Arizona State Plan for Occupational Safety and Health; Proposed Reconsideration and Revocation; Reopening of Comment Period; Postponement of Public Hearing, 50025-50027 [2022-17507]

Download as PDF Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Proposed Rules CHAZR, DE TEBEE, NJ JIIMS, NJ BRIGS, NJ WP FIX WP FIX (Lat. (Lat. (Lat. (Lat. 39°29′28.14″ 39°30′13.97″ 39°32′15.62″ 39°31′24.72″ N, N, N, N, long. long. long. long. 075°44′28.13″ 075°19′37.19″ 074°58′01.72″ 074°08′19.67″ 50025 W) W) W) W) * * * * * * * T–335 ZJAAY, MD to Syracuse, NY (SYR) [New] ZJAAY, MD WP (Lat. 38°03′09.95″ N, long. 075°26′34.27″ W) TRPOD, MD WP (Lat. 38°20′17.30″ N, long. 075°30′28.27″ W) Smyrna, DE (ENO) VORTAC (Lat. 39°13′53.93″ N, long. 075°30′57.49″ W) BYEDN, OA WP (Lat. 39°40′41.60″ N, long. 075°36′24.84″ W) WP (Lat. 39°55′22.30″ N, long. 075°32′11.18″ W) MARQI, PA HOSKR, PA WP (Lat. 40°05′03.94″ N, long. 075°32′56.13″ W) LIMRK, PA WP (Lat. 40°13′19.44″ N, long. 075°33′36.96″ W) East Texas, PA (ETX) VOR/DME (Lat. 40°34′51.74″ N, long. 075°41′02.51″ W) WLKES, PA WP (Lat. 41°16′22.57″ N, long. 075°41′21.60″ W) Binghamton, NY (CFB) VOR/DME (Lat. 42°09′26.96″ N, long. 076°08′11.30″ W) CORTA, NY FIX (Lat. 42°40′25.65″ N, long. 076°04′34.93″ W) Syracuse, NY (SYR) VORTAC (Lat. 43°09′37.87″ N, long. 076°12′16.41″ W) * * * * * Issued in Washington, DC, on August 4, 2022. Scott M. Rosenbloom, Manager, Airspace Rules and Regulations. [FR Doc. 2022–17206 Filed 8–12–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1952 [Docket No. OSHA–2021–0012] RIN 1218–AD43 Arizona State Plan for Occupational Safety and Health; Proposed Reconsideration and Revocation; Reopening of Comment Period; Postponement of Public Hearing Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notification of limited reopening of rulemaking record; notification of postponement of public hearing. AGENCY: OSHA is reopening the comment period for an additional 60 days to allow for additional public comment on specific topics. Additionally, OSHA is postponing the tentatively scheduled informal public hearing. Before making any decisions about future proceedings, OSHA will review all of the comments on the proposal, including any comments submitted during the reopening of the comment period. Thus, any further decisions about the scheduling of a hearing are in abeyance until that time. Announcements about any future hearing dates will be published by notice in the Federal Register. DATES: Written comments in response to OSHA’s reopening of the comment khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:49 Aug 12, 2022 Jkt 256001 period must be submitted to Docket No. OSHA–2021–0012 by October 14, 2022. ADDRESSES: Written comments: You may submit comments and attachments electronically at www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow the instructions on-line for making electronic submissions. Instructions: All submissions must include the agency name and docket number for this rulemaking (Docket No. OSHA–2021–0012). All submissions, including any personal information, are placed in the public docket without change and may be available online at www.regulations.gov. Therefore, OSHA cautions you about submitting certain personal information, such as social security numbers and birthdates. Docket: To read or download comments and materials submitted in response to this Federal Register notice, go to Docket No. OSHA–2021–0012 at www.regulations.gov. All comments and submissions are listed in the www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through that website. All comments and submissions are available for inspection and, where permissible, copying at the OSHA Docket Office, U.S. Department of Labor; telephone: (202) 693–2350 (TTY number: (877) 889–5627). Documents submitted to the docket by OSHA or stakeholders are assigned document identification numbers (Document ID) for easy identification and retrieval. The full Document ID is the docket number plus a unique fourdigit code. For example, the full Document ID number for the comment submitted by the Industrial Commission of Arizona (ICA) and the Arizona Division of Occupational Safety and Health (ADOSH), which is discussed in more detail below, is Document ID OSHA–2021–0012–0228. OSHA will identify this comment, and other PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 comments in the rulemaking, by the term ‘‘Document ID’’ followed by the comment’s unique four-digit code. Electronic copies of this Federal Register document are available at www.regulations.gov. This document, as well as news releases and other relevant information, is also available at OSHA’s website at www.osha.gov. FOR FURTHER INFORMATION CONTACT: For press inquiries: Contact Frank Meilinger, OSHA Office of Communications, U.S. Department of Labor; telephone (202) 693–1999; email meilinger.francis2@dol.gov. For general and technical information: Contact Douglas J. Kalinowski, Director, OSHA Directorate of Cooperative and State Programs, U.S. Department of Labor; telephone (202) 693–2200; email: kalinowski.doug@ dol.gov. SUPPLEMENTARY INFORMATION: On April 21, 2022, OSHA published a Notice of Proposed Reconsideration and Revocation of Final Approval of the Arizona State Plan for Occupational Safety and Health (Notice) (87 FR 23783). Comments were initially due on May 26, 2022. In response to requests from the public, OSHA extended the comment period to July 5, 2022 (87 FR 31442). OSHA received 197 comments concerning the proposal during the comment period. The April 21, 2022 document tentatively scheduled an informal public hearing on the proposal to begin on August 16, 2022. I. Additional Information and Request for Comment On July 5, 2022, the last day of the comment period, the Industrial Commission of Arizona (ICA) and its sub-agency, the Arizona Division of Occupational Safety and Health (ADOSH), submitted a comment on the proposal (Document ID 0228). Therein, the ICA and ADOSH stated that Arizona has completed a number of measures to address the concerns OSHA identified E:\FR\FM\15AUP1.SGM 15AUP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 50026 Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Proposed Rules in the proposal. Among other things, ICA and ADOSH stated that: • Arizona has updated all of its State Plan Application (‘‘SPA’’) portal entries to accurately reflect adoption dates for National Emphasis Programs (NEPs) and final rules. • Arizona is in the final stage of the rulemaking process to adopt the following final rules: Standards Improvement Project Phase-IV (‘‘SIP– IV’’); Beryllium in Construction and Shipyards; and Cranes and Derricks in Construction: Railroad Roadway Work.1 • The ICA adopted an increase to the minimum penalties for serious and nonserious violations to match OSHA minimums on October 21, 2021. • On June 23, 2022, the Arizona Legislature passed House Bill (‘‘HB’’) 2120, amending A.R.S. § 23–418 to tie the statutory ADOSH maximum penalties (and minimum penalties for willful/repeat violations) to the corresponding OSHA maximum and minimum penalty levels, with annual adjustments for inflation.2 • HB 2120 also amended A.R.S. § 23– 414 to authorize adoption of an Emergency Temporary Standard (‘‘ETS’’) when either the ICA OR OSHA deems the grave danger criteria met. • Arizona adopted the recordkeeping and COVID–19 log requirements in OSHA’s COVID–19 Healthcare ETS as a permanent standard on February 17, 2022. (Document ID 0228, pp. 2–3). Additionally, ICA and ADOSH clarified that Arizona had adopted the two NEPs that OSHA had specifically identified as not yet adopted by the State Plan in the proposal, i.e., the NEP on Amputations in Manufacturing Industries, CPL 03–00–022 (adoption due June 10, 2020), and the NEP on Respirable Crystalline Silica, CPL 03– 00–023 (adoption due August 4, 2020) (Document ID 0228, pp. 29–30). As to the NEP on Amputations in Manufacturing Industries, ICA and ADOSH stated that Arizona adopted the updated NEP on April 20, 2022 (Document ID 0228, p. 30). And, as to the NEP on Respirable Crystalline Silica, ICA and ADOSH stated that Arizona did not send the NEP implementation documentation to OSHA until April 20, 2022, but actual adoption was accomplished in June 2020 (Document ID 0228, p. 28). Further, ICA and ADOSH responded to OSHA’s concerns regarding Arizona’s 1 OSHA’s records reflect that Arizona has now completed this process. Consequently, it has adopted all three of these final rules. 2 Arizona’s governor signed H.B. 2120 into law on July 6, 2022 (see https://apps.azleg.gov/BillStatus/ BillOverview/76526). VerDate Sep<11>2014 16:49 Aug 12, 2022 Jkt 256001 failure to provide OSHA with the required documentation of adoption of certain measures, as required by statute and regulations. For example, although ICA and ADOSH do not appear to dispute that Arizona failed to timely provide OSHA with documentation of adoption of the NEP on Trenching and Excavation, they asserted that Arizona began conducting inspections under the NEP on Trenching and Excavation as early as May 7, 2019, indicating that the NEP had, in fact, been adopted and implemented shortly after the adoption deadline (Document ID 0228, pp. 29– 30). OSHA has reviewed its records alongside ICA and ADOSH’s comment and finds that (with one minor exception) all of the ICA and ADOSH assertions described in this Notice are accurate.3 As noted above, ICA and ADOSH submitted their comment on the last day of the comment period. Moreover, as noted above, HB 2120, the bill that addressed issues related to maximum penalties and Arizona’s authority to adopt an ETS, was not signed into law until July 6, 2022, the day after the comment period closed. Because the information provided in the ICA and ADOSH comment suggests that Arizona has taken steps to address items that were fundamental to OSHA’s decision to propose revocation of Arizona’s final approval (87 FR 23785–87), OSHA is reopening the comment period on a limited basis to allow stakeholders to submit additional comments. Specifically, OSHA invites stakeholders to submit comments on the actions referenced in ICA and ADOSH’s July 5, 2022, comment and any impact those actions should have on OSHA’s proposed revocation of the State Plan’s final approval. In particular, stakeholders who previously submitted comments should note in any new comments whether they wish to revise or withdraw any portion of their previously-submitted comments. Following the reopened comment period, OSHA will consider any supplemental comments received, in addition to comments already received, as it makes decisions regarding future proceedings and whether to finalize its proposal to revoke final approval of the Arizona State Plan. II. Postponement of Informal Hearing In its April 21, 2022, publication, OSHA explained that any interested person could request an informal 3 OSHA’s records reflect that Arizona sent documentation of the adoption of the NEP on Respirable Crystalline Silica on May 26, 2022, not April 20, 2022. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 hearing concerning the proposed revocation (87 FR at 23783). OSHA indicated it would hold such a hearing if the Assistant Secretary of Labor for Occupational Safety and Health (Assistant Secretary) found that substantial objections had been filed (Id.). To allow for this possibility, the agency tentatively scheduled an informal public hearing on the proposal, beginning August 16, 2022 (Id.). In light of the reopening of the comment period, OSHA is postponing the public hearing scheduled to begin on August 16. Before making any decisions about future proceedings, OSHA will review all of the comments on the proposal, including any comments submitted during the reopening of the comment period. Thus, any further decisions about the scheduling of a hearing are in abeyance until that time. Announcements about any future hearing dates will be published by notice in the Federal Register. III. Public Participation The Assistant Secretary’s decision whether to continue or revoke the Arizona State Plan’s final approval will be made after careful consideration of all relevant information presented in this rulemaking (29 CFR 1902.52(a)). To aid the Assistant Secretary in making this decision, OSHA is soliciting public participation in this process. Interested parties are encouraged to submit comments on the actions referenced in ICA’s July 5, 2022, comment and any impact those actions should have on OSHA’s proposed revocation of the State Plan’s final approval. Notice in the State of Arizona: Arizona is required to publish reasonable notice of the contents of this Federal Register notice within the State no later than 10 days following the date of publication of this notice (29 CFR 1902.49(a)). Written comments: OSHA invites interested persons to submit written data, views, and comments with respect to the topics identified above. When submitting comments, persons must follow the procedures specified above in the sections titled DATES and ADDRESSES. Submissions must clearly identify the issues addressed and the positions taken. Stakeholders that previously submitted comments should note in any new comments whether they wish to revise or withdraw any portion of their previously submitted comments as the agency makes decisions regarding future proceedings and whether to finalize its proposal to revoke the Arizona State Plan’s final approval. Comments received by the end of the specified E:\FR\FM\15AUP1.SGM 15AUP1 Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Proposed Rules comment period will become part of the record and will be available for public inspection and, where permissible, copying at the OSHA Docket Office, as well as online at www.regulations.gov (Docket Number OSHA–2021–0012). Authority and Signature Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC authorized the preparation of this document 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. 8–2020 (85 FR 58393 (Sept. 18, 2020)), and 29 CFR parts 1902, 1952, 1953, 1954, and 1955. Signed at Washington, DC. Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2022–17507 Filed 8–11–22; 11:15 am] BILLING CODE 4510–26–P POSTAL REGULATORY COMMISSION 39 CFR Part 3030 [Docket No. RM2022–12; Order No. 6244] Application for Waiver of Workshare Discount Postal Regulatory Commission. Application for waiver; comment request. AGENCY: ACTION: The Commission is acknowledging a Postal Service application for waiver pursuant to Commission regulations as it relates to a workshare discount. This document informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: August 16, 2022. SUMMARY: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. khammond on DSKJM1Z7X2PROD with PROPOSALS ADDRESSES: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Background VerDate Sep<11>2014 16:49 Aug 12, 2022 Jkt 256001 III. Application for Waiver IV. Notice and Comment V. Ordering Paragraphs accompanying information are set forth in 39 CFR 3030.286(c)(4) through (7).3 I. Introduction On August 8, 2022, the Postal Service filed an application for waiver pursuant to 39 CFR 3030.286 requesting that the Commission waive the applicability of 39 CFR 3030.283 for the workshare discount associated with USPS Marketing Mail Carrier Route Flats dropshipped at the Destination Delivery Unit (DDU) in the next rate adjustment filing.1 II. Background Pursuant to 39 CFR 3030.283, a workshare discount proposed by the Postal Service in any rate adjustment filing that exceeds the cost avoided must either be associated with a new postal service, a change to an existing postal service, or a new workshare initiative; be at least a 20 percent decrease from the existing workshare discount; or provided in connection with a subclass of mail, consisting exclusively of mail matter of educational, cultural, scientific, or informational value (39 U.S.C. 3622(e)(2)(C)) and is in compliance with 39 CFR 3030.285(c).2 If the proposed workshare discount does not comply with the limitations of 39 CFR 3030.283, the Postal Service must file an application for waiver pursuant to 39 CFR 3030.286. See 39 CFR 3030.283(d); 39 CFR 3030.286. The Postal Service’s waiver application must be supported by a preponderance of the evidence and demonstrate that a waiver from the limitations imposed by 39 CFR 3030.283 should be granted. See 39 CFR 3030.286(b). The Postal Service must include the grounds for a waiver, including all relevant supporting analysis; the length of time the waiver will be necessary; for each subsequent rate adjustment filing planned to occur during the length of time for which a waiver is sought, a representation of the proposed minimum amount of the change to the workshare discount; and any other relevant information. See also 39 CFR 3030.286(c)(1) through (3) and (8). Grounds for waiver for an excessive workshare discount and the required 1 United States Postal Service Application for a Waiver Under 39 CFR 3030.286, August 8, 2022 (Application). The Postal Service’s Application is accompanied by a Statement in Support of Waiver Application (Supporting Statement). 2 See 39 CFR 3030.283. The relationship between workshare discounts and avoided costs is usually expressed as a percentage called a passthrough, which is calculated by dividing the discount by the avoided cost. Workshare discounts with passthroughs above 100 percent are considered excessive workshare discounts. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 50027 III. Application for Waiver The Postal Service requests a waiver of 39 CFR 3030.283 for the workshare discount associated with USPS Marketing Mail Carrier Route Flats dropshipped at the DDU in the next rate adjustment proceeding to be filed no sooner than October 7, 2022. Application at 1. The Postal Service states that the methodology used in calculating passthroughs for USPS Marketing Mail flat-shaped pieces results in volatile passthrough percentages, making compliance with 39 CFR 3030.283 difficult. Application, Supporting Statement at 3. It further states that, to overcome this volatility and comply with 39 CFR 3030.283, would require irrational pricing. Id. at 6–7. The Postal Service illustrates this issue in a worksheet that accompanies the Supporting Statement. Id. at 7; see also Excel file ‘‘RM2022–12 Waiver.xlsx.’’ The Postal Service maintains that its waiver request should be granted for three reasons. First, the Postal Service intends to ‘‘seek approval of prices that will minimize non-compliance and its consequences’’ and would be limited to the passthrough for USPS Marketing Mail Carrier Route Flats pieces dropshipped at the DDU. Application, Supporting Statement at 8. Furthermore, it states that, because the volume of these pieces is relatively low, ‘‘the cost of [ ] non-compliance is only approximately, $200,000. . .and that amount will inure to the benefit of the mailers in any event.’’ Id. Second, the Postal Service maintains that compliance with 39 CFR 3030.283 would require irrational pricing due to ‘‘happenstance,’’ and not ‘‘the result of any failure of effort, planning, or implementation by the Postal Service.’’ Id. at 8–9. Finally, the Postal Service believes additional waivers of this nature for USPS Marketing Mail Flats will not be necessary beyond the next rate adjustment proceeding. Id. at 9. This is because the Postal Service is ‘‘investigating structural changes in [the] pricing of flat- and parcel-shaped pieces leading to a simplified methodology in the calculation of passthroughs.’’ Id. 3 Grounds for waiver for an excessive cost workshare discount relate to rate shock; the impediment of efficient postal operations; a loss of volume in the affected category of mail and a reduction in the aggregate contribution to the Postal Service’s institutional costs from the mail that is subject to the discount; and non-compensatory products. See 39 CFR 3030.286(c)(4) through (7). E:\FR\FM\15AUP1.SGM 15AUP1

Agencies

[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Proposed Rules]
[Pages 50025-50027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17507]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

[Docket No. OSHA-2021-0012]
RIN 1218-AD43


Arizona State Plan for Occupational Safety and Health; Proposed 
Reconsideration and Revocation; Reopening of Comment Period; 
Postponement of Public Hearing

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notification of limited reopening of rulemaking record; 
notification of postponement of public hearing.

-----------------------------------------------------------------------

SUMMARY: OSHA is reopening the comment period for an additional 60 days 
to allow for additional public comment on specific topics. 
Additionally, OSHA is postponing the tentatively scheduled informal 
public hearing. Before making any decisions about future proceedings, 
OSHA will review all of the comments on the proposal, including any 
comments submitted during the reopening of the comment period. Thus, 
any further decisions about the scheduling of a hearing are in abeyance 
until that time. Announcements about any future hearing dates will be 
published by notice in the Federal Register.

DATES: Written comments in response to OSHA's reopening of the comment 
period must be submitted to Docket No. OSHA-2021-0012 by October 14, 
2022.

ADDRESSES: 
    Written comments: You may submit comments and attachments 
electronically at www.regulations.gov, which is the Federal e-
Rulemaking Portal. Follow the instructions on-line for making 
electronic submissions.
    Instructions: All submissions must include the agency name and 
docket number for this rulemaking (Docket No. OSHA-2021-0012). All 
submissions, including any personal information, are placed in the 
public docket without change and may be available online at 
www.regulations.gov. Therefore, OSHA cautions you about submitting 
certain personal information, such as social security numbers and 
birthdates.
    Docket: To read or download comments and materials submitted in 
response to this Federal Register notice, go to Docket No. OSHA-2021-
0012 at www.regulations.gov. All comments and submissions are listed in 
the www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through that website. All comments and submissions are available for 
inspection and, where permissible, copying at the OSHA Docket Office, 
U.S. Department of Labor; telephone: (202) 693-2350 (TTY number: (877) 
889-5627).
    Documents submitted to the docket by OSHA or stakeholders are 
assigned document identification numbers (Document ID) for easy 
identification and retrieval. The full Document ID is the docket number 
plus a unique four-digit code. For example, the full Document ID number 
for the comment submitted by the Industrial Commission of Arizona (ICA) 
and the Arizona Division of Occupational Safety and Health (ADOSH), 
which is discussed in more detail below, is Document ID OSHA-2021-0012-
0228. OSHA will identify this comment, and other comments in the 
rulemaking, by the term ``Document ID'' followed by the comment's 
unique four-digit code.
    Electronic copies of this Federal Register document are available 
at www.regulations.gov. This document, as well as news releases and 
other relevant information, is also available at OSHA's website at 
www.osha.gov.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Contact Frank Meilinger, OSHA Office of 
Communications, U.S. Department of Labor; telephone (202) 693-1999; 
email [email protected].
    For general and technical information: Contact Douglas J. 
Kalinowski, Director, OSHA Directorate of Cooperative and State 
Programs, U.S. Department of Labor; telephone (202) 693-2200; email: 
[email protected].

SUPPLEMENTARY INFORMATION: On April 21, 2022, OSHA published a Notice 
of Proposed Reconsideration and Revocation of Final Approval of the 
Arizona State Plan for Occupational Safety and Health (Notice) (87 FR 
23783). Comments were initially due on May 26, 2022. In response to 
requests from the public, OSHA extended the comment period to July 5, 
2022 (87 FR 31442). OSHA received 197 comments concerning the proposal 
during the comment period. The April 21, 2022 document tentatively 
scheduled an informal public hearing on the proposal to begin on August 
16, 2022.

I. Additional Information and Request for Comment

    On July 5, 2022, the last day of the comment period, the Industrial 
Commission of Arizona (ICA) and its sub-agency, the Arizona Division of 
Occupational Safety and Health (ADOSH), submitted a comment on the 
proposal (Document ID 0228). Therein, the ICA and ADOSH stated that 
Arizona has completed a number of measures to address the concerns OSHA 
identified

[[Page 50026]]

in the proposal. Among other things, ICA and ADOSH stated that:
     Arizona has updated all of its State Plan Application 
(``SPA'') portal entries to accurately reflect adoption dates for 
National Emphasis Programs (NEPs) and final rules.
     Arizona is in the final stage of the rulemaking process to 
adopt the following final rules: Standards Improvement Project Phase-IV 
(``SIP-IV''); Beryllium in Construction and Shipyards; and Cranes and 
Derricks in Construction: Railroad Roadway Work.\1\
---------------------------------------------------------------------------

    \1\ OSHA's records reflect that Arizona has now completed this 
process. Consequently, it has adopted all three of these final 
rules.
---------------------------------------------------------------------------

     The ICA adopted an increase to the minimum penalties for 
serious and non-serious violations to match OSHA minimums on October 
21, 2021.
     On June 23, 2022, the Arizona Legislature passed House 
Bill (``HB'') 2120, amending A.R.S. Sec.  23-418 to tie the statutory 
ADOSH maximum penalties (and minimum penalties for willful/repeat 
violations) to the corresponding OSHA maximum and minimum penalty 
levels, with annual adjustments for inflation.\2\
---------------------------------------------------------------------------

    \2\ Arizona's governor signed H.B. 2120 into law on July 6, 2022 
(see https://apps.azleg.gov/BillStatus/BillOverview/76526).
---------------------------------------------------------------------------

     HB 2120 also amended A.R.S. Sec.  23-414 to authorize 
adoption of an Emergency Temporary Standard (``ETS'') when either the 
ICA OR OSHA deems the grave danger criteria met.
     Arizona adopted the recordkeeping and COVID-19 log 
requirements in OSHA's COVID-19 Healthcare ETS as a permanent standard 
on February 17, 2022.

(Document ID 0228, pp. 2-3).
    Additionally, ICA and ADOSH clarified that Arizona had adopted the 
two NEPs that OSHA had specifically identified as not yet adopted by 
the State Plan in the proposal, i.e., the NEP on Amputations in 
Manufacturing Industries, CPL 03-00-022 (adoption due June 10, 2020), 
and the NEP on Respirable Crystalline Silica, CPL 03-00-023 (adoption 
due August 4, 2020) (Document ID 0228, pp. 29-30). As to the NEP on 
Amputations in Manufacturing Industries, ICA and ADOSH stated that 
Arizona adopted the updated NEP on April 20, 2022 (Document ID 0228, p. 
30). And, as to the NEP on Respirable Crystalline Silica, ICA and ADOSH 
stated that Arizona did not send the NEP implementation documentation 
to OSHA until April 20, 2022, but actual adoption was accomplished in 
June 2020 (Document ID 0228, p. 28).
    Further, ICA and ADOSH responded to OSHA's concerns regarding 
Arizona's failure to provide OSHA with the required documentation of 
adoption of certain measures, as required by statute and regulations. 
For example, although ICA and ADOSH do not appear to dispute that 
Arizona failed to timely provide OSHA with documentation of adoption of 
the NEP on Trenching and Excavation, they asserted that Arizona began 
conducting inspections under the NEP on Trenching and Excavation as 
early as May 7, 2019, indicating that the NEP had, in fact, been 
adopted and implemented shortly after the adoption deadline (Document 
ID 0228, pp. 29-30). OSHA has reviewed its records alongside ICA and 
ADOSH's comment and finds that (with one minor exception) all of the 
ICA and ADOSH assertions described in this Notice are accurate.\3\
---------------------------------------------------------------------------

    \3\ OSHA's records reflect that Arizona sent documentation of 
the adoption of the NEP on Respirable Crystalline Silica on May 26, 
2022, not April 20, 2022.
---------------------------------------------------------------------------

    As noted above, ICA and ADOSH submitted their comment on the last 
day of the comment period. Moreover, as noted above, HB 2120, the bill 
that addressed issues related to maximum penalties and Arizona's 
authority to adopt an ETS, was not signed into law until July 6, 2022, 
the day after the comment period closed. Because the information 
provided in the ICA and ADOSH comment suggests that Arizona has taken 
steps to address items that were fundamental to OSHA's decision to 
propose revocation of Arizona's final approval (87 FR 23785-87), OSHA 
is reopening the comment period on a limited basis to allow 
stakeholders to submit additional comments. Specifically, OSHA invites 
stakeholders to submit comments on the actions referenced in ICA and 
ADOSH's July 5, 2022, comment and any impact those actions should have 
on OSHA's proposed revocation of the State Plan's final approval. In 
particular, stakeholders who previously submitted comments should note 
in any new comments whether they wish to revise or withdraw any portion 
of their previously-submitted comments. Following the reopened comment 
period, OSHA will consider any supplemental comments received, in 
addition to comments already received, as it makes decisions regarding 
future proceedings and whether to finalize its proposal to revoke final 
approval of the Arizona State Plan.

II. Postponement of Informal Hearing

    In its April 21, 2022, publication, OSHA explained that any 
interested person could request an informal hearing concerning the 
proposed revocation (87 FR at 23783). OSHA indicated it would hold such 
a hearing if the Assistant Secretary of Labor for Occupational Safety 
and Health (Assistant Secretary) found that substantial objections had 
been filed (Id.). To allow for this possibility, the agency tentatively 
scheduled an informal public hearing on the proposal, beginning August 
16, 2022 (Id.).
    In light of the reopening of the comment period, OSHA is postponing 
the public hearing scheduled to begin on August 16. Before making any 
decisions about future proceedings, OSHA will review all of the 
comments on the proposal, including any comments submitted during the 
reopening of the comment period. Thus, any further decisions about the 
scheduling of a hearing are in abeyance until that time. Announcements 
about any future hearing dates will be published by notice in the 
Federal Register.

III. Public Participation

    The Assistant Secretary's decision whether to continue or revoke 
the Arizona State Plan's final approval will be made after careful 
consideration of all relevant information presented in this rulemaking 
(29 CFR 1902.52(a)). To aid the Assistant Secretary in making this 
decision, OSHA is soliciting public participation in this process. 
Interested parties are encouraged to submit comments on the actions 
referenced in ICA's July 5, 2022, comment and any impact those actions 
should have on OSHA's proposed revocation of the State Plan's final 
approval.
    Notice in the State of Arizona: Arizona is required to publish 
reasonable notice of the contents of this Federal Register notice 
within the State no later than 10 days following the date of 
publication of this notice (29 CFR 1902.49(a)).
    Written comments: OSHA invites interested persons to submit written 
data, views, and comments with respect to the topics identified above. 
When submitting comments, persons must follow the procedures specified 
above in the sections titled DATES and ADDRESSES. Submissions must 
clearly identify the issues addressed and the positions taken. 
Stakeholders that previously submitted comments should note in any new 
comments whether they wish to revise or withdraw any portion of their 
previously submitted comments as the agency makes decisions regarding 
future proceedings and whether to finalize its proposal to revoke the 
Arizona State Plan's final approval. Comments received by the end of 
the specified

[[Page 50027]]

comment period will become part of the record and will be available for 
public inspection and, where permissible, copying at the OSHA Docket 
Office, as well as online at www.regulations.gov (Docket Number OSHA-
2021-0012).

Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue 
NW, Washington, DC authorized the preparation of this document 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. 8-
2020 (85 FR 58393 (Sept. 18, 2020)), and 29 CFR parts 1902, 1952, 1953, 
1954, and 1955.

    Signed at Washington, DC.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-17507 Filed 8-11-22; 11:15 am]
BILLING CODE 4510-26-P
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