49908 Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations

One respondent requested that the

FCA clarify whether a 75-percent vote is

needed to reinstate cumulative voting.

The FCA does not require a

supermajority to reinstate cumulative

voting. The FCA believes that such a

vote should be subject to the

amendment procedures established by

the FCB’s bylaws.

List of Subjects in 12 CFR Part 615

Accounting, Agriculture, Banks,

Banking, Government securities,

Investments, Rural areas.

For the reasons stated in the

preamble, part 615 of chapter VI, title 12

of the Code of Federal Regulations is

amended as follows:

PART 615—FUNDING AND FISCAL

AFFAIRS, LOAN POLICIES AND

OPERATIONS, AND FUNDING

OPERATIONS

1. The authority citation for part 615

continues to read as follows:

Authority: Secs. 1.5, 1.7, 1.10, 1.11, 1.12,

2.2, 2.3, 2.4, 2.5, 2.12, 3.1, 3.7, 3.11, 3.25, 4.3,

4.3A, 4.9, 4.14B, 4.25, 5.9, 5.17, 6.20, 6.26,

8.0, 8.3, 8.4, 8.6, 8.7, 8.8, 8.10, 8.12 of the

Farm Credit Act (12 U.S.C. 2013, 2015, 2018,

2019, 2020, 2073, 2074, 2075, 2076, 2093,

2122, 2128, 2132, 2146, 2154, 2154a, 2160,

2202b, 2211, 2243, 2252, 2278b, 2278b–6,

2279aa, 2279aa–3, 2279aa–4, 2279aa–6,

2279aa–7, 2279aa–8, 2279aa–10, 2279aa–12);

sec. 301(a) of Pub. L. 100–233, 101 Stat. 1568,

1608.

Subpart I—Issuance of Equities

2. Section 615.5230 is amended by

revising paragraph (a)(2)(ii) to read as

follows:

§ 615.5230 Implementation of cooperative

principles.

(a) * * *

(2) * * *

(ii) Have the right to vote in the

election of each director and be allowed

to cumulate such votes and distribute

them among the candidates in the

shareholder’s discretion, except that

cumulative voting for directors may be

eliminated if 75 percent of the

associations that are shareholders of the

Farm Credit Bank vote in favor of

elimination. In a vote to eliminate

cumulative voting, each association

shall be accorded one vote.

* * * * *

Dated: September 16, 1997.

Floyd Fithian,

Secretary, Farm Credit Administration Board.

[FR Doc. 97–25262 Filed 9–23–97; 8:45 am]

BILLING CODE 6705–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 177

Indirect Food Additives: Polymers

CFR Correction

In Title 21 of the Code of Federal

Regulations, parts 170 to 199, revised as

of April 1, 1997, make the following

correction:

On page 263, in § 177.1520, in the

paragraph (b) table, the third entry

under the heading ‘‘Substance’’ is

corrected to read

‘‘Polymethylsilsesquioxane (CAS Reg.

No. 68554–70–1)’’.

BILLING CODE 1505-01-D

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1952

Oregon State Plan; Approval of Plan

Supplements; Changes in Level of

Federal Enforcement, Including

Umatilla Indian Reservation

AGENCY: Occupational Safety and Health

Administration (OSHA), U.S.

Department of Labor.

ACTION: Final rule.

SUMMARY: This document gives notice of

the approval of a State-initiated plan

change and assumption of Federal

OSHA enforcement authority in the

State of Oregon over all private sector

establishments, including tribal and

Indian-owned enterprises, on all Indian

and non-Indian lands within the

currently established boundary of the

Umatilla Indian Reservation, and on

lands outside the reservation that are

held in trust by the Federal government

for the Confederated Tribes of the

Umatilla (Umatilla Tribes). Oregon

OSHA will retain its enforcement

jurisdiction over public sector (State

and local government) employees

working on these lands.

This document also gives notice of the

approval of several other changes in the

level of Federal enforcement in the State

of Oregon. A 1991 addendum to

Oregon’s operational status agreement

contained four changes to the

circumstances under which Federal

enforcement jurisdiction may be

exercised within the State, including

situations where Oregon is refused entry

to an establishment. In addition, Oregon

has assumed responsibility for worker

protection at Superfund sites (except on

military bases) and with regard to

private contractors working on U.S.

Army Corps of Engineers dam

construction projects, as reflected in a

1992 Memorandum of Understanding

between Federal OSHA and the State of

Oregon.

OSHA is hereby amending its

regulation on approved plans to reflect

these changes to the level of Federal

enforcement authority in Oregon, and

correcting a few typographical errors.

EFFECTIVE DATE: September 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, Office of

Public Affairs, Occupational Safety and

Health Administration, Room N3647,

200 Constitution Avenue, N.W.,

Washington, D.C. 20210, Telephone

(202) 219–8148.

SUPPLEMENTARY INFORMATION:

A. Background

Section 18 of the Occupational Safety

and Health Act of 1970 (the Act), 29

U.S.C. 667, provides that States which

wish to assume responsibility for

developing and enforcing their own

occupational safety and health

standards may do so by submitting, and

obtaining Federal approval of, a State

plan. State plan approval occurs in

stages which include initial approval

under section 18(c) of the Act and,

ultimately, final approval under section

18(e). 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. See 29 CFR 1954.3 for

guidelines and procedures.

The Oregon Occupational Safety and

Health State plan was approved under

section 18(c) of the Act and part 1902

of this chapter on December 28, 1972

(37 FR 28628). On January 23, 1975,

OSHA and the State of Oregon entered

into an Operational Status Agreement

which suspended the exercise of

Federal concurrent enforcement

authority in all except specifically

identified areas. The agreement was

amended on December 12, 1983 and on

November 27, 1991. Except for this last

amendment, the pertinent provisions

concerning level of Federal enforcement

in Oregon are codified at 29 CFR

1952.105.

By letters of April 29, 1997 and July

14, 1997 from Peter DeLuca,

Administrator, Oregon Occupational

Safety and Health Division (OR–OSHA)

to Richard Terrill, Acting Regional

Administrator, the State of Oregon has

requested that Federal OSHA assume

enforcement authority in Oregon over
Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations 49909

all private sector establishments,

including tribal and Indian-owned

enterprises, on all Indian and nonIndian lands within the currently

established boundary of the Umatilla

Indian Reservation, and on lands

outside the reservation that are held in

trust now and in the future by the

Federal government for the

Confederated Tribes of the Umatilla.

These Umatilla Tribes trust lands

currently include the Conforth Ranch

near Umatilla, Oregon, lands located

outside the currently established

reservation boundary yet inside the

1871 Surveyed Treaty Boundary, and

some parcels located outside the

surveyed treaty boundary in the Indian

Lakes Area of Umatilla County, Oregon.

These trust lands are established on a

map developed by the tribal planning

office and updated periodically. Any

acquisitions by the Umatilla Tribes of

fee lands outside the reservation

boundary that are converted in the

future to trust land will be documented

by the legal description in the formal

request for conversion to trust land that

is filed with the county. In its letters the

State indicated that it will continue to

provide consultation, training and

technical services to all these employers

and employees after the jurisdiction

change. In addition, OR–OSHA will

maintain enforcement jurisdiction over

public sector (State and local

government) employees working on

these lands. Oregon also noted in its

letters that Tribal or Indian-owned

enterprises operating outside the

established boundary of the Umatilla

Indian Reservation or off tribal trust

lands will also remain under OR–

OSHA’s enforcement jurisdiction. The

State of Oregon made this request

because of problems regarding the

exercise of Oregon’s occupational safety

and health enforcement authority on

Umatilla lands.

This document also gives notice of

several other changes in the level of

Federal enforcement in the State of

Oregon. A November 27, 1991

addendum to Oregon’s operational

status agreement provides that Federal

OSHA retains enforcement

responsibility for (1) new Federal

standards not yet adopted by the State;

(2) situations where the State is refused

entry and is unable to obtain a warrant

or enforce the right to entry; (3)

enforcement of unique and complex

standards as determined by the

Assistant Secretary; and (4) situations

where the State is unable to exercise its

enforcement authority fully or

effectively.

In addition, OR–OSHA has assumed

jurisdiction for both private and public

sector employees at Superfund sites in

the State of Oregon (except those on

U.S. military reservations), and for

private contractors working on U.S.

Army Corps of Engineers dam

construction projects, including

reconstruction of docks and other

appurtenances. Federal OSHA retains

jurisdiction over all other worksites,

including Superfund sites, that are

located within the borders of U.S.

military reservations in Oregon. These

changes in the level of Federal

enforcement have been clarified in an

October 20, 1992 Memorandum of

Understanding between Federal OSHA

and the State of Oregon. The Superfund

changes resulted from OSHA Instruction

CPL 2, February 8, 1988, which required

States with OSHA-approved State plans

to cover Superfund sites.

B. Decision

After careful consideration, OSHA is

approving under part 1953 of this

chapter the Oregon State-initiated plan

changes described above. Concurrently,

OSHA is announcing its assumption of

Federal enforcement authority in

Oregon concerning the Confederated

Tribes of the Umatilla, as specified

above. OSHA is hereby amending 29

CFR part 1952 to reflect these changes

in the level of Federal enforcement,

correct a few typographical errors, and

revise the format.

C. Location of Supplements for

Inspection and Copying

A copy of the plan supplements,

along with the approved plan, may be

inspected and copied during normal

business hours at the following

locations: Office of State Programs,

Occupational Safety and Health

Administration, Room N–3700, 200

Constitution Avenue, N.W.,

Washington, D.C. 20210; Office of the

Regional Administrator, Occupational

Safety and Health Administration, 1111

Third Avenue, Suite 715, Seattle,

Washington 98101–3212; and the

Oregon Occupational Safety and Health

Division, Department of Consumer and

Business Services, 350 Winter Street,

N.E., Room 430, Salem, Oregon 97310.

For electronic copies of this Federal

Register notice, contact OSHA’s

WebPage at http://www.osha.gov/.

D. Public Participation

OSHA is amending 29 CFR part 1952

to reflect changes to the level of Federal

enforcement described above. In light of

the discussions with the Umatilla Tribes

and the State on the resumption of

Federal enforcement authority

concerning the Umatilla Tribes, OSHA

believes that further public participation

regarding this amendment to part 1952

would be unnecessary. Regarding the

other amendments to the level of

Federal enforcement in Oregon, these

changes are procedural in nature and

were effected in 1991 and 1992 upon

signature of the parties; accordingly,

further public participation regarding

these additional amendments to part

1952 would also be unnecessary.

List of Subjects in 29 CFR Part 1952

Intergovernmental relations, Law

enforcement, Occupational safety and

health.

This document was prepared under

the direction of Greg Watchman, Acting

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).

Signed at Washington, DC, this 5th day of

September 1997.

Greg Watchman,

Acting Assistant Secretary of Labor.

For the reasons set out in the

preamble, 29 CFR part 1952, subpart D

(Oregon), is hereby amended as set forth

below.

PART 1952—[AMENDED]

1. The authority citation of 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 D—Oregon

2. Section 1952.105 is amended by

revising paragraph (a) to read as follows:

§ 1952.105 Level of Federal enforcement.

(a) Pursuant to §§ 1902.20(b)(1)(iii)

and 1954.3 of this chapter under which

an operational status agreement has

been entered into with Oregon, effective

January 23, 1975, and as amended,

effective December 12, 1983 and

November 27, 1991; and based on a

determination that Oregon is

operational in the issues covered by the

Oregon occupational safety and health

plan, discretionary Federal enforcement

authority under section 18(e) of the Act,

29 U.S.C. 667(c), will not be initiated

with regard to Federal occupational

safety and health standards in issues

covered under 29 CFR parts 1910, 1926

and 1928 except as provided in this

section. The U.S. Department of Labor

will continue to exercise authority

among other things with regard to:

(1) Complaints filed with the U.S.

Department of Labor alleging
49910 Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations

discrimination under section 11(c) of

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

(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;

(3) Enforcement of new Federal

standards until the State adopts a

comparable standard;

(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 at worksites

located within the Warm Springs Indian

Reservation;

(8) 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 boundary of the

Umatilla Indian Reservation, and on

lands outside the reservation that are

held in trust by the Federal government

for the Confederated Tribes of the

Umatilla;

(9) 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; and,

(10) 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)).

* * * * *

3. Section 1952.107 is amended by

adding paragraph (f) to read as follows:

§ 1952.107 Changes to approved plans.

* * * * *

(f) Oregon’s State plan changes

excluding coverage under the plan of all

private sector employment (including

tribal and Indian-owned enterprises) on

Umatilla Indian reservation or trust

lands, by letters of April 29 and July 14,

1997 (see §§ 1952.105); extending

coverage under the plan to Superfund

sites and private contractors working on

U.S. Army Corps of Engineers dam

construction projects, as noted in a 1992

Memorandum of Understanding; and

specifying four (4) unusual

circumstances where Federal

enforcement authority may be exercised,

as described in a 1991 addendum to the

State’s operational status agreement,

were approved by the Acting Assistant

Secretary on September 24, 1997.

[FR Doc. 97–25307 Filed 9–23–97; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1952

New Mexico State Plan; Approval of

Plan Supplement; Change in Level of

Federal Enforcement: Military Facilities

and Indian Reservations

AGENCY: Occupational Safety and Health

Administration, Labor.

ACTION: Final rule.

SUMMARY: This document gives notice of

the approval of a State-initiated plan

change and resumption of Federal

enforcement responsibility in the State

of New Mexico over private sector

employment on military facilities and

bases, and, to the extent permitted by

applicable law, over tribal or private

sector employment within any Indian

reservation or lands under the control of

a tribal government.

OSHA is hereby amending its

regulations on approved plans to reflect

this change to the level of Federal

enforcement authority in New Mexico.

EFFECTIVE DATE: September 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, Office of

Information and Consumer Affairs,

Occupational Safety and Health

Administration, U.S. Department of

Labor, Room, N–3637, 200 Constitution

Avenue, N.W., Washington, D.C. 20210,

(202) 219–8148.

SUPPLEMENTARY INFORMATION:

A. Background

Section 18 of the Occupational Safety

and Health Act of 1970 (The Act), 29

U.S.C. 667, provides that States which

wish to assume responsibility for

developing and enforcing their own

occupational safety and health

standards, may do so by submitting, and

obtaining Federal approval of, a State

plan. State plan approval occurs in

stages which include initial approval

under section 18(c) of the Act and,

ultimately, final approval under section

18(e). 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. See 29 CFR 1954.3 for

guidelines and procedures.

The New Mexico Occupational Health

and Safety State plan was approved

under section 18(c) of the Act of 1970

and part 1902 of this chapter on

December 10, 1975 (40 FR 57455), and

certified by OSHA as having completed

all of its developmental steps on

December 4, 1984 (49 FR 48915). On

December 5, 1981, OSHA and the State

of New Mexico entered into an

Operational Status Agreement which

suspended the exercise of Federal

concurrent enforcement authority in all

except specifically identified areas. The

pertinent provisions concerning the

level of Federal enforcement in the State

are codified at 29 CFR 1952.365.

By letter dated January 3, 1997, from

Sam A. Rogers, Bureau Chief,

Occupational Health and Safety Bureau,

New Mexico Environment Department,

to OSHA Regional Administrator Emzell

Blanton, Jr., the State of New Mexico

has requested that Federal OSHA to

resume enforcement authority over

private sector employment on military

facilities and bases and, over tribal or

private sector employment within any

Indian reservation or lands under the

control of a tribal government. After

extensive research which identified

numerous problems with regard to the

exercise of New Mexico occupational

health and safety enforcement authority,

the State of New Mexico, for

administrative convenience, will

exclude coverage of all private sector

employment on Federal military lands

and facilities, including but not limited

to Kirkland Air Force Base, Fort Bliss

Military Reservation, White Sands

Missile Range Military Reservation,

Holloman Air Force Base, Cannon Air

Force Base, Fort Wingate Military

Reservation, Fort Bayard Veterans’

Hospital, Albuquerque Veterans’

Hospital, Santa Fe National Cemetery,

etc., from under its State plan. In

addition, since all of New Mexico’s

Indian tribes have treaties with the

Federal Government and the

applicability of State laws and

jurisdiction on tribal reservations and

other Indian owned land have been

questionable at best, New Mexico will

also exclude tribal or private sector

employment within any Indian

reservation or lands under the control of

a tribal government from coverage under

its State plan.