminate
dual or overlapping state and federal jurisdiction; (2) to ease
obtaining security clearances to highly classified and/or restricted
areas; (3) to improve coverage of hazardous waterfront working
conditions; and (4) to enhance the ability to negotiate with
controlling federal agencies on hazard abatement and other compliance
issues.
Specifically, HIOSH relinquishes back to federal OSHA the
jurisdiction and enforcement authority for conducting safety and health
inspections of private sector employers within the borders of all
military installations in Hawaii. Hawaii will retain responsibility for
coverage of any state and local government employers and employees at
these facilities. Accordingly, notice is hereby given of this change in
federal enforcement authority over military installations in the state
of Hawaii. OSHA is also amending its description of the state plan at
29 CFR part 1952, subpart Y 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, San Francisco Federal Building, 90
7th Street, Suite 18-100, San Francisco, California 94103, (415) 625-
2546, fax (415) 625-2526; and the Hawaii Department of Labor and
Industrial Relations, HIOSH, 830 Punchbowl Street, Suite 425, Honolulu,
Hawaii 96813, (808) 586-9100, fax (808) 586-9104. Other information
about the Hawaii State Plan is posted on the state's Web site at
https://hawaii.gov/labor/hiosh. 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 Hawaii 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. Hawaii's determination
that military installations will not be covered under the state's plan
is within the state's discretion under section 18(b) of the Act. The
present Federal Register notice simply provides information to the
public concerning this action by the state.
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 constitutes approval of
the change, effective upon publication in the Federal Register.
List of Subjects in 29 CFR Part 1952
Military installations, Intergovernmental relations, Law
enforcement, Occupational safety and health.
[[Page 63190]]
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 Y--Hawaii
0
2. In Sec. 1952.313 revise the second sentence of paragraph (b) to
read as follows:
Sec. 1952.313 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 contractor-operated facilities engaged in
USPS mail operations; and private sector employers on military
installations.
* * * * *
0
3. In Sec. 1952.314 revise the fourth sentence of paragraph (b) to
read as follows:
Sec. 1952.314 Level of Federal enforcement.
* * * * *
(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 contractor-operated 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
