Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36617

PART 524—OPHTHALMIC AND

TOPICAL DOSAGE FORM NEW

ANIMAL DRUGS

1. The authority citation for 21 CFR

part 524 continues to read as follows:

Authority: 21 U.S.C. 360b.

§ 524.1451 [Amended]

2. Section 524.1451 Moxidectin is

amended in the first sentence of

paragraph (d)(2) by removing the phrase

‘‘Beef and non-lactating dairy cattle’’

and by adding in its place the phrase

‘‘Beef and dairy cattle’’, and in

paragraph (d)(3) by removing the first

and second sentences.

PART 556—TOLERANCES FOR

RESIDUES OF NEW ANIMAL DRUGS

IN FOOD

3. The authority citation for 21 CFR

part 556 continues to read as follows:

Authority: 21 U.S.C. 342, 360b, 371.

4. Section 556.426 is revised to read

as follows:

§ 556.426 Moxidectin.

(a) Acceptable daily intake (ADI). The

ADI for total residues of moxidectin is

4 micrograms per kilogram of body

weight per day.

(b) Tolerances. The tolerance for

parent moxidectin (the marker residue)

in edible tissues of cattle is 200 parts

per billion (ppb) in liver (the target

tissue) and 50 ppb in muscle. The

tolerance for parent moxidectin is 50

ppb in milk.

Dated: May 29, 2000.

Claire M. Lathers,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 00–14463 Filed 6–8–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1952

State Plans: Coverage of the United

States Postal Service and Other

Coverage Issues—Changes to Level of

Federal Enforcement for Alaska,

Arizona, California, Hawaii, Indiana,

Iowa, Kentucky, Maryland, Michigan,

Minnesota, Nevada, New Mexico, North

Carolina, Oregon, Puerto Rico, South

Carolina, Tennessee, Utah, Vermont,

Virginia, the Virgin Islands,

Washington and Wyoming

AGENCY: Occupational Safety and Health

Administration (OSHA), U.S.

Department of Labor.

ACTION: Final rule.

SUMMARY: This document amends

OSHA’s regulations to reflect

declination of jurisdiction over the

United States Postal Service (U.S. Postal

Service or USPS) and its facilities by all

twenty-three (23) approved State Plans

which cover the private sector. The

Postal Employees’ Safety Enhancement

Act of 1998 (PESEA) amended the

Occupational Safety and Health Act of

1970 (the Act) to include the USPS

within its definition of ‘‘employer.’’

Accordingly, OSHA assumed

jurisdiction for the USPS on September

29, 1998. PESEA extends all provisions

of the Act to the USPS, including

section 18 of the Act, thus granting the

OSHA-approved State plans the

authority to regulate the USPS.

Subsequently, OSHA required the State

plan States to either elect to amend their

State plans to cover the USPS, or to

decline to exercise such coverage, in

which case coverage would remain a

Federal OSHA responsibility. All

affected State plans declined. OSHA is

hereby amending pertinent sections of

its regulations on approved State plans

to reflect the declination of State

jurisdiction and the continuation of

Federal OSHA enforcement authority

over the USPS, including contract

employees and contractor-operated

facilities engaged in USPS mail

operations, in all of the twenty-three

(23) States operating OSHA-approved

State plans covering the private sector,

and notifying affected employers and

employees of this action. As a result,

Federal OSHA is responsible for safety

and health enforcement with respect to

the USPS and its facilities in all States

nationwide. In addition, technical

corrections are being made pertaining to

maritime jurisdiction in several of the

States; military jurisdiction in the State

of Washington; coverage on Indian

Reservations in the State of Oregon; and

information on where the plan

documents for the various State plans

may be inspected.

EFFECTIVE DATE: June 9, 2000.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, Office of

Information and Consumer Affairs,

Occupational Safety and Health

Administration, U.S. Department of

Labor, Room N3637, 200 Constitution

Avenue NW, Washington, D.C. 20210,

(202) 693–1999.

SUPPLEMENTARY INFORMATION:

Introduction

Section 18 of the Occupational Safety

and Health Act of 1970, 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) of the Act. In the

interim, between initial approval and

final approval, there is a period of

concurrent Federal/State jurisdiction

within a State operating an approved

plan. In the following States which have

not received section 18(e) final

approval, concurrent Federal

enforcement authority remains in effect

but has been suspended voluntarily in

accordance with operational status

agreements between OSHA and the

individual States. See 29 CFR 1954.3 for

guidelines and procedures. These States

are: California, Michigan, New Mexico,

Oregon, Puerto Rico, Vermont and

Washington. In the following States

which have received final approval

pursuant to section 18(e) of the Act,

Federal OSHA standards and

enforcement authority have been

relinquished. These States are: Alaska,

Arizona, Hawaii, Indiana, Iowa,

Kentucky, Maryland, Minnesota,

Nevada, North Carolina, South Carolina,

Tennessee, Utah, Virginia, and

Wyoming. (Concurrent Federal

enforcement authority is currently being

exercised in the Virgin Islands.

Connecticut and New York operate State

plans limited in coverage to State and

local government employees and are not

affected by this rule.)

Background

United States Postal Service

States ordinarily cannot exercise

regulatory authority over Federal

agencies or other Federal institutions or

36618 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

instrumentalities, unless specifically

authorized by Congress. The Postal

Employees’ Safety Enhancement Act

(Public Law 105–241) (PESEA), enacted

on September 28, 1998, subjects the

United States Postal Service (U.S. Postal

Service or USPS) to all provisions of the

Occupational Safety and Health Act (the

Act) in the same manner as a private

sector employer. PESEA amends two

sections of the Act to provide full

private-sector coverage of the USPS. The

first provision amends section 3(5) of

the Act, 29 U.S.C. 652(5), to exclude the

USPS from the existing exemption of

the United States from the definition of

‘‘employer.’’ As a result, the USPS is

now covered by OSHA in the same

manner as a private sector employer.

The second provision clarifies the status

of the USPS under section 19 of the

OSH Act, 29 U.S.C. 668(a), which deals

with Federal agency safety and health

programs. The new provision

affirmatively states that the USPS is not

to be considered a ‘‘Federal agency’’ for

purposes of section 19. Thus, PESEA

makes the USPS subject to coverage

under all provisions of the federal

OSHAct which are applicable to private

sector employment, including the State

plan provisions of section 18 of the Act,

thus granting the States with OSHAapproved State plans the authority to

regulate this Federal instrumentality.

(Prior to enactment, a colloquy on the

floor of the House of Representatives

confirmed this intent.)

Federal OSHA now regulates the

working conditions of USPS employees

as well as contract employees engaged

in official USPS mail operations, e.g.,

contract mail carriers and truck drivers

transporting and unloading mail.

(OSHA notes that pursuant to section

4(b)(1), OSHA standards do not apply to

working conditions regulated by the

Department of Transportation, Office of

Motor Carrier and Highway Safety.)

Federal OSHA also regulates the

working conditions of postal stations

located in other public or commercial

facilities.

In a memorandum dated October 20,

1998, OSHA offered the State plan

States the opportunity to amend their

State plans to extend State jurisdiction

to the USPS, as authorized by PESEA,

or to decline to exercise such

jurisdiction, in which case coverage

would remain a Federal OSHA

responsibility. All 23 State plan States

with private sector responsibility

determined they would not assume

responsibility for coverage of USPS

employees and contractors engaged in

USPS mail handling operations. OSHA

is hereby amending pertinent sections of

its regulations on approved State plans

to reflect this declination of State

jurisdiction and continuation of Federal

OSHA enforcement authority over this

occupational safety and health issue in

the twenty-three (23) States operating

approved State plans. This rule modifies

each State’s subpart at 29 CFR 1952 to

document that coverage of USPS

workplaces and employees is not an

issue covered by the State plan and

remains a Federal OSHA responsibility.

Federal coverage in State plan States

encompasses USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations. State plan States will

continue to exercise jurisdiction, where

permitted by State law, over all other

private sector contractors and

employees working on USPS sites but

not engaged in USPS mail operations,

such as building maintenance and

construction workers.

Connecticut and New York operate

State plans limited in coverage to State

and local government employees and

are not affected by this rule

Other Technical Corrections

Five (5) States (California,

Washington, Oregon, Minnesota,

Vermont) include some aspects of

private sector maritime operations

(shipyards, longshoring, marine

terminals, gear certification) within the

scope of their plans. All State plans

provide coverage to State and local

government employees engaged in

maritime activities. This rule modifies

pertinent sections of 29 CFR 1952 to

reflect, in more uniform language, the

extent of State Plan and Federal OSHA

maritime jurisdiction. This rule also

makes other technical corrections and

updates with regard to military

jurisdiction in the State of Washington

and coverage on Indian Reservations in

the State of Oregon. Finally, this rule

updates information in each State’s

subpart regarding where the plan

documents for that State are made

available to the public.

Decision

29 CFR Part 1953 sets forth the

procedures by which the Assistant

Secretary will review changes to State

plans approved in accordance with

section 18(c) of the Act and Part 1902.

Upon review of the twenty-three State

plan decisions in accordance with these

procedures, OSHA hereby approves

these actions and amends each State’s

subpart in 29 CFR Part 1952 to reflect

the State’s determination not to extend

State Plan jurisdiction to the U.S. Postal

Service. Today’s rule in the Federal

Register further provides notice to

affected employers and employees of

the extent of Federal OSHA enforcement

authority over the U.S. Postal Service in

each of the 23 State plan States which

cover private sector employment.

Technical corrections with regard to the

extent of State and Federal enforcement

authority over safety and health issues

in the maritime industry in several of

the States; military jurisdiction in the

State of Washington; coverage on Indian

Reservations in the State of Oregon; and

information on where the plan

documents for the various State plans

may be inspected are also approved, and

the pertinent subparts of Part 1952

amended. (Note: In the interest of

clarity, the full text of each of the

amended sections, including unchanged

provisions which reflect previously

approved determinations by the affected

States, is included in the following

amendments to Part 1952.)

Public Participation

Under 29 CFR 1953.2(c), the Assistant

Secretary may prescribe alternative

procedures to expedite the review

process or for other good cause which

may be consistent with applicable laws.

As these State actions impose no new

responsibilities or requirements on

employers, employees or the State, no

opportunity for public comment is

required.

Regulatory Flexibility Act

OSHA certifies pursuant to the

Regulatory Flexibility Act of 1980 (5

U.S.C. 601 et seq.) that this action will

not have a significant economic impact

on a substantial number of small

entities. No additional burden will be

placed upon the State government

beyond the responsibilities already

assumed as part of the approved State

plan.

Federalism

Executive Order 13132 on

‘‘Federalism’’ 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 included in the

Supplementary Information section of

today’s notice a general explanation of

the relationship between Federal OSHA

and the State Plan States under the

Occupational Safety and Health Act and

the effect of the Postal Employees’

Safety Enhancement Act and other

issues on this relationship. OSHA has

consulted extensively with the States on

their individual decisions on these

issues. Although OSHA has determined

that the requirements and consultation

procedures provided in Executive Order

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36619

13132 are not applicable to State

decisions on the extent of State Plan

coverage under the OSH Act which have

no effect outside the particular State,

OSHA has reviewed the decisions

approved today and believes they have

been made in a manner consistent with

the principles and criteria set forth in

the Executive Order.

This document was prepared under

the direction of Charles N. Jeffress,

Assistant Secretary of Labor for

Occupational Safety and Health. It is

issued under section 18 of the OSH Act,

(29 U.S.C. 667), 29 CFR Part 1902, and

Secretary of Labor’s Order No. 1–90 (55

FR 9033).

List of Subjects in 29 CFR Part 1952

Intergovernmental relations, Law

enforcement, Occupational safety and

health, Reporting and recordkeeping

requirements.

Signed at Washington, D.C. this 30th day

of May 2000.

Charles N. Jeffress,

Assistant Secretary.

For the reasons set out in the

preamble, 29 CFR Part 1952 is hereby

amended as set forth below:

PART 1952—[AMENDED]

1. The authority citation for part 1952

continues to read as follows:

Authority: Sec 18, 84 Stat. 1608 (29 U.S.C.

667); 29 CFR Part 1902, Secretary of Labor’s

Order No. 1–90 (55 FR 9033).

Subpart C—South Carolina

2. Section 1952.94 is amended by

revising paragraph (b) to read as follows:

§ 1952.94 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in South

Carolina. The plan does not cover

private sector maritime employment;

military bases; Federal government

employers and employees; the U.S.

Postal Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations; private sector

employment at Area D of the Savannah

River Site (power generation and

transmission facilities operated by

South Carolina Electric and Gas) and at

the Three Rivers Solid Waste Authority;

the enforcement of the field sanitation

standard, 29 CFR 1928.110, and the

temporary labor camps standard, 29

CFR 1910.142, with respect to any

agricultural establishment where

employees are engaged in ‘‘agricultural

employment’’ within the meaning of the

Migrant and Seasonal Agricultural

Worker Protection Act, 29 U.S.C.

1802(3), regardless of the number of

employees, including employees

engaged in hand packing of produce

into containers, whether done on the

ground, on a moving machine, or in a

temporary packing shed, except that

South Carolina retains enforcement

responsibility over agricultural

temporary labor camps for employees

engaged in egg, poultry, or red meat

production, or the post-harvest

processing of agricultural or

horticultural commodities.

* * * * *

3. Section 1952.95 is amended by

revising paragraph (b)(1) to read as

follows:

§ 1952.95 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the South Carolina

plan. OSHA retains full authority over

issues which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities, and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to maritime employment (29

CFR Part 1915, shipyard employment;

Part 1917, marine terminals; Part 1918,

longshoring; Part 1919, gear

certification), as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments; employment on military

bases; and private sector employment at

Area D of the Savannah River Site

(power generation and transmission

facilities operated by South Carolina

Electric and Gas) and at the Three

Rivers Solid Waste Authority. Federal

jurisdiction is retained and exercised by

the Employment Standards

Administration, U.S. Department of

Labor, (Secretary’s Order 5–96, dated

December 27, 1996) with respect to the

field sanitation standard, 29 CFR

1928.110, and the enforcement of the

temporary labor camps standard, 29

CFR 1910.142, in agriculture, as

described in § 1952.94(b). Federal

jurisdiction is also retained with respect

to Federal government employers and

employees; and the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

* * * * *

4. Section 1952.96 is revised to read

as follows:

§ 1952.96 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

Atlanta Federal Center, 61 Forsyth Street,

SW, Room 6T50, Atlanta, Georgia 30303;

and

Office of the Director, South Carolina

Department of Labor, Licensing and

Regulation, Koger Office Park, Kingstree

Building, 110 Centerview Drive, P.O. Box

11329, Columbia, South Carolina 29210.

Subpart D—Oregon

5. Section 1952.105 is amended by

revising paragraphs (a)(2), (a)(7), (a)(8),

(a)(9) and (a)(10) to read as follows:

§ 1952.105 Level of Federal enforcement.

(a) * * *

(2) Standards in the maritime issues

covered by 29 CFR Parts 1915, 1917,

1918, and 1919 (shipyards, marine

terminals, longshoring, and gear

certification), and enforcement of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments, which have been

specifically excluded from coverage

under the plan. This includes:

employment on the navigable waters of

the U.S.; shipyard and boatyard

employment on or immediately adjacent

to the navigable waters—including

floating vessels, dry docks, graving

docks and marine railways—from the

front gate of the work site to the U.S.

statutory limits; longshoring, marine

terminal and marine grain terminal

operations, except production or

manufacturing areas and their storage

facilities; construction activities

emanating from or on floating vessels on

the navigable waters of the U.S.;

commercial diving originating from an

object afloat a navigable waterway; and

all other private sector places of

employment on or adjacent to navigable

waters whenever the activity occurs on

or from the water;

* * * * *

36620 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

(7) Enforcement of occupational safety

and health standards at all private sector

establishments, including tribal and

Indian-owned enterprises, on all Indian

and non-Indian lands within the

currently established boundaries of all

Indian reservations, including the Warm

Springs and Umatilla reservations, and

on lands outside these reservations that

are held in trust by the Federal

government for these tribes. (Businesses

owned by Indians or Indian tribes that

conduct work activities outside the

tribal reservation or trust lands are

subject to the same jurisdiction as nonIndian owned businesses.);

(8) Enforcement of occupational safety

and health standards at worksites

located within Federal military

reservations, except private contractors

working on U.S. Army Corps of

Engineers dam construction projects,

including reconstruction of docks or

other appurtenances;

(9) Investigations and inspections for

the purpose of the evaluation of the plan

under sections 18(e) and (f) of the Act

(29 U.S.C. 667(e) and (f)); and

(10) Enforcement of occupational

safety and health standards with regard

to all Federal government employers

and employees; and the U.S. Postal

Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations.

* * * * *

6. Section 1952.107 is amended by

adding a new paragraph (g) to read as

follows:

§ 1952.107 Changes to approved plans.

* * * * *

(g) Oregon’s State plan changes

extending Federal enforcement

jurisdiction to shore side shipyard and

boatyard employment, as described in a

1998 Memorandum of Understanding

and addendum to the State’s operational

status agreement; and to all private

sector employment, including tribal and

Indian-owned enterprises, on all Indian

reservations, including establishments

on trust lands outside of reservations, as

described in a separate 1998 addendum,

were approved by the Assistant

Secretary on January 6, 1999.

Subpart E—Utah

7. Section 1952.114 is amended by

revising paragraph (b) to read as follows:

§ 1952.114 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Utah. The plan

does not cover private sector maritime

employment; employment on Hill Air

Force Base; Federal government

employers and employees; the U.S.

Postal Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations; the enforcement

of the field sanitation standard, 29 CFR

1928.110, and the enforcement of the

temporary labor camps standard, 29

CFR 1910.142, with respect to any

agricultural establishment where

employees are engaged in ‘‘agricultural

employment’’ within the meaning of the

Migrant and Seasonal Agricultural

Worker Protection Act, 29 U.S.C.

1802(3), regardless of the number of

employees, including employees

engaged in hand packing of produce

into containers, whether done on the

ground, on a moving machine, or in a

temporary packing shed, except that

Utah retains enforcement responsibility

over agricultural temporary labor camps

for employees engaged in egg, poultry,

or red meat production, or the postharvest processing of agricultural or

horticultural commodities.

* * * * *

8. Section 1952.115 is amended by

revising paragraph (b) to read as follows:

§ 1952.115 Level of Federal enforcement.

* * * * *

(b) In accordance with section 18(e),

final approval relinquishes Federal

OSHA authority only with regard to

occupational safety and health issues

covered by the Utah plan. OSHA retains

full authority over issues which are not

subject to State enforcement under the

plan. Thus, Federal OSHA retains its

authority relative to safety and health

enforcement in private sector maritime

activities and will continue to enforce

all provisions of the Act, rules or orders,

and all Federal standards, current or

future, specifically directed to maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification), as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments. Federal jurisdiction is

retained and exercised by the

Employment Standards Administration,

U.S. Department of Labor, (Secretary’s

Order 5–96, dated December 27, 1996)

with respect to the field sanitation

standard, 29 CFR 1928.110, and the

enforcement of the temporary labor

camps standard, 29 CFR 1910.142, in

agriculture, as described in

§ 1952.114(b). Federal jurisdiction is

also retained with regard to: all

employment on the Hill Air Force Base;

Federal government employers and

employees; and the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations. In addition, any hazard,

industry, geographical area, operation or

facility over which the State is unable

to effectively exercise jurisdiction for

reasons not related to the required

performance or structure of the plan

shall be deemed to be an issue not

covered by the finally approved plan,

and shall be subject to Federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability, Federal

jurisdiction may be assumed over the

entire project or facility. In either of the

two aforementioned circumstances,

Federal enforcement may be exercised

immediately upon agreement between

Federal and State OSHA.

* * * * *

9. Section 1952.116 is revised to read

as follows:

§ 1952.116 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW., Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

1999 Broadway Suite 1690, Denver,

Colorado 80202–5716; and

Office of the Commissioner, Labor

Commission of Utah, 160 East 300 South,

3rd Floor, P.O. Box 146650, Salt Lake City,

Utah 84114–6650.

Subpart F—Washington

10. Section 1952.121 is revised to read

as follows:

§ 1952.121 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW., Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36621

Administration, U.S. Department of Labor,

Suite 715, 1111 Third Avenue, Seattle,

Washington, 98101–3212;

Office of the Director, Washington

Department of Labor and Industries,

General Administration Building, P.O. Box

44001, Olympia, Washington 98504–4001;

and

Office of the Director, Washington

Department of Labor and Industries,

General Administration Building, 7273

Linderson Way, SW., Tumwater,

Washington, 98502.

11. Section 1952.122 is revised to read

as follows:

§ 1952.122 Level of Federal enforcement.

(a) Pursuant to §§ 1902.20(b)(1)(iii)

and 1954.3 of this chapter under which

an agreement has been entered into with

Washington, effective May 30, 1975, and

amended several times effective October

2, 1979, May 29, 1981, April 3, 1987,

and October 27, 1989; and based on a

determination that Washington is

operational in the issues covered by the

Washington occupational safety and

health plan, discretionary Federal

enforcement authority under section

18(e) of the Act (29 U.S.C. 667(e)) will

not be initiated with regard to Federal

occupational safety and health

standards in issues covered under 29

CFR Parts 1910 and 1926, except as

provided in this section. The U.S.

Department of Labor will continue to

exercise authority, among other things,

with regard to:

(1) Enforcement of new Federal

standards until the State adopts a

comparable standard;

(2) Enforcement of all Federal

standards, current and future, in the

maritime issues covered by 29 CFR Parts

1915, 1917, 1918, and 1919 (shipyards,

marine terminals, longshoring, and gear

certification), and enforcement of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments, as they relate to

employment under the exclusive

jurisdiction of the Federal government

on the navigable waters of the United

States, including but not limited to dry

docks or graving docks, marine railways

or similar conveyances (e.g., syncrolifts

and elevator lifts), fuel operations,

drilling platforms or rigs, dredging and

pile driving, and diving;

(3) Complaints and violations of the

discrimination provisions of section

11(c) of the Act (29 U.S.C. 660(c));

(4) Enforcement in situations where

the State is refused entry and is unable

to obtain a warrant or enforce its right

of entry;

(5) Enforcement of unique and

complex standards as determined by the

Assistant Secretary;

(6) Enforcement in situations when

the State is unable to exercise its

enforcement authority fully or

effectively;

(7) Enforcement of occupational safety

and health standards within the borders

of all military reservations;

(8) Enforcement at establishments of

employers who are enrolled members of

the Yakima Indian Nation, where such

employers’ establishments are located

within the Yakima reservation;

(9) Enforcement at Tribally-owned

establishments or at establishments

owned by enrolled members of the

Colville Confederated Tribes, where

such establishments are located within

the Colville reservation;

(10) Investigations and inspections for

the purpose of evaluation of the

Washington plan under sections 18(e)

and (f) of the Act (29 U.S.C. 667(e) and

(f)); and

(11) Enforcement of occupational

safety and health standards with regard

to all Federal government employers

and employees; and the U.S. Postal

Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations.

(b) The OSHA Regional Administrator

will make a prompt recommendation for

the resumption of the exercise of

Federal enforcement authority under

section 18(e) of the Act (29 U.S.C.

667(e)) whenever, and to the degree,

necessary to assure occupational safety

and health protection to employees in

Washington.

Subpart I—North Carolina

12. Section 1952.154 is amended by

revising paragraph (b) to read as follows:

§ 1952.154 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in North

Carolina. The plan does not cover

Federal government employers and

employees; the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations; private sector maritime

activities; employment on Indian

reservations; enforcement relating to

any contractors or subcontractors on any

Federal establishment where the land

has been ceded to the Federal

Government, railroad employment, and

enforcement on military bases.

* * * * *

13. Section 1952.155 is amended by

revising paragraph (b)(1) to read as

follows:

§ 1952.155 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the North Carolina

plan. OSHA retains full authority over

issues which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to private sector maritime

activities (occupational safety and

health standards comparable to 29 CFR

Parts 1915, shipyard employment; 1917,

marine terminals; 1918, longshoring;

and 1919; gear certification, as well as

provisions of general industry and

construction standards (29 CFR Parts

1910 and 1926) appropriate to hazards

found in these employments);

employment on Indian reservations;

enforcement relating to any contractors

or subcontractors on any Federal

establishment where the land has been

ceded to the Federal Government;

railroad employment, not otherwise

regulated by another Federal agency;

and enforcement on military bases.

Federal jurisdiction is also retained with

respect to Federal government

employers and employees; and the U.S.

Postal Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations.

* * * * *

14. Section 1952.156 is revised to read

as follows:

§ 1952.156 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

Atlanta Federal Center, 61 Forsyth Street,

SW, Room 6T50, Atlanta, Georgia 30303;

and

Office of the Commissioner, North Carolina

Department of Labor, 4 West Edenton

Street, Raleigh, North Carolina 27601–

1092.

36622 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

Subpart J—Iowa

15. Section 1952.164 is amended by

revising paragraph (b) to read as follows:

§ 1952.164 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Iowa. The plan

does not cover private sector maritime

employment; Federal governmentowned, contractor-operated military/

munitions facilities; Federal government

employers and employees; the U.S.

Postal Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations; bridge

construction projects spanning the

Mississippi and Missouri Rivers

between Iowa and other States; the

enforcement of the field sanitation

standard, 29 CFR 1928.110, and the

enforcement of the temporary labor

camps standard, 29 CFR 1910.142, with

respect to any agricultural establishment

where employees are engaged in

‘‘agricultural employment’’ within the

meaning of the Migrant and Seasonal

Agricultural Worker Protection Act, 29

U.S.C. 1802(3), regardless of the number

of employees, including employees

engaged in hand packing of produce

into containers, whether done on the

ground, on a moving machine, or in a

temporary packing shed, except that

Iowa retains enforcement responsibility

over agricultural temporary labor camps

for employees engaged in egg, poultry,

or red meat production, or the postharvest processing of agricultural or

horticultural commodities.

* * * * *

16. Section 1952.165 is amended by

revising paragraph (b) to read as follows:

§ 1952.165 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Iowa plan. OSHA

retains full authority over issues which

are not subject to State enforcement

under the plan. Thus, Federal OSHA

retains its authority relative to safety

and health in private sector maritime

activities and will continue to enforce

all provisions of the Act, rules or orders,

and all Federal standards, current or

future, specifically directed to maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification), as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments; Federal governmentowned, contractor-operated military/

munitions facilities; bridge construction

projects spanning the Mississippi and

Missouri Rivers between Iowa and other

States. Federal jurisdiction is retained

and exercised by the Employment

Standards Administration, U.S.

Department of Labor, (Secretary’s Order

5–96, dated December 27, 1996) with

respect to the field sanitation standard,

29 CFR 1928.110, and the enforcement

of the temporary labor camps standard,

29 CFR 1910.142, in agriculture, as

described in § 1952.164(b). Federal

OSHA will also retain authority for

coverage of all Federal government

employers and employees; and of the

U.S. Postal Service (USPS), including

USPS employees, and contract

employees and contractor-operated

facilities engaged in USPS mail

operations.

(2) In addition, any hazard, industry,

geographical area, operation or facility

over which the State is unable to

effectively exercise jurisdiction for

reasons not related to the required

performance or structure of the plan

shall be deemed to be an issue not

covered by the finally approved plan,

and shall be subject to Federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability, Federal

jurisdiction may be assumed over the

entire project or facility. In either of the

two aforementioned circumstances,

Federal enforcement may be exercised

immediately upon agreement between

Federal and State OSHA.

* * * * *

17. Section 1952.166 is revised to read

as follows:

§ 1952.166 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

City Center Square, 1100 Main Street, Suite

800, Kansas City, Missouri 64105; and

Office of the Commissioner, Iowa Division of

Labor , 1000 E. Grand Avenue, Des Moines,

Iowa 50319.

Subpart K—California

18. Section 1952.171 is revised to read

as follows:

§ 1952.171 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

71 Stevenson Street, 4th Floor, San

Francisco, California 94105; and

Office of the Director, California Department

of Industrial Relations, 455 Golden Gate

Avenue, 10th Floor, San Francisco 94102.

19. Section 1952.172 is amended by

adding a new paragraph (b)(9) to read as

follows:

§ 1952.172 Level of Federal enforcement.

* * * * *

(b) * * *

(9) Federal government employers

and employees; and the U.S. Postal

Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations.

* * * * *

Subpart N—Minnesota

20. Section 1952.204 is amended by

revising paragraph (b) to read as follows:

§ 1952.204 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Minnesota.

The plan does not cover private sector

offshore maritime employment on the

navigable waters of the United States;

employment at the Twin Cities Army

Ammunition Plant; Federal government

employers and employees; the U.S.

Postal Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations; any tribal or

private sector employment within any

Indian reservation in the State; the

enforcement of the field sanitation

standard, 29 CFR 1928.110, and the

enforcement of the temporary labor

camps standard, 29 CFR 1910.142, with

respect to any agricultural establishment

where employees are engaged in

‘‘agricultural employment’’ within the

meaning of the Migrant and Seasonal

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36623

Agricultural Worker Protection Act, 29

U.S.C. 1802(3), regardless of the number

of employees, including employees

engaged in hand packing of produce

into containers, whether done on the

ground, on a moving machine, or in a

temporary packing shed, except that

Minnesota retains enforcement

responsibility over agricultural

temporary labor camps for employees

engaged in egg, poultry, or red meat

production, or the post-harvest

processing of agricultural or

horticultural commodities.

* * * * *

21. Section 1952.205 is amended by

revising paragraph (b) to read as follows:

§ 1952.205 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Minnesota plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector offshore maritime activities and

will continue to enforce all provisions

of the Act, rules or orders, and all

Federal standards, current or future,

specifically directed to maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments, as they relate to

employment under the exclusive

jurisdiction of the Federal government

on the navigable waters of the United

States. Federal jurisdiction is retained

and exercised by the Employment

Standards Administration, U.S.

Department of Labor, (Secretary’s Order

5–96, dated December 27, 1996) with

respect to the field sanitation standard,

29 CFR 1928.110, and the enforcement

of the temporary labor camps standard,

29 CFR 1910.142, in agriculture, as

described in § 1952.204(b). Federal

jurisdiction is also retained over the

Twin Cities Army Ammunition Plant;

over Federal government employers and

employees; over any tribal or private

sector employment within any Indian

reservation in the State; and over the

U.S. Postal Service (USPS), including

USPS employees, and contract

employees and contractor-operated

facilities engaged in USPS mail

operations.

(2) In addition, any hazard, industry,

geographical area, operation or facility

over which the State is unable to

effectively exercise jurisdiction for

reasons not related to the required

performance or structure of the plan

shall be deemed to be an issue not

covered by the finally approved plan,

and shall be subject to Federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability, Federal

jurisdiction may be assumed over the

entire project or facility. In either of the

two aforementioned circumstances,

Federal enforcement may be exercised

immediately upon agreement between

Federal and State OSHA.

* * * * *

22. Section 1952.206 is revised to read

as follows:

§ 1952.206 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

230 S. Dearborn Street, 32nd Floor, Room

3244, Chicago, Illinois 60604; and

Office of the Commissioner, Minnesota

Department of Labor and Industry, 443

Lafayette Road, St. Paul, Minnesota 55155.

Subpart O—Maryland

23. Section 1952.214 is amended by

revising paragraph (b) to read as follows:

§ 1952.214 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Maryland. The

plan does not cover private sector

maritime employment; Federal

government employers and employees;

the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations; and employment on military

bases.

* * * * *

24. Section 1952.215 is amended by

revising paragraph (b) to read as follows:

§ 1952.215 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Maryland plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to private sector maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification), as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments; and employment on

military bases. Federal jurisdiction is

also retained with respect to Federal

government employers and employees;

and the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

(2) In addition, any hazard, industry,

geographical area, operation or facility

over which the State is unable to

effectively exercise jurisdiction for

reasons not related to the required

performance or structure of the plan

shall be deemed to be an issue not

covered by the finally approved plan,

and shall be subject to Federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability Federal

jurisdiction may be assumed over the

entire project or facility. In either of the

two aforementioned circumstances,

Federal enforcement may be exercised

immediately upon agreement between

Federal and State OSHA.

* * * * *

25. Section 1952.216 is revised to read

as follows:

§ 1952.216 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

36624 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

Administration, U.S. Department of Labor,

The Curtis Center, 170 South

Independence Mall West—Suite 740 West,

Philadelphia, Pennsylvania 19106–3309;

and

Office of the Commissioner, Maryland

Division of Labor and Industry,

Department of Labor, Licensing and

Regulation, 1100 N. Eutaw Street, Room

613, Baltimore, Maryland 21201–2206.

Subpart P—Tennessee

26. Section 1952.224 is amended by

revising paragraph (b) to read as follows:

§ 1952.224 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Tennessee.

The plan does not cover private sector

maritime employment; Federal

government employers and employees;

the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations; railroad employment;

employment at Tennessee Valley

Authority facilities and on military

bases, as well as any other properties

ceded to the United States Government.

* * * * *

27. Section 1952.225 is amended by

revising paragraph (b) to read as follows:

§ 1952.225 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Tennessee plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to maritime employment (29

CFR Part 1915, shipyard employment;

Part 1917, marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments; railroad employment, not

otherwise regulated by another Federal

agency; employment at Tennessee

Valley Authority facilities and on

military bases. Federal jurisdiction is

also retained with respect to Federal

government employers and employees,

and the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

(2) In addition, any hazard, industry,

geographical area, operation or facility

over which the State is unable to

effectively exercise jurisdiction for

reasons not related to the required

performance or structure of the plan

shall be deemed to be an issue not

covered by the finally approved plan,

and shall be subject to federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability Federal

jurisdiction may be assumed over the

entire project or facility. In either of the

two aforementioned circumstances,

Federal enforcement may be exercised

immediately upon agreement between

Federal and State OSHA.

* * * * *

28. Section 1952.226 is revised to read

as follows:

§ 1952.226 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

Atlanta Federal Center, 61 Forsyth Street,

SW, Room 6T50, Atlanta, Georgia 30303;

and

Office of the Commissioner, Tennessee

Department of Labor, 710 James Robertson

Parkway, Nashville, Tennessee 37243–

0659.

Subpart Q—Kentucky

29. Section 1952.234 is amended by

revising paragraph (b) to read as follows:

§ 1952.234 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Kentucky. The

plan does not cover private sector

maritime employment; employment at

Tennessee Valley Authority facilities;

military bases; properties ceded to the

U.S. Government; Federal government

employers and employees; the U.S.

Postal Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations; the enforcement

of the field sanitation standard, 29 CFR

1928.110, and the enforcement of the

temporary labor camps standard, 29

CFR 1910.142, with respect to any

agricultural establishment where

employees are engaged in ‘‘agricultural

employment’’ within the meaning of the

Migrant and Seasonal Agricultural

Worker Protection Act, 29 U.S.C.

1802(3), regardless of the number of

employees, including employees

engaged in hand packing of produce

into containers, whether done on the

ground, on a moving machine, or in a

temporary packing shed, except that

Kentucky retains enforcement

responsibility over agricultural

temporary labor camps for employees

engaged in egg, poultry, or red meat

production, or the post-harvest

processing of agricultural or horticultural commodities.

* * * * *

30. Section 1952.235 is amended by

revising paragraph (b) to read as follows:

§ 1952.235 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Kentucky plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to maritime employment (29

CFR Part 1915, shipyard employment;

Part 1917, marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments; employment at

Tennessee Valley Authority facilities

and on all military bases, as well as any

other properties ceded to the U.S.

Government. Federal jurisdiction is

retained and exercised by the

Employment Standards Administration,

U.S. Department of Labor, (Secretary’s

Order 5–96, dated December 27, 1996)

with respect to the field sanitation

standard, 29 CFR 1928.110, and the

enforcement of the temporary labor

camps standard, 29 CFR 1910.142, in

agriculture, as described in

§ 1952.234(b). Federal jurisdiction is

also retained with respect to Federal

government employers and employees;

and the U.S. Postal Service (USPS),

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36625

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

(2) In addition, any hazard, industry,

geographical area, operation or facility

over which the State is unable to

effectively exercise jurisdiction for

reasons not related to the required

performance or structure of the plan

shall be deemed to be an issue not

covered by the finally approved plan,

and shall be subject to Federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability, Federal

jurisdiction may be assumed over the

entire project or facility. In either of the

two aforementioned circumstances,

Federal enforcement may be exercised

immediately upon agreement between

Federal and State OSHA.

* * * * *

31. Section 1952.236 is revised to read

as follows:

§ 1952.96 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

Atlanta Federal Center, 61 Forsyth Street,

SW., Room 6T50, Atlanta, Georgia 30303;

and

Office of the Secretary, Kentucky Labor

Cabinet, 1047 U.S. Highway 127 South,

Suite 4, Frankfort, Kentucky 40601.

Subpart R—Alaska

32. Section 1952.243 is amended by

revising paragraph (b) to read as follows:

§ 1952.243 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Alaska. The

plan does not cover private sector

maritime employment; worksites

located on the navigable waters,

including artificial islands; operations

of private sector employers within the

Metlakatla Indian Community on the

Annette Islands; operations of private

sector employers within Denali (Mount

McKinley) National Park; Federal

government employers and employees;

the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations; or the enforcement of the

field sanitation standard, 29 CFR

1928.110, and the enforcement of the

temporary labor camps standard, 29

CFR 1910.142, with respect to any

agricultural establishment where

employees are engaged in ‘‘agricultural

employment’’ within the meaning of the

Migrant and Seasonal Agricultural

Worker Protection Act, 29 U.S.C.

1802(3), regardless of the number of

employees, including employees

engaged in hand packing of produce

into containers, whether done on the

ground, on a moving machine, or in a

temporary packing shed, except that

Alaska retains enforcement

responsibility over agricultural

temporary labor camps for employees

engaged in egg, poultry, or red meat

production, or the post-harvest

processing of agricultural or

horticultural commodities.

* * * * *

33. Section 1952.244 is amended by

revising paragraph (b) to read as follows:

§ 1952.244 Level of Federal enforcement.

* * * * *

(b) In accordance with section 18(e),

final approval relinquishes Federal

OSHA authority only with regard to

occupational safety and health issues

covered by the Alaska plan. OSHA

retains full authority over issues which

are not subject to State enforcement

under the plan. Thus, Federal OSHA

retains its authority relative to safety

and health in private sector maritime

activities and will continue to enforce

all provisions of the Act, rules or orders,

and all Federal standards, current or

future, specifically directed to maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments. Federal jurisdiction will

be retained over marine-related private

sector employment at worksites on the

navigable waters, such as floating

seafood processing plants, marine

construction, employments on artificial

islands, and diving operations in

accordance with section 4(b)(1) of the

Act. Federal jurisdiction is also retained

and exercised by the Employment

Standards Administration, U.S.

Department of Labor (Secretary’s Order

5–96, December 27, 1996) with respect

to the field sanitation standard, 29 CFR

1928.110, and the enforcement of the

temporary labor camps standard, 29

CFR 1910.142, in agriculture, as

described in § 1952.243(b). Federal

jurisdiction is also retained for private

sector worksites located within the

Annette Islands Reserve of the

Metlakatla Indian Community, for

private sector worksites located within

the Denali (Mount McKinley) National

Park, for Federal government employers

and employees, and for the U.S. Postal

Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations.

* * * * *

34. Section 1952.245 is revised to read

as follows:

§ 1952.245 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

Suite 715, 1111 Third Avenue, Seattle,

Washington, 98101–3212; and

Office of the Commissioner, Alaska

Department of Labor, 1111 W. 8th Street,

Room 306, P.O. Box 24119, Juneau, Alaska

99802–1149.

Subpart S—The Virgin Islands

35. Section 1952.253 is amended by

revising paragraph (b) to read as follows:

§ 1952.253 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in the Virgin

Islands. The plan does not cover private

sector maritime employment; Federal

government employers and employees;

the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations; the enforcement of the field

sanitation standard, 29 CFR 1928.110,

and the enforcement of the temporary

labor camps standard, 29 CFR 1910.142,

with respect to any agricultural

establishment where employees are

engaged in ‘‘agricultural employment’’

within the meaning of the Migrant and

Seasonal Agricultural Worker Protection

Act, 29 U.S.C. 1802(3), regardless of the

36626 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

number of employees, including

employees engaged in hand packing of

produce into containers, whether done

on the ground, on a moving machine, or

in a temporary packing shed, except that

the Virgin Islands retains enforcement

responsibility over agricultural

temporary labor camps for employees

engaged in egg, poultry, or red meat

production, or the post-harvest

processing of agricultural or

horticultural commodities.

Note: The Virgin Islands’ final approval

status under section 18(e) of the Act was

suspended and full Federal concurrent

enforcement authority reinstated on

November 13, 1995.

* * * * *

36. Section 1952.254 is amended by

revising paragraph (b) to read as follows:

§ 1952.254 Level of Federal enforcement.

* * * * *

(b) Federal OSHA also continues to

retain full authority over issues which

have not been subject to State

enforcement under the Virgin Islands

plan. Thus, OSHA retains authority to

enforce all provisions of the Act,

Federal standards, rules, or orders

which relate to occupational health in

private sector employment in the Virgin

Islands. OSHA also retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, Federal standards, rules, or orders

specifically directed to maritime

employment (e.g., 29 CFR Part 1915,

shipyard employment; 29 CFR Part

1917, marine terminals; 29 CFR Part

1918, longshoring; 29 CFR Part 1919,

gear certification), as well as provisions

of general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments. Federal jurisdiction is

retained with respect to Federal

government employers and employees;

and the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations. Federal jurisdiction is also

retained and exercised by the

Employment Standards Administration,

U.S. Department of Labor, (Secretary’s

Order 5–96, dated December 27, 1996)

with respect to the field sanitation

standard, 29 CFR 1928.110, and the

enforcement of the temporary labor

camps standard, 29 CFR 1910.142, in

agriculture, as described in

§ 1952.253(b).

* * * * *

37. Section 1952.255 is revised to read

as follows:

§ 1952.255 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210;

Regional Administrator, Occupational Safety

and Health Administration, U.S.

Department of Labor, 201 Varick Street,

Room 670, New York, New York 10014.

Office of the Commissioner, Virgin Islands

Department of Labor, 16–AB Church Street,

St. Croix, Virgin Islands 00820–4666.

Subpart T—Michigan

38. Section 1952.265 is revised to read

as follows:

§ 1952.265 Level of Federal enforcement.

Pursuant to §§ 1902.20(b)(1)(iii) and

1954.3 of this chapter under which an

agreement has been entered into with

Michigan, effective January 6, 1977, and

based on a determination that Michigan

is operational in the issues covered by

the Michigan occupational safety and

health plan, discretionary Federal

enforcement activity under section 18(e)

of the Act (29 U.S.C. 667(e)) will not be

initiated with regard to Federal

occupational safety and health

standards in issues covered under 29

CFR Parts 1910 and 1926, except as

provided in this section. The U.S.

Department of Labor will continue to

exercise authority, among other things,

with regard to: Complaints filed with

the U.S. Department of Labor about

violations of the discrimination

provisions of section 11(c) of the Act (29

U.S.C. 660(c)); Federal standards

promulgated subsequent to the

agreement where necessary to protect

employees, as in the case of temporary

emergency standards promulgated

under section 6(c) of the Act (29 U.S.C.

655(c)), in the issues covered under the

plan and the agreement until such time

as Michigan shall have adopted

equivalent standards in accordance with

subpart C of 29 CFR Part 1953; private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to maritime employment (29

CFR Part 1915, shipyard employment;

Part 1917, marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments; which issues have been

specifically excluded from coverage

under the Michigan plan; and

investigations and inspections for the

purpose of the evaluation of the

Michigan plan under sections 18(e) and

(f) of the Act (29 U.S.C. 667(e) and (f)).

Federal OSHA will also retain authority

for coverage of Federal government

employers and employees; and of the

U.S. Postal Service (USPS), including

USPS employees, and contract

employees and contractor-operated

facilities engaged in USPS mail

operations. The OSHA Regional

Administrator will make a prompt

recommendation for the resumption of

the exercise of Federal enforcement

authority under section 18(e) of the Act

(29 U.S.C. 667(e)) whenever, and to the

degree, necessary to assure occupational

safety and health protection to

employees in Michigan.

39. Section 1952.266 is revised to read

as follows:

§ 1952.266 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

230 S. Dearborn Street, 32nd Floor, Room

3244, Chicago, Illinois 60604;

Office of the Director, Michigan Department

of Consumer and Industry Services, 4th

Floor, Law Building, 525 West Ottawa

Street, Lansing, Michigan 48933 (Mailing

address: P.O. Box 30004, Lansing,

Michigan 48909).

Subpart U—Vermont

40. Section 1952.271 is revised to read

as follows:

§ 1952.271 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

John F. Kennedy Federal Building, Room

E–340, Boston, Massachusetts 02203; and

Office of the Commissioner, Vermont

Department of Labor and Industry,

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36627

National Life Building-Drawer 20, 120

State Street, Montpelier, Vermont 05620–

3401.

41. Section 1952.272 is revised to read

as follows:

§ 1952.272 Level of Federal enforcement.

Pursuant to §§ 1902.20(b)(1)(iii) and

1954.3 of this chapter under which an

agreement has been entered into with

Vermont, effective February 19, 1975,

and based on a determination that

Vermont is operational in issues

covered by the Vermont occupational

safety and health plan, discretionary

Federal enforcement authority under

section 18(e) of the Act (29 U.S.C.

667(e)) will not be initiated with regard

to Federal occupational safety and

health standards in issues covered

under 29 CFR Parts 1910 and 1926,

except as provided in this section. The

U.S. Department of Labor will continue

to exercise authority, among other

things, with regard to: Complaints filed

with the U.S. Department of Labor about

violations of the discrimination

provisions of section 11(c) of the Act (29

U.S.C. 660(c)); federal standards

promulgated subsequent to the

agreement where necessary to protect

employees, as in the case of temporary

emergency standards promulgated

under section 6(c) of the Act (29 U.S.C.

665(c)), in the issues covered under the

plan and the agreement until such time

as Vermont shall have adopted

equivalent standards in accordance with

Subpart C of 29 CFR Part 1953; in

private sector offshore maritime

activities and will continue to enforce

all provisions of the Act, rules or orders,

and all Federal standards, current or

future, specifically directed to maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments, as they relate to

employment under the exclusive

jurisdiction of the Federal government

on the navigable waters of the United

States, including dry docks, graving

docks, and marine railways; and

investigations and inspections for the

purpose of the evaluation of the

Vermont plan under sections 18(e) and

(f) of the Act (29 U.S.C. 667(e) and (f)).

Federal OSHA will also retain authority

for coverage of Federal government

employers and employees; and of the

U.S. Postal Service (USPS), including

USPS employees, and contract

employees and contractor-operated

facilities engaged in USPS mail

operations. The OSHA Regional

Administrator will make a prompt

recommendation for the resumption of

the exercise of Federal enforcement

authority under Section 18(e) of the Act

(29 U.S.C. 667(e)) whenever, and to the

degree, necessary to assure occupational

safety and health protection to

employees in Vermont.

Subpart W—Nevada

42. Section 1952.294(b) is revised to

read as follows:

§ 1952.294 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Nevada. The

plan does not cover Federal government

employers and employees; any private

sector maritime activities; employment

on Indian land; any contractors or

subcontractors on any Federal

establishment where the land is

determined to be exclusive Federal

jurisdiction; and the U.S. Postal Service

(USPS), including USPS employees,

contract employees, and contractoroperated facilities engaged in USPS mail

operations.

* * * * *

43. Section 1952.295(b)(1) is revised

to read as follows:

§ 1952.295 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Nevada plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to any private sector maritime

activities (occupational safety and

health standards comparable to 29 CFR

Parts 1915, shipyard employment; 1917,

marine terminals; 1918, longshoring;

and 1919, gear certification, as well as

provisions of general industry and

construction standards (29 CFR Parts

1910 and 1926) appropriate to hazards

found in these employments),

employment on Indian land, and any

contractors or subcontractors on any

Federal establishment where the land is

determined to be exclusive Federal

jurisdiction. Federal jurisdiction is also

retained with respect to Federal

government employers and employees.

Federal OSHA will also retain authority

for coverage of the U.S. Postal Service

(USPS), including USPS employees,

contract employees, and contractoroperated facilities engaged in USPS mail

operations.

Subpart Y—Hawaii

44. Section 1952.313 is amended by

revising paragraph (b) to read as follows:

§ 1952.313 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Hawaii. 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; and the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

* * * * *

45. Section 1952.314 is amended by

revising paragraph (b) to read as follows:

§ 1952.314 Level of Federal enforcement.

* * * * *

(b) In accordance with section 18(e),

final approval relinquishes Federal

OSHA authority only with regard to

occupational safety and health issues

covered by the Hawaii plan. OSHA

retains full authority over issues which

are not subject to State enforcement

under the plan. Thus, Federal OSHA

retains its authority relative to safety

and health in private sector maritime

activities and will continue to enforce

all provisions of the Act, rules or orders,

and all Federal standards, current or

future, specifically directed to maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments. 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

36628 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

jurisdiction; and the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

* * * * *

46. Section 1952.315 is revised to read

as follows:

§ 1952.315 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

71 Stevenson Street, 4th Floor, San

Francisco, California 94105; and

Office of the Director, Hawaii Department of

Labor and Industrial Relations, 830

Punchbowl Street, Honolulu, Hawaii

96831.

Subpart Z—Indiana

47. Section 1952.324 is amended by

revising paragraph (b) to read as follows:

§ 1952.324 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Indiana. The

plan does not cover maritime

employment in the private sector;

Federal government employers and

employees; the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations; the enforcement of the field

sanitation standard, 29 CFR 1928.110,

and the enforcement of the temporary

labor camps standard, 29 CFR 1910.142,

with respect to any agricultural

establishment where employees are

engaged in ‘‘agricultural employment’’

within the meaning of the Migrant and

Seasonal Agricultural Worker Protection

Act, 29 U.S.C. 1802(3), regardless of the

number of employees, including

employees engaged in hand packing of

produce into containers, whether done

on the ground, on a moving machine, or

in a temporary packing shed, except that

Indiana retains enforcement

responsibility over agricultural

temporary labor camps for employees

engaged in egg, poultry, or red meat

production, or the post-harvest

processing of agricultural or

horticultural commodities.

* * * * *

48. Section 1952.325 is amended by

revising paragraph (b)(1) to read as

follows:

§ 1952.325 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Indiana plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to maritime employment (29

CFR Part 1915, shipyard employment;

Part 1917, marine terminals; Part 1918,

longshoring; Part 1919, gear

certification), as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments. Federal jurisdiction is

retained and exercised by the

Employment Standards Administration,

U.S. Department of Labor, (Secretary’s

Order 5–96, dated December 27, 1996)

with respect to the field sanitation

standard, 29 CFR 1928.110, and the

enforcement of the temporary labor

camps standard, 29 CFR 1910.142, in

agriculture, as described in

§ 1952.324(b). Federal jurisdiction is

also retained with respect to Federal

government employers and employees,

and the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

49. Section 1952.326 is revised to read

as follows:

§ 1952.326 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3700, Washington,

DC 20210;

Regional Administrator, Occupational Safety

and Health Administration, U.S.

Department of Labor, 230 S. Dearborn

Street, 32nd Floor, Room 3244, Chicago,

Illinois 60604; and

Office of the Commissioner, Indiana

Department of Labor, State Office Building,

402 West Washington Street, Room W195,

Indianapolis, Indiana 46204.

Subpart BB—Wyoming

50. Section 1952.344 is amended by

revising paragraph (b) to read as follows:

§ 1952.344 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Wyoming. The

plan does not cover private sector

maritime employment; employment on

the Warren Air Force Base; Federal

government employers and employees;

the U.S. Postal Service (USPS),

including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations; the enforcement of the field

sanitation standard, 29 CFR 1928.110,

and the enforcement of the temporary

labor camps standard, 29 CFR 1910.142,

with respect to any agricultural

establishment where employees are

engaged in ‘‘agricultural employment’’

within the meaning of the Migrant and

Seasonal Agricultural Worker Protection

Act, 29 U.S.C. 1802(3), regardless of the

number of employees, including

employees engaged in hand packing of

produce into containers, whether done

on the ground, on a moving machine, or

in a temporary packing shed, except that

Wyoming retains enforcement

responsibility over agricultural

temporary labor camps for employees

engaged in egg, poultry, or red meat

production, or the post-harvest

processing of agricultural or

horticultural commodities.

* * * * *

51. Section 1952.345 is amended by

revising paragraph (b) to read as follows:

§ 1952.345 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Wyoming plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, Federal standards, rules, or orders,

and all Federal standards, current or

future, specifically directed to maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36629

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments. Federal jurisdiction is

retained and exercised by the

Employment Standards Administration,

U.S. Department of Labor, (Secretary’s

Order 5–96, dated December 27, 1996)

with respect to the field sanitation

standard, 29 CFR 1928.110, and the

enforcement of the temporary labor

camps standard, 29 CFR 1910.142, in

agriculture, as described in

§ 1952.344(b). Federal jurisdiction is

also retained for employment at Warren

Air Force Base; Federal government

employers and employees; and the U.S.

Postal Service (USPS), including USPS

employees, and contract employees and

contractor-operated facilities engaged in

USPS mail operations.

(2) In addition, any hazard, industry,

geographical area, operation or facility

over which the State is unable to

effectively exercise jurisdiction for

reasons not related to the required

performance or structure of the plan

shall be deemed to be an issue not

covered by the finally approved plan,

and shall be subject to Federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability, Federal

jurisdiction may be assumed over the

entire project or facility. In either of the

two aforementioned circumstances,

Federal enforcement may be exercised

immediately upon agreement between

Federal and State OSHA.

* * * * *

52. Section 1952.346 is revised to read

as follows:

§ 1952.346 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

1999 Broadway Suite 1690, Denver,

Colorado 80202–5716; and

Office of the Assistant Administrator,

Worker’s Safety and Compensation

Division, Wyoming Department of

Employment, Herschler Building, 2nd

Floor East, 122 West 25th Street,

Cheyenne, Wyoming 82002.

Subpart CC—Arizona

53. Section 1952.354 is amended by

revising paragraph (b) to read as follows:

§ 1952.354 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Arizona. The

plan does not cover private sector

maritime employment; 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; copper smelters; concrete

and asphalt batch plants that are

physically connected to a mine or so

interdependent with a mine as to form

one integral enterprise; and Indian

reservations.

* * * * *

54. Section 1952.355 is amended by

revising paragraph (b) to read as follows:

§ 1952.355 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Arizona plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to maritime employment (29

CFR Part 1915, shipyard employment;

Part 1917, marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments. Federal jurisdiction is

also retained 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; in copper smelters; in

concrete and asphalt batch plants which

are physically connected to a mine or so

interdependent with the mine as to form

one integral enterprise; and within

Indian reservations.

(2) In addition, any hazard, industry,

geographical area, operation or facility

over which the State is unable to

effectively exercise jurisdiction for

reasons not related to the required

performance or structure of the plan

shall be deemed to be an issue not

covered by the finally approved plan,

and shall be subject to Federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability, Federal

jurisdiction may be assumed over the

entire project or facility. In either of the

two aforementioned circumstances,

Federal enforcement may be exercised

immediately upon agreement between

Federal and State OSHA.

* * * * *

55. Section 1952.356 is revised to read

as follows:

§ 1952.356 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

71 Stevenson Street, 4th Floor, San

Francisco, California 94105; and

Office of the Director, Industrial Commission

of Arizona, 800 W. Washington, Phoenix,

Arizona 85007.

Subpart DD—New Mexico

56. Section 1952.365 is amended by

removing ‘‘and’’ at the end of paragraph

(a)(8), by revising paragraph (a)(9), and

by adding paragraph (a)(10) to read as

follows:

§ 1952.365 Level of Federal enforcement.

* * * * *

(a) * * *

(9) Enforcement of occupational safety

and health standards with regard to

Federal government employers and

employees; and the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations; and

(10) Investigations and inspections for

the purpose of the evaluation of the

New Mexico plan under sections 18(e)

36630 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

and (f) of the Act (29 U.S. C. 667 (e) and

(f)).

* * * * *

Subpart EE—Virginia

57. Section 1952.374 is amended by

revising paragraph (b) to read as follows:

§ 1952.374 Final approval determination.

* * * * *

(b) Except as otherwise noted, the

plan which has received final approval

covers all activities of employers and all

places of employment in Virginia. The

plan does not cover private sector

maritime employment; worksites

located within Federal military facilities

as well as on other Federal enclaves

where civil jurisdiction has been ceded

by the State to the Federal government;

Federal government employers and

employees; and the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

* * * * *

58. Section 1952.375 is amended by

revising paragraph (b)(1) to read as

follows:

§ 1952.375 Level of Federal enforcement.

* * * * *

(b)(1) In accordance with section

18(e), final approval relinquishes

Federal OSHA authority only with

regard to occupational safety and health

issues covered by the Virginia plan.

OSHA retains full authority over issues

which are not subject to State

enforcement under the plan. Thus,

Federal OSHA retains its authority

relative to safety and health in private

sector maritime activities and will

continue to enforce all provisions of the

Act, rules or orders, and all Federal

standards, current or future, specifically

directed to maritime employment (29

CFR Part 1915, shipyard employment;

Part 1917, marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments, and employment at

worksites located within Federal

military facilities as well as on other

Federal enclaves where civil

jurisdiction has been ceded by the State

to the Federal government. Federal

jurisdiction is also retained with respect

to Federal government employers and

employees, and the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations.

* * * * *

59. Section 1952.376 is revised to read

as follows:

§ 1952.376 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3700, Washington,

DC 20210;

Office of the Regional Administrator,

Occupational Safety and Health

Administration, U.S. Department of Labor,

The Curtis Center, 170 South

Independence Mall West—Suite 740 West,

Philadelphia, Pennsylvania 19106–3309;

and

Office of the Commissioner, Virginia

Department of Labor and Industry, PowersTaylor Building, 13 South 13th Street,

Richmond, Virginia 23219.

Subpart FF—Puerto Rico

60. Section 1952.381 is revised to read

as follows:

§ 1952.381 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations:

Office of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Room N3700, Washington,

DC 20210;

Regional Administrator, Occupational Safety

and Health Administration, U.S.

Department of Labor, 201 Varick Street,

Room 670, New York, New York 10014.

Office of the Secretary, Puerto Rico

Department of Labor and Human

Resources, Prudencio Rivera Martinez

Building, 505 Munoz Rivera Avenue, Hato

Rey, Puerto Rico 00918.

61. Section 1952.382 is revised to read

as follows:

§ 1952.382 Level of Federal enforcement.

* * * * *

Pursuant to § 1902.20(b)(1)(iii) and

§ 1954.3 of this chapter under which an

agreement has been entered into with

Puerto Rico, effective December 8, 1981,

and based on a determination that

Puerto Rico is operational in the issues

covered by the Puerto Rico occupational

safety and health plan, discretionary

Federal enforcement authority under

section 18(e) of the Act (29 U.S.C.

667(e)) will not be initiated with regard

to Federal occupational safety and

health standards in issues covered

under 29 CFR Parts 1910 and 1926

except as provided in this section. The

U.S. Department of Labor will continue

to exercise authority, among other

things, with regard to: complaints filed

with the U.S. Department of Labor

alleging discrimination under section

11(c) of the Act (29 U.S.C. 660(c)); safety

and health in private sector maritime

activities and will continue to enforce

all provisions of the Act, rules of orders,

and all Federal standards, current or

future, specifically directed to maritime

employment (29 CFR Part 1915,

shipyard employment; Part 1917,

marine terminals; Part 1918,

longshoring; Part 1919, gear

certification) as well as provisions of

general industry and construction

standards (29 CFR Parts 1910 and 1926)

appropriate to hazards found in these

employments; enforcement relating to

any contractors or subcontractors on any

Federal establishment where the State

cannot obtain entry; enforcement of new

Federal standards until the State adopts

a comparable standard; situations where

the State is refused entry and is unable

to obtain a warrant or enforce the right

of entry; enforcement of unique and

complex standards as determined by the

Assistant Secretary; situations when the

State is temporarily unable to exercise

its enforcement authority fully or

effectively; completion of enforcement

actions initiated prior to the effective

date of the agreement; and

investigations and inspections for the

purpose of the evaluation of the Puerto

Rico plan under sections 18(e) and (f) of

the Act (29 U.S.C. 667(e) and (f)).

Federal OSHA will also retain authority

for coverage of Federal employers and

employees, and the U.S. Postal Service

(USPS), including USPS employees, and

contract employees and contractoroperated facilities engaged in USPS mail

operations. The OSHA Regional

Administrator will make a prompt

recommendation for the resumption of

the exercise of Federal enforcement

authority under section 18(e) of the Act

(29 U.S.C. 667(e)) whenever, and to the

degree, necessary to assure occupational

safety and health protection to

employees in Puerto Rico.

[FR Doc. 00–14150 Filed 6–8–00; 8:45 am]

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