Hawaii State Plan for Occupational Safety and Health; Operational Status Agreement Revisions, 8855-8857 [2014-03286]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations
reported, or information corrected on
these forms after your verification;
(ii) For each event code provided by
the user facility under § 803.32(e)(10) or
the importer under § 803.42(e)(10), you
must include a statement of whether the
type of the event represented by the
code is addressed in the device labeling;
and
(iii) If your report omits any required
information, you must explain why this
information was not provided and the
steps taken to obtain this information.
§ 803.53 If I am a manufacturer, in which
circumstances must I submit a 5-day
report?
You must submit a 5-day report to us
with the information required by
§ 803.52 in accordance with the
requirements of § 803.12(a) no later than
5 work days after the day that you
become aware that:
(a) An MDR reportable event
necessitates remedial action to prevent
an unreasonable risk of substantial harm
to the public health. You may become
aware of the need for remedial action
from any information, including any
trend analysis or
(b) We have made a written request
for the submission of a 5-day report. If
you receive such a written request from
us, you must submit, without further
requests, a 5-day report for all
subsequent events of the same nature
that involve substantially similar
devices for the time period specified in
the written request. We may extend the
time period stated in the original
written request if we determine it is in
the interest of the public health.
tkelley on DSK3SPTVN1PROD with RULES
§ 803.56 If I am a manufacturer, in what
circumstances must I submit a
supplemental or followup report and what
are the requirements for such reports?
If you are a manufacturer, when you
obtain information required under this
part that you did not provide because it
was not known or was not available
when you submitted the initial report,
you must submit the supplemental
information to us within 30 calendar
days of the day that you receive this
information. You must submit the
supplemental or followup report in
accordance with the requirements of
§ 803.12(a). On a supplemental or
followup report, you must:
(a) Indicate that the report being
submitted is a supplemental or followup
report;
(b) Submit the appropriate
identification numbers of the report that
you are updating with the supplemental
information (e.g., your original
manufacturer report number and the
user facility or importer report number
VerDate Mar<15>2010
17:37 Feb 13, 2014
Jkt 232001
of any report on which your report was
based), if applicable; and
(c) Include only the new, changed, or
corrected information.
§ 803.58
Foreign manufacturers.
(a) Every foreign manufacturer whose
devices are distributed in the United
States shall designate a U.S. agent to be
responsible for reporting in accordance
with § 807.40 of this chapter. The U.S.
designated agent accepts responsibility
for the duties that such designation
entails. Upon the effective date of this
regulation, foreign manufacturers shall
inform FDA, by letter, of the name and
address of the U.S. agent designated
under this section and § 807.40 of this
chapter, and shall update this
information as necessary. Such updated
information shall be submitted to FDA,
within 5 days of a change in the
designated agent information.
(b) U.S.-designated agents of foreign
manufacturers are required to:
(1) Report to FDA in accordance with
§§ 803.50, 803.52, 803.53, and 803.56;
(2) Conduct, or obtain from the
foreign manufacturer the necessary
information regarding, the investigation
and evaluation of the event to comport
with the requirements of § 803.50;
(3) Forward MDR complaints to the
foreign manufacturer and maintain
documentation of this requirement;
(4) Maintain complaint files in
accordance with § 803.18; and
(5) Register, list, and submit
premarket notifications in accordance
with part 807 of this chapter.
§ 803.58
[Amended]
3. Section 803.58 is stayed
indefinitely.
Dated: February 11, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–03279 Filed 2–13–14; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1952
[Docket No. OSHA 2012–0029]
RIN 1218–AC89
Hawaii State Plan for Occupational
Safety and Health; Operational Status
Agreement Revisions
Occupational Safety and Health
Administration, Department of Labor.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
8855
This document announces
revisions to the Operational Status
Agreement between the Occupational
Safety and Health Administration
(OSHA) and the Hawaii State Plan,
which specifies the respective areas of
federal and state authority, and under
which Hawaii will reassume additional
coverage.
DATES: Effective February 14, 2014.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Francis Meilinger,
OSHA Office of Communications, Room
N–3647, U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone (202) 693–1999;
email: meilinger.francis2@dol.gov.
For general and technical
information: Douglas J. Kalinowski,
Director, OSHA Directorate of
Cooperative and State Programs, Room
N–3700, U.S. Department of Labor, 200
Constitution Avenue NW., Washington
DC 20210; telephone: (202) 693–2200;
email: kalinowski.doug@dol.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Hawaii administers an OSHAapproved state plan to develop and
enforce occupational safety and health
standards for public and private sector
employers, pursuant to the provisions of
Section 18 of the Occupational Safety
and Health Act (the Act). Pursuant to
Section 18(e) of the Act, OSHA granted
Hawaii ‘‘final approval’’ effective April
30, 1984 (49 FR 19182). A final approval
determination results in the
relinquishment of federal concurrent
enforcement authority in the state with
respect to occupational safety and
health issues covered by the plan. 29
U.S.C. 667(e).
From 2009–2012, the Hawaii State
Plan faced major budgetary and staffing
restraints that significantly affected its
program. Therefore, the Hawaii Director
of Labor and Industrial Relations
requested a temporary modification of
the state plan’s approval status from
final approval to initial approval, to
permit exercise of supplemental federal
enforcement activity and to allow
Hawaii sufficient time and assistance to
strengthen its state plan. On June 22,
2012, a Notice of Proposed Rulemaking
was published and on September 21,
2012, OSHA published a Final Rule in
the Federal Register (77 FR 58488) that
modified the Hawaii State Plan’s ‘‘final
approval’’ determination under Section
18(e) of the Act, transitioned the Plan to
‘‘initial approval’’ status under Section
18(b) of the Act, and reinstated
concurrent federal enforcement
authority over occupational safety and
health issues in the private sector. That
E:\FR\FM\14FER1.SGM
14FER1
8856
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
Federal Register notice also provided
notice of the Operational Status
Agreement (OSA) between OSHA and
the Hawaii Occupational Safety and
Health Division (HIOSH), which
specified the respective areas of federal
and state authority.
After the first year of the planned
three-year developmental period,
Hawaii’s Department of Labor and
Industrial Relations has taken the initial
steps in rebuilding the capacity of
HIOSH. Hawaii is committed to
redeveloping its State Plan, and has
increased its staff recruitment to reach
its staffing benchmark, and has
increased its inspection activity by
148% over the prior fiscal year. HIOSH
and OSHA have worked together to
strengthen the State Plan. A meeting
between federal and state
representatives on September 11–13,
2013 discussed the successes and
challenges of the first year under the
OSA and worked to clarify the next
steps needed to be taken as the state
agency further develops. OSHA and
HIOSH agreed to amend the OSA to
return greater responsibility to HIOSH
for Fiscal Year 2014. Accordingly, this
final rule amends OSHA regulations to
reflect this change in the OSA between
the parties by removing the reference to
the specific 2012 OSA.
Notice of Revisions to the Operational
Status Agreement
Federal OSHA and HIOSH will
exercise their respective enforcement
authority according to the terms of the
2012 OSA between OSHA and HIOSH,
which specifies the respective areas of
federal and state authority, with
revisions agreed to in September 2013.
Under the 2012 OSA, Federal OSHA
retained coverage over all Federal
employees and sites, private sector
maritime activities, private sector
employees within the secured borders of
all military installations where access is
controlled, and United States Postal
Service including contract workers and
contractor operated facilities, and
assumed coverage over agriculture and
most of general industry including
facilities that include processes covered
by the Process Safety Management
standard (29 CFR 1910.119) as well as
provisions of general industry and
construction standards (29 CFR 1910
and 1926) appropriate to hazards found
in that employment. Hawaii retained
coverage over the construction industry,
transportation and warehousing, and
state and local government as an
employer. All terms of the 2012 OSA
remain in effect, except that Hawaii will
resume responsibility over
Manufacturing (NAICS 31 through 33)
VerDate Mar<15>2010
17:37 Feb 13, 2014
Jkt 232001
except Refineries (NAICS 324) and any
other private sector facilities that
include processes covered by the
Process Safety Management standard
(29 CFR 1910.119). Federal OSHA will
also enforce provisions of the Act and
of the general industry and construction
standards appropriate to hazards found
in facilities with processes that are
covered by the Process Safety
Management standard. Further, the
revised OSA provides a mechanism for
the most-available agency to respond to
life-threatening situations on neighbor
islands.
Regulatory Flexibility Analysis and
Unfunded Mandates
In accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. (as
amended), OSHA examined the
regulatory requirements of the final rule
to determine whether it would have a
significant economic impact on a
substantial number of small entities.
Since no employer of any size will have
any new compliance obligations, the
Agency certifies that the final rule will
not have a significant economic impact
on a substantial number of small
entities. OSHA also reviewed this final
rule in accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA;
2 U.S.C. 1501 et seq.) and Executive
Order 12875 (56 FR 58093). Because this
rule imposes no new compliance
obligations, it requires no additional
expenditures by either private
employers or State, local, and tribal
governments.
Federalism
Executive Order 13132, ‘‘Federalism,’’
(64 FR 43255, August 10, 1999)
emphasizes consultation between
Federal agencies and the States and
establishes specific review procedures
the Federal government must follow as
it carries out policies which affect State
or local governments. OSHA has
consulted extensively with Hawaii
about this modification of the
Operational Status Agreement.
Although OSHA has determined that
the requirements and consultation
procedures provided in Executive Order
13132 are not applicable to approval
decisions under the Act, which have no
effect outside the particular State,
OSHA has reviewed this final rule, and
believes it is consistent with the
principles and criteria set forth in the
Executive Order.
Administrative Procedures
This Federal Register document is
designated a ‘‘final rule.’’ That
designation is necessary because OSHA
publishes a general description of every
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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 the
state plan.
OSHA finds that good cause exists for
making this rule effective immediately
upon publication in the Federal
Register. Today’s action is solely a
change in Federal OSHA’s procedures.
It does not impose any new compliance
obligations on affected employers, since
Hawaii’s safety and health standards
and regulations are virtually all
identical to OSHA’s regulations. There
are a very few instances in which
Hawaii has more stringent requirements;
however these state standards remain in
effect and OSHA will make referrals to
the state when needed. Therefore,
employers’ compliance obligations are
not legally affected by the amendment
to the OSA announced in this notice.
For these reasons, 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 rule is effective
upon publication in the Federal
Register.
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law
enforcement, Occupational safety and
health.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Ave. NW., Washington, DC, authorized
the preparation of this notice. OSHA is
issuing this notice under the authority
specified by Section 18 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 667), Secretary of
Labor’s Order No. 1–2012 (77 FR 3912),
and 29 CFR part 1902.
Signed in Washington, DC, on February 10,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
Accordingly, for the reasons set forth
in the Preamble, 29 CFR Part 1952 is
amended as set forth below.
PART 1952—[AMENDED]
1. The authority citation for part 1952
continues to read as follows:
■
E:\FR\FM\14FER1.SGM
14FER1
8857
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations
Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C.
667); 29 CFR part 1902; Secretary of Labor’s
Order No. 1–2012 (77 FR 3912).
Subpart Y—Hawaii
2. Amend § 1952.314 by revising
paragraph (b) to read as follows:
■
§ 1952.314
Level of Federal enforcement.
*
*
*
*
*
(b) To provide a workable division of
enforcement responsibilities, Hawaii
and Federal OSHA have entered into an
operational status agreement. Electronic
copies of the agreement are available at:
https://www.osha.gov/dcsp/osp/
stateprogs/hawaii.html.
[FR Doc. 2014–03286 Filed 2–13–14; 8:45 am]
BILLING CODE 4510–26–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Part 4022
Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions
for Paying Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
This final rule amends the
Pension Benefit Guaranty Corporation’s
regulation on Benefits Payable in
Terminated Single-Employer Plans to
prescribe interest assumptions under
the regulation for valuation dates in
March 2014. The interest assumptions
are used for paying benefits under
terminating single-employer plans
covered by the pension insurance
system administered by PBGC.
DATES: Effective March 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion (Klion.Catherine@
pbgc.gov), Assistant General Counsel for
Regulatory Affairs, Pension Benefit
SUMMARY:
Rate set
For plans with a valuation
date
On or after
*
245
Before
17:37 Feb 13, 2014
Jkt 232001
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 29
CFR part 4022 is amended as follows:
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4022
continues to read as follows:
■
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
2. In appendix B to part 4022, Rate Set
245, as set forth below, is added to the
table.
■
Appendix B to Part 4022—Lump Sum
Interest Rates for PBGC Payments
*
*
*
*
*
i3
4.00
*
n1
*
4.00
n2
*
7
8
Appendix C to Part 4022—Lump Sum
Interest Rates for Private-Sector
Payments
*
1 Appendix B to PBGC’s regulation on Allocation
of Assets in Single-Employer Plans (29 CFR Part
4044) prescribes interest assumptions for valuing
List of Subjects in 29 CFR Part 4022
i2
*
4.00
1.50
3. In appendix C to part 4022, Rate Set
245, as set forth below, is added to the
table.
VerDate Mar<15>2010
i1
*
4–1–14
PBGC has determined that notice and
public comment on this amendment are
impracticable and contrary to the public
interest. This finding is based on the
need to determine and issue new
interest assumptions promptly so that
the assumptions can reflect current
market conditions as accurately as
possible.
Because of the need to provide
immediate guidance for the payment of
benefits under plans with valuation
dates during March 2014, PBGC finds
that good cause exists for making the
assumptions set forth in this
amendment effective less than 30 days
after publication.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
Deferred annuities (percent)
Immediate
annuity rate
(percent)
*
3–1–14
■
tkelley on DSK3SPTVN1PROD with RULES
Guaranty Corporation, 1200 K Street
NW., Washington, DC 20005, 202–326–
4024. (TTY/TDD users may call the
Federal relay service toll-free at 1–800–
877–8339 and ask to be connected to
202–326–4024.)
SUPPLEMENTARY INFORMATION: PBGC’s
regulation on Benefits Payable in
Terminated Single-Employer Plans (29
CFR Part 4022) prescribes actuarial
assumptions—including interest
assumptions—for paying plan benefits
under terminating single-employer
plans covered by title IV of the
Employee Retirement Income Security
Act of 1974. The interest assumptions in
the regulation are also published on
PBGC’s Web site (https://www.pbgc.gov).
PBGC uses the interest assumptions in
Appendix B to Part 4022 to determine
whether a benefit is payable as a lump
sum and to determine the amount to
pay. Appendix C to Part 4022 contains
interest assumptions for private-sector
pension practitioners to refer to if they
wish to use lump-sum interest rates
determined using PBGC’s historical
methodology. Currently, the rates in
Appendices B and C of the benefit
payment regulation are the same.
The interest assumptions are intended
to reflect current conditions in the
financial and annuity markets.
Assumptions under the benefit
payments regulation are updated
monthly. This final rule updates the
benefit payments interest assumptions
for March 2014.1
The March 2014 interest assumptions
under the benefit payments regulation
will be 1.50 percent for the period
during which a benefit is in pay status
and 4.00 percent during any years
preceding the benefit’s placement in pay
status. In comparison with the interest
assumptions in effect for February 2014,
these interest assumptions represent a
decrease of 0.25 percent in the
immediate annuity rate and are
otherwise unchanged.
*
*
*
*
benefits under terminating covered single-employer
plans for purposes of allocation of assets under
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
ERISA section 4044. Those assumptions are
updated quarterly.
E:\FR\FM\14FER1.SGM
14FER1
]]>Agencies
[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Rules and Regulations]
[Pages 8855-8857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03286]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
[Docket No. OSHA 2012-0029]
RIN 1218-AC89
Hawaii State Plan for Occupational Safety and Health; Operational
Status Agreement Revisions
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document announces revisions to the Operational Status
Agreement between the Occupational Safety and Health Administration
(OSHA) and the Hawaii State Plan, which specifies the respective areas
of federal and state authority, and under which Hawaii will reassume
additional coverage.
DATES: Effective February 14, 2014.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Francis Meilinger, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone (202) 693-1999; email:
meilinger.francis2@dol.gov.
For general and technical information: Douglas J. Kalinowski,
Director, OSHA Directorate of Cooperative and State Programs, Room N-
3700, U.S. Department of Labor, 200 Constitution Avenue NW., Washington
DC 20210; telephone: (202) 693-2200; email: kalinowski.doug@dol.gov.
SUPPLEMENTARY INFORMATION:
Background
Hawaii administers an OSHA-approved state plan to develop and
enforce occupational safety and health standards for public and private
sector employers, pursuant to the provisions of Section 18 of the
Occupational Safety and Health Act (the Act). Pursuant to Section 18(e)
of the Act, OSHA granted Hawaii ``final approval'' effective April 30,
1984 (49 FR 19182). A final approval determination results in the
relinquishment of federal concurrent enforcement authority in the state
with respect to occupational safety and health issues covered by the
plan. 29 U.S.C. 667(e).
From 2009-2012, the Hawaii State Plan faced major budgetary and
staffing restraints that significantly affected its program. Therefore,
the Hawaii Director of Labor and Industrial Relations requested a
temporary modification of the state plan's approval status from final
approval to initial approval, to permit exercise of supplemental
federal enforcement activity and to allow Hawaii sufficient time and
assistance to strengthen its state plan. On June 22, 2012, a Notice of
Proposed Rulemaking was published and on September 21, 2012, OSHA
published a Final Rule in the Federal Register (77 FR 58488) that
modified the Hawaii State Plan's ``final approval'' determination under
Section 18(e) of the Act, transitioned the Plan to ``initial approval''
status under Section 18(b) of the Act, and reinstated concurrent
federal enforcement authority over occupational safety and health
issues in the private sector. That
[[Page 8856]]
Federal Register notice also provided notice of the Operational Status
Agreement (OSA) between OSHA and the Hawaii Occupational Safety and
Health Division (HIOSH), which specified the respective areas of
federal and state authority.
After the first year of the planned three-year developmental
period, Hawaii's Department of Labor and Industrial Relations has taken
the initial steps in rebuilding the capacity of HIOSH. Hawaii is
committed to redeveloping its State Plan, and has increased its staff
recruitment to reach its staffing benchmark, and has increased its
inspection activity by 148% over the prior fiscal year. HIOSH and OSHA
have worked together to strengthen the State Plan. A meeting between
federal and state representatives on September 11-13, 2013 discussed
the successes and challenges of the first year under the OSA and worked
to clarify the next steps needed to be taken as the state agency
further develops. OSHA and HIOSH agreed to amend the OSA to return
greater responsibility to HIOSH for Fiscal Year 2014. Accordingly, this
final rule amends OSHA regulations to reflect this change in the OSA
between the parties by removing the reference to the specific 2012 OSA.
Notice of Revisions to the Operational Status Agreement
Federal OSHA and HIOSH will exercise their respective enforcement
authority according to the terms of the 2012 OSA between OSHA and
HIOSH, which specifies the respective areas of federal and state
authority, with revisions agreed to in September 2013. Under the 2012
OSA, Federal OSHA retained coverage over all Federal employees and
sites, private sector maritime activities, private sector employees
within the secured borders of all military installations where access
is controlled, and United States Postal Service including contract
workers and contractor operated facilities, and assumed coverage over
agriculture and most of general industry including facilities that
include processes covered by the Process Safety Management standard (29
CFR 1910.119) as well as provisions of general industry and
construction standards (29 CFR 1910 and 1926) appropriate to hazards
found in that employment. Hawaii retained coverage over the
construction industry, transportation and warehousing, and state and
local government as an employer. All terms of the 2012 OSA remain in
effect, except that Hawaii will resume responsibility over
Manufacturing (NAICS 31 through 33) except Refineries (NAICS 324) and
any other private sector facilities that include processes covered by
the Process Safety Management standard (29 CFR 1910.119). Federal OSHA
will also enforce provisions of the Act and of the general industry and
construction standards appropriate to hazards found in facilities with
processes that are covered by the Process Safety Management standard.
Further, the revised OSA provides a mechanism for the most-available
agency to respond to life-threatening situations on neighbor islands.
Regulatory Flexibility Analysis and Unfunded Mandates
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq. (as amended), OSHA examined the regulatory requirements of the
final rule to determine whether it would have a significant economic
impact on a substantial number of small entities. Since no employer of
any size will have any new compliance obligations, the Agency certifies
that the final rule will not have a significant economic impact on a
substantial number of small entities. OSHA also reviewed this final
rule in accordance with the Unfunded Mandates Reform Act of 1995 (UMRA;
2 U.S.C. 1501 et seq.) and Executive Order 12875 (56 FR 58093). Because
this rule imposes no new compliance obligations, it requires no
additional expenditures by either private employers or State, local,
and tribal governments.
Federalism
Executive Order 13132, ``Federalism,'' (64 FR 43255, August 10,
1999) emphasizes consultation between Federal agencies and the States
and establishes specific review procedures the Federal government must
follow as it carries out policies which affect State or local
governments. OSHA has consulted extensively with Hawaii about this
modification of the Operational Status Agreement. Although OSHA has
determined that the requirements and consultation procedures provided
in Executive Order 13132 are not applicable to approval decisions under
the Act, which have no effect outside the particular State, OSHA has
reviewed this final rule, and believes it is consistent with the
principles and criteria set forth in the Executive Order.
Administrative Procedures
This Federal Register document 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
the state plan.
OSHA finds that good cause exists for making this rule effective
immediately upon publication in the Federal Register. Today's action is
solely a change in Federal OSHA's procedures. It does not impose any
new compliance obligations on affected employers, since Hawaii's safety
and health standards and regulations are virtually all identical to
OSHA's regulations. There are a very few instances in which Hawaii has
more stringent requirements; however these state standards remain in
effect and OSHA will make referrals to the state when needed.
Therefore, employers' compliance obligations are not legally affected
by the amendment to the OSA announced in this notice. For these
reasons, 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 rule is effective upon publication in the Federal
Register.
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law enforcement, Occupational safety
and health.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, authorized the preparation of
this notice. OSHA is issuing this notice under the authority specified
by Section 18 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 667), Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29
CFR part 1902.
Signed in Washington, DC, on February 10, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
Accordingly, for the reasons set forth in the Preamble, 29 CFR Part
1952 is amended as set forth below.
PART 1952--[AMENDED]
0
1. The authority citation for part 1952 continues to read as follows:
[[Page 8857]]
Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part
1902; Secretary of Labor's Order No. 1-2012 (77 FR 3912).
Subpart Y--Hawaii
0
2. Amend Sec. 1952.314 by revising paragraph (b) to read as follows:
Sec. 1952.314 Level of Federal enforcement.
* * * * *
(b) To provide a workable division of enforcement responsibilities,
Hawaii and Federal OSHA have entered into an operational status
agreement. Electronic copies of the agreement are available at: https://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.
[FR Doc. 2014-03286 Filed 2-13-14; 8:45 am]
BILLING CODE 4510-26-P
