California Occupational Safety and Health State Plan; Operational Status Agreement, 702-703 [2024-00047]

Download as PDF 702 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Rules and Regulations Authority: 22 U.S.C. 2651a; 31 U.S.C. 3801 et seq.; Pub. L. 114–74, 129 Stat. 584. ■ § 35.3 Kevin E. Bryant, Deputy Director, Office of Directives Management, Department of State. [Amended] 2. In § 35.3: a. In paragraphs (a)(1) introductory text, (b)(1)(ii), and (f) remove ‘‘$13,508’’ and add in its place ‘‘13,946; and ■ b. In paragraph (f), remove ‘‘$405,270’’ and add in its place ‘‘$418,405’’. ■ ■ PART 103—REGULATIONS FOR IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION AND THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT OF 1998 ON THE TAKING OF SAMPLES AND ON ENFORCEMENT OF REQUIREMENTS CONCERNING RECORDKEEPING AND INSPECTIONS 3. The authority citation for part 103 continues to read as follows: Authority: 22 U.S.C. 2651a; 22 U.S.C. 6701 et seq.; Pub. L. 114–74, 129 Stat. 584. [Amended] 4. In § 103.6: a. In paragraph (a)(1), remove ‘‘$45,429’’ and add in its place ‘‘$46,901’’; and ■ b. In paragraph (a)(2), remove ‘‘$9,086’’ and add in its place ‘‘$9,380’’. ■ ■ PART 127—VIOLATIONS AND PENALTIES [Amended] 6. In § 127.10: a. In paragraph (a)(1)(i), remove ‘‘$1,200,000’’ and add in its place ‘‘$1,238,892’’; ■ b. In paragraph (a)(1)(ii), remove ‘‘$996,685’’ and add in its place ‘‘$1,028,988’’; and ■ c. In paragraph (a)(1)(iii), remove ‘‘$1,186,338’’ and add in its place ‘‘$1,224,787’’. ■ ■ 7. The authority citation for part 138 continues to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 Authority: 22 U.S.C. 2651a; 31 U.S.C. 1352; Pub. L. 114–74, 129 Stat. 584. [Amended] 8. In § 138.400: a. In paragraphs (a), (b), and (e), remove ‘‘$23,727’’ and ‘‘$237,268’’ and add in their place ‘‘$24,496’’ and ‘‘$244,958’’, respectively; and VerDate Sep<11>2014 16:13 Jan 04, 2024 Jkt 262001 Occupational Safety and Health Administration 29 CFR Part 1952 California Occupational Safety and Health State Plan; Operational Status Agreement Occupational Safety and Health Administration, Labor. ACTION: Notification of revisions to the California State Plan’s Operational Status Agreement. This document announces a new Operational Status Agreement between the Occupational Safety and Health Administration (OSHA) and the California State Plan, which specifies the areas of State responsibility and delineates continuing Federal responsibilities. SUMMARY: Effective January 5, 2024. For press inquiries: Francis Meilinger, OSHA Office of Communications; 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; telephone: (202) 693–2200; email: kalinowski.doug@dol.gov. SUPPLEMENTARY INFORMATION: I. Background PART 138—RESTRICTIONS ON LOBBYING ■ ■ DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT: Authority: Sections 2, 38, and 42, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22 U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78 FR 16129; Pub. L. 114–74, 129 Stat. 584. § 138.400 BILLING CODE 4710–08–P DATES: 5. The authority citation for part 127 continues to read as follows: ■ § 127.10 [FR Doc. 2023–29003 Filed 1–4–24; 8:45 am] AGENCY: ■ § 103.6 b. In paragraph (e), remove ‘‘$23,343’’ and add in its place ‘‘$24,100’’. California administers an OSHAapproved State Plan to develop and enforce occupational safety and health standards for public-sector and privatesector employers, pursuant to the provisions of Section 18 of the Occupational Safety and Health Act (the OSH Act), 29 U.S.C. 667. The California Occupational Safety and Health State Plan received initial Federal OSHA approval on May 1, 1973 (38 FR 10717), pursuant to Section 18(c) of the OSH Act (29 U.S.C. 667(c)), and the Division of Occupational Safety and Health of the California Department of Industrial Relations (DIR) was designated as the state agency responsible for administering the State Plan. Pursuant to Section 18(e) of the Act, 29 U.S.C. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 667(e), as implemented by 29 CFR 1954.3, OSHA and California DIR entered into an initial Operational Status Agreement (OSA) on October 3, 1989, whereby concurrent Federal enforcement authority was suspended with regard to Federal occupational safety and health standards in issues covered by the State Plan. The 1989 OSA was published in the Federal Register on July 12, 1990 (55 FR 28612). Subsequently, on April 30, 2014, OSHA and California DIR signed a new OSA, which replaced the prior 1989 OSA. The new 2014 OSA was published in the Federal Register on June 2, 2017 (82 FR 25631). II. Notification of New Operational Status Agreement On September 15, 2022, OSHA and California DIR signed a new OSA, which replaced the prior 2014 OSA. The new OSA remains largely the same as the 2014 OSA, but includes a few necessary clarifications and corrections, as briefly described herein. First, the 2022 OSA clarifies that Federal OSHA enforcement authority within U.S. military installations applies when the installations’ borders are ‘‘secured’’ and access is controlled, but that California DIR continues to have enforcement authority over state and local government employers on such military installations. Second, the 2022 OSA defines the ‘‘Federal enclaves’’ over which Federal OSHA retains enforcement authority, and revises the specific list of recognized Federal enclaves to bring that list up to date. Third, the 2022 OSA clarifies the scope of Federal OSHA enforcement authority over employers operating on Native American Reservations or Trust lands, including that California DIR continues to have enforcement authority over state and local government employers operating on such lands and over Tribal member employers operating outside of such lands. Fourth, and finally, the 2022 OSA clarifies that the definition of ‘‘maritime employment’’ over which Federal OSHA maintains enforcement authority includes all afloat dredging and pile-driving and similar operations on navigable waters, and all floating drilling platforms on navigable waters. Effective immediately, Federal OSHA and California DIR will exercise their respective enforcement authorities according to the terms of the 2022 OSA between them. As detailed in the 2022 OSA, Federal enforcement responsibility under the OSH Act will continue to be exercised with regard to: Federal Government employers, including the United States Postal Service (USPS), as well as contractors E:\FR\FM\05JAR1.SGM 05JAR1 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Rules and Regulations and contractor-operated facilities engaged in USPS mail operations; private sector employers within the secured borders of all United States military installations where access is controlled; private sector employers within the borders of Federal enclaves, including property where the Federal government reserved jurisdiction when the State of California entered the Union and where Federal properties were acquired from the State of California with the consent of the State legislature; private sector employers and Native American-owned or tribal workplaces within the borders of all U.S. Government recognized Native American Reservations or on lands held in Trust for the various tribes in California; and maritime employment (except marine construction, which the State covers on bridges, and on shore) on the navigable waters of the United States. Federal responsibility will also continue to be exercised with regard to investigation and inspection for the purpose of carrying out the monitoring obligations under Section 18(f) of the OSH Act, 29 U.S.C. 667(f), as implemented by 29 CFR part 1954, and the enforcement of complaints filed with Federal OSHA under the OSH Act’s whistleblower provision, Section 11(c), 29 U.S.C. 660(c). For further information please visit https:// www.osha.gov/stateplans/ca. 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 20210, authorized the preparation of this notice. OSHA is issuing this notification 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 and 1953. Signed in Washington, DC. Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2024–00047 Filed 1–4–24; 8:45 am] BILLING CODE 4510–26–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 147 [EPA–HQ–OW–2023–0073; FRL 9916–02– OW] State of Louisiana Underground Injection Control Program; Class VI Primacy Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency is approving an application from the state of Louisiana to revise the state’s Safe Drinking Water Act (SDWA) section 1422 underground injection control (UIC) program to include Class VI injection well primary enforcement responsibility (primacy). This final rule allows the Louisiana Department of Natural Resources to issue UIC permits for geologic carbon sequestration facilities as Class VI wells and ensure compliance of Class VI wells under the UIC program within the state. The EPA will remain the permitting authority for all well classes in Indian lands within the state and will also oversee Louisiana’s administration of the state’s UIC Class VI program as authorized under SDWA. DATES: This final rule is effective on February 5, 2024. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on February 5, 2024. For judicial purposes, this final rule is promulgated as of January 5, 2024. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OW–2023–0073. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by law. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https:// www.regulations.gov. SUMMARY: lotter on DSK11XQN23PROD with RULES1 FOR FURTHER INFORMATION CONTACT: Suzanne Kelly, Drinking Water Infrastructure Development Division, Office of Ground Water and Drinking Water (4606M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564–3887; or VerDate Sep<11>2014 16:13 Jan 04, 2024 Jkt 262001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 703 Lisa Pham, U.S. EPA Region 6, Groundwater/UIC Section (Mail code WDDG), 1201 Elm Street, Suite 500, Dallas, Texas 75720–2102; telephone number: (214) 665–8326. Both can be reached by emailing: LAClassVINOA@ epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction A. UIC Program and Primary Enforcement Authority (Primacy) B. Class VI Wells Under the UIC Program C. Louisiana UIC Programs D. Final Rule II. Legal Authorities III. Louisiana’s Application for Class VI Primacy A. Background B. Public Participation Activities Conducted by Louisiana C. Environmental Justice (EJ) in Class VI Permitting D. Summary of the EPA’s Comprehensive Evaluation E. Public Participation Activities Conducted by the EPA IV. Public Comments and the EPA’s Responses A. Public Comments B. The EPA’s Response to Comments V. Incorporation by Reference VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations; Executive Order 14096: Revitalizing Our Nation’s Commitment to Environmental Justice for All K. Congressional Review Act (CRA) VII. References I. Introduction A. UIC Program and Primary Enforcement Authority (Primacy) The Safe Drinking Water Act (also known as SDWA), 42 U.S.C. 300h–1, was passed by Congress in 1974. It protects public health by regulating the nation’s public drinking water supply, including both surface and groundwater E:\FR\FM\05JAR1.SGM 05JAR1

Agencies

[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Rules and Regulations]
[Pages 702-703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00047]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952


California Occupational Safety and Health State Plan; Operational 
Status Agreement

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notification of revisions to the California State Plan's 
Operational Status Agreement.

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

SUMMARY: This document announces a new Operational Status Agreement 
between the Occupational Safety and Health Administration (OSHA) and 
the California State Plan, which specifies the areas of State 
responsibility and delineates continuing Federal responsibilities.

DATES: Effective January 5, 2024.

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

SUPPLEMENTARY INFORMATION:

I. Background

    California administers an OSHA-approved State Plan to develop and 
enforce occupational safety and health standards for public-sector and 
private-sector employers, pursuant to the provisions of Section 18 of 
the Occupational Safety and Health Act (the OSH Act), 29 U.S.C. 667. 
The California Occupational Safety and Health State Plan received 
initial Federal OSHA approval on May 1, 1973 (38 FR 10717), pursuant to 
Section 18(c) of the OSH Act (29 U.S.C. 667(c)), and the Division of 
Occupational Safety and Health of the California Department of 
Industrial Relations (DIR) was designated as the state agency 
responsible for administering the State Plan. Pursuant to Section 18(e) 
of the Act, 29 U.S.C. 667(e), as implemented by 29 CFR 1954.3, OSHA and 
California DIR entered into an initial Operational Status Agreement 
(OSA) on October 3, 1989, whereby concurrent Federal enforcement 
authority was suspended with regard to Federal occupational safety and 
health standards in issues covered by the State Plan. The 1989 OSA was 
published in the Federal Register on July 12, 1990 (55 FR 28612). 
Subsequently, on April 30, 2014, OSHA and California DIR signed a new 
OSA, which replaced the prior 1989 OSA. The new 2014 OSA was published 
in the Federal Register on June 2, 2017 (82 FR 25631).

II. Notification of New Operational Status Agreement

    On September 15, 2022, OSHA and California DIR signed a new OSA, 
which replaced the prior 2014 OSA. The new OSA remains largely the same 
as the 2014 OSA, but includes a few necessary clarifications and 
corrections, as briefly described herein. First, the 2022 OSA clarifies 
that Federal OSHA enforcement authority within U.S. military 
installations applies when the installations' borders are ``secured'' 
and access is controlled, but that California DIR continues to have 
enforcement authority over state and local government employers on such 
military installations. Second, the 2022 OSA defines the ``Federal 
enclaves'' over which Federal OSHA retains enforcement authority, and 
revises the specific list of recognized Federal enclaves to bring that 
list up to date. Third, the 2022 OSA clarifies the scope of Federal 
OSHA enforcement authority over employers operating on Native American 
Reservations or Trust lands, including that California DIR continues to 
have enforcement authority over state and local government employers 
operating on such lands and over Tribal member employers operating 
outside of such lands. Fourth, and finally, the 2022 OSA clarifies that 
the definition of ``maritime employment'' over which Federal OSHA 
maintains enforcement authority includes all afloat dredging and pile-
driving and similar operations on navigable waters, and all floating 
drilling platforms on navigable waters.
    Effective immediately, Federal OSHA and California DIR will 
exercise their respective enforcement authorities according to the 
terms of the 2022 OSA between them. As detailed in the 2022 OSA, 
Federal enforcement responsibility under the OSH Act will continue to 
be exercised with regard to: Federal Government employers, including 
the United States Postal Service (USPS), as well as contractors

[[Page 703]]

and contractor-operated facilities engaged in USPS mail operations; 
private sector employers within the secured borders of all United 
States military installations where access is controlled; private 
sector employers within the borders of Federal enclaves, including 
property where the Federal government reserved jurisdiction when the 
State of California entered the Union and where Federal properties were 
acquired from the State of California with the consent of the State 
legislature; private sector employers and Native American-owned or 
tribal workplaces within the borders of all U.S. Government recognized 
Native American Reservations or on lands held in Trust for the various 
tribes in California; and maritime employment (except marine 
construction, which the State covers on bridges, and on shore) on the 
navigable waters of the United States. Federal responsibility will also 
continue to be exercised with regard to investigation and inspection 
for the purpose of carrying out the monitoring obligations under 
Section 18(f) of the OSH Act, 29 U.S.C. 667(f), as implemented by 29 
CFR part 1954, and the enforcement of complaints filed with Federal 
OSHA under the OSH Act's whistleblower provision, Section 11(c), 29 
U.S.C. 660(c). For further information please visit https://www.osha.gov/stateplans/ca.

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 20210, authorized the preparation of this notice. 
OSHA is issuing this notification 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 and 1953.

    Signed in Washington, DC.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-00047 Filed 1-4-24; 8:45 am]
BILLING CODE 4510-26-P

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