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.
Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations 49911

B. Location of Supplement for

Inspection and Copying

A copy of the plan supplement, along

with the approved plan, may be

inspected and copied during normal

business hours at the following

locations: Office of the Regional

Administrator, U.S. Department of

Labor-OSHA, 525 Griffin Street, Room

602, Dallas, Texas 75202; Office of the

Secretary, Environment Department,

1190 St. Francis Drive, Room 2200-

North, Santa Fe, New Mexico 87503;

and the Office of State Programs, 200

Constitution Avenue, N.W., Room

N3700, Washington, D.C. 20210. For

electronic copies of this notice, contact

OSHA’s WebPage at http://

www.osha.gov/.

C. 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.

To assure worker protection under the

OSH Act, the Assistant Secretary finds

that New Mexico’s State-initiated plan

change requesting that Federal OSHA

resume enforcement authority in 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,

is consistent with Federal requirements,

and with commitments contained in the

plan and previously made available for

public comment. Good cause is

therefore found for approval of this plan

supplement, and further public

participation is unnecessary.

D. Decision

After careful consideration, OSHA is

approving under Part 1953 of this

chapter, the New Mexico State-initiated

plan change concerning the level of

Federal enforcement authority, as

described in the 1981 New Mexico

Operational Status Agreement.

Concurrently, OSHA is announcing its

resumption of Federal enforcement

authority in New Mexico over the

coverage of private sector employment

on Federal 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 29 CFR part 1952, Subpart

DD, to reflect this change in the level of

Federal enforcement and to revise the

format.

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 18th day of

September 1997.

Greg Watchman,

Acting Assistant Secretary of Labor.

For the reasons set out in the

preamble 29 CFR part 1952, Subpart DD

(New Mexico) is hereby amended as set

forth below:

PART 1952—APPROVED STATE

PLANS FOR ENFORCEMENT OF

STATE STANDARDS

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 DD—New Mexico

2. Section 1952.365 is revised to read

as follows:

§ 1952.365 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 between OSHA and

New Mexico, effective October 5, 1981,

and based on a determination that New

Mexico is operational in issues covered

by the New Mexico occupational health

and safety 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, 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

discrimination under section 11(c) of

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

(2) Enforcement with respect to

private sector maritime employment

including 29 CFR parts 1915, 1917,

1918, 1919 (shipyard employment;

marine terminals; longshoring and gear

certification), and 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 State plan;

(3) Enforcement in situations where

the State is refused and is unable to

obtain a warrant or enforce its right of

entry;

(4) Enforcement of new Federal

standards until the State adopts a

comparable standard;

(5) Enforcement of unique and

complex standards as determined by the

Assistant Secretary;

(6) Enforcement in situations when

the State is temporarily unable to

exercise its enforcement authority fully

or effectively;

(7) Enforcement of occupational safety

and health standards at all Federal and

private sector establishments on

military facilities and bases, 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;

(8) Enforcement of occuaptional safety

and health standards, to the extent

permitted by applicable law, over tribal

or private sector employment within

any Indian reservation and lands under

the control of a tribal government; and

(9) Investigations and inspections for

the purpose of the evaluation of the

New Mexico plan under sections 18 (e)

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

(f)).

(b) The Regional Administrator for

Occupational Safety and Health 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 New Mexico.

3. Section 1952.367 is amended by

adding paragraph (b) to read as follows:

§ 1952.367 Changes to approved plans.

* * * * *

(b) In accordance with Subpart E of

part 1953 of this chapter, New Mexico’s

State plan amendment, dated January 3,

1997, excluding coverage of all private

sector employment on Federal military

facilities and bases (see § 1952.365),

and, to the extent permitted by

applicable law, over tribal or private

sector employment within any Indian

reservation and lands under the control

of a tribal government, from its State

plan was approved by the Acting
49912 Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations

Assistant Secretary on September 24,

1997.

[FR Doc. 97–25306 Filed 9–23–97; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 343

[Department of the Treasury Circular, Public

Debt Series No. 3–68]

Regulations Governing the Offering of

United States Mortgage Guaranty

Insurance Company Tax and Loss

Bonds

AGENCY: Bureau of the Public Debt,

Fiscal Service, Treasury.

ACTION: Final rule.

SUMMARY: The Department of the

Treasury (Department) or (Treasury) is

issuing in final form an amendment to

its regulations governing United States

Mortgage Guaranty Insurance Company

Tax and Loss Bonds, referred to as tax

and loss bonds. These securities are

available for purchase only by

companies organized and engaged in the

business of writing mortgage guaranty

insurance within the United States.

Previously, these securities were issued

in definitive (paper) form. They were

only available in a ten year maturity.

The Department has determined that

maintaining and servicing these

securities in definitive form is not costeffective. The Department had also

received many requests to offer a twenty

year maturity. This final rule will

reduce administrative overhead and

costs by providing that on or after the

effective date of the regulation, the

securities will only be offered in bookentry form and that the securities may,

at the option of the holder, be converted

to book-entry form. It will also provide

for maturities of either ten or twenty

years. Minor changes to redemption

notices have been added and all

addresses have been updated.

EFFECTIVE DATE: September 24, 1997.

ADDRESSES: Copies are available for

downloading from the Bureau of the

Public Debt home page at: http://

www.publicdebt.treas.gov/or may be

obtained from the Division of Special

Investments, 200 3rd St., P.O. Box 396,

Parkersburg, WV 26106–0396.

FOR FURTHER INFORMATION CONTACT:

Howard Stevens, Director, Division of

Special Investments, at 304–480–7752,

or Edward C. Gronseth, Deputy Chief

Counsel, at 304–480–5192 or Jim

Kramer-Wilt, Attorney/Adviser, Office

of the Chief Counsel, at 304–480–5190.

SUPPLEMENTARY INFORMATION:

I. Background

The Department of the Treasury,

Bureau of the Public Debt, is providing

for the voluntary conversion of

outstanding definitive tax and loss

securities to book-entry form and further

providing for the issuance of only bookentry securities. This conversion will

improve the cost-effectiveness of this

program and the ease of administering

transactions involving these securities.

II. Section-by-Section Summary

Subpart A—General Information

Provisions included in the general

information paragraph apply to the

offering of these securities. Part 343 has

been substantially rewritten. Changes

from the 1968 regulations are as follows:

(1) Paragraph 343.1—This paragraph

has been renumbered from 343.6.

(2) Paragraph 343.1(a)—This

paragraph has been renumbered from

343.6(a). It is amended to state that

copies of 31 CFR part 306 may be

obtained from the Division of Special

Investments.

(3) Paragraph 343.1(b)—This is a new

paragraph titled Issuance. It states that

on or after the effective date of this

regulation, tax and loss bonds will be

issued only in book-entry form on the

books of the Treasury Department. The

bonds will now be issued with ten or

twenty year maturities designated by the

purchaser and are non-interest bearing.

Transfer by sale, exchange, assignment,

pledge, or otherwise is prohibited. The

bonds may be reissued as provided in

paragraph 343.4.

(4) Paragraph 343.1(c)—This

paragraph has been renumbered from

343.6(b). It is amended to state that

selected Federal Reserve Banks and

branches, as fiscal agents of the United

States, may be designated to perform

such services requested of them by the

Secretary of the Treasury in connection

with purchases, transactions and

redemptions of these bonds.

(5) Paragraph 343.1(d)—This is a new

paragraph titled Debt limit contingency.

It states that the Department of the

Treasury reserves the right to change or

suspend the terms and conditions of the

offering of tax and loss securities. This

right includes provisions relating to the

purchase and redemption of these bonds

and any related notices. This may be

done at any time the Secretary

determines that the issuance of

obligations sufficient to conduct the

orderly financing operations of the

United States cannot be made without

exceeding the statutory debt limit.

Announcement of such changes shall be

provided by such means as the

Secretary deems appropriate.

(6) 343.1(3)—This paragraph has been

renumbered from 343.3. It is amended

to state that upon maturity of a bond,

the Department will make payment of

the principal amount due to the owner.

A bond scheduled for maturity on a

non-business day will be redeemed on

the next business day with the same

force and effect as if made on the

maturity date.

(7) Paragraph 343.1(f)—This

paragraph is titled Reservations. It

includes language of the former

paragraph 343.3. It is revised to state

that the Secretary of the Treasury may

supplement or amend the terms of this

circular or any related amendments and

supplements. Transaction requests,

including purchases or redemptions of

bonds, are not acceptable if unsigned,

inappropriately completed, or not

timely submitted. The non-acceptance

of inappropriate transaction requests is

final. The authority of the Secretary to

waive regulations under 31 CFR 306.126

applies to part 343.

(8) Paragraph 343.1(g)—This is a new

paragraph titled Forms and additional

information. It states that PD Form 3871

‘‘Application for Issue of United States

Mortgage Guaranty Insurance Company

Tax and Loss Bonds’’, Fedwire

instructions and other information will

be furnished by the Division of Special

Investments upon request. Interested

parties may write to the Division of

Special Investments or may telephone at

(304) 480–7752. Application forms may

also be downloaded from the Internet at

Public Debt’s home page at: http://

www.publicdebt.treas.gov/.

Subpart B—Tax and Loss Bonds

This is a new subpart which includes

information on the issue date, purchase,

redemption, reissue and taxation of

these bonds.

(9) Paragraph 343.2—This paragraph

has been renumbered. It combines the

former paragraphs 343.1(c) and 343.2.

This paragraph is revised to state that

the issue date must be a business day.

The securities will also be issued as of

the date of receipt of Form PD F 3871,

along with remittance of funds for the

full amount of the bond(s). Applications

under this offering must be submitted to

the Division of Special Investments. An

application may be submitted by fax at

(304) 380–7786 or (304) 480–6818, by

mail or by other carrier. Applications

submitted by mail should be sent by

certified or registered mail.

(10) Paragraph 343.2(b)—This

paragraph has been renumbered from