Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 19933 

Also, the court noted that the 

plaintiff, a federal inmate, had ‘‘never 

acted, requested to act or has been 

requested to act as a reporter,’’ and 

therefore chose to restrict its decision to 

the ‘‘byline’’ language without 

addressing the ‘‘reporter’’ language. In 

footnote 25, the court stated that the 

reporter ‘‘portion of the regulation is not 

before the Court.’’ Further, when the 

Bureau attempted to justify the ‘‘byline’’ 

language by indicating that publishing 

under a byline amounts to unauthorized 

conducting of a business, the court 

stated as follows: 

[T]his argument would carry more weight 

if the Court were addressing the portion of 

the Byline Regulation prohibiting inmates 

from acting as reporters. The role of a 

reporter envisions a relationship between the 

news media and the inmate, for which the 

inmate is compensated. But the scope of this 

lawsuit does not include the reporter portion 

of the regulation, and the danger of an inmate 

conducting a business simply because the 

inmate publishes a writing under a byline in 

the news media is much more remote. 

Id. at 1123. 

The court’s recognition of the 

distinction between ‘‘publishing under a 

byline’’ and ‘‘acting as a reporter’’ is 

clear from the language of the Jordan 

opinion. Likewise, the court’s 

recognition of this distinction is clear in 

its holding invalidating only the 

‘‘byline’’ portion of the regulation but 

not the ‘‘reporter’’ portion. We therefore 

decline to remove the provision in the 

regulation prohibiting acting as a 

reporter. 

For the aforementioned reasons, the 

interim rule published on April 23, 

2010 (75 FR 21163), is hereby finalized 

without change. 

Executive Order 12866 

This regulation does not fall within a 

category of actions that the Office of 

Management and Budget (OMB) has 

determined to constitute ‘‘significant 

regulatory actions’’ under section 3(f) of 

Executive Order 12866 and, 

accordingly, it was not reviewed by 

OMB. 

The Bureau of Prisons has assessed 

the costs and benefits of this regulation 

as required by Executive Order 12866 

Section 1(b)(6) and has made a reasoned 

determination that the benefits of this 

regulation justify its costs. There will be 

no new costs associated with this 

regulation. 

Executive Order 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, under 

Executive Order 13132, we determine 

that this regulation does not have 

sufficient Federalism implications to 

warrant the preparation of a Federalism 

Assessment. 

Regulatory Flexibility Act 

The Director of the Bureau of Prisons, 

under the Regulatory Flexibility Act (5 

U.S.C. 605(b)), reviewed this regulation 

and by approving it certifies that it will 

not have a significant economic impact 

upon a substantial number of small 

entities for the following reasons: This 

regulation pertains to the correctional 

management of offenders and 

immigration detainees committed to the 

custody of the Attorney General or the 

Director of the Bureau of Prisons, and its 

economic impact is limited to the 

Bureau’s appropriated funds. 

Unfunded Mandates Reform Act of 

1995 

This regulation will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This regulation is not a major rule as 

defined by § 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This regulation will not result in 

an annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 540 

Prisoners. 

For the aforementioned reasons, the 

interim rule published on April 23, 

2010 (75 FR 21163), is hereby finalized 

without change. 

Charles E. Samuels, Jr., 

Director, Bureau of Prisons. 

[FR Doc. 2012–7971 Filed 4–2–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

Bloodborne Pathogens Standard; 

Corrections and Technical Amendment 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Final rule; corrections and 

technical amendment. 

SUMMARY: OSHA is making a technical 

amendment to its Bloodborne Pathogens 

Standard by moving the rule’s 

paragraph on sharps injury log 

requirements from paragraph (i), 

entitled ‘‘Dates,’’ to paragraph (h), 

entitled ‘‘Recordkeeping.’’ 

DATES: The effective date for the 

corrections and technical amendment to 

the standard is April 3, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Press inquiries: Frank Meilinger, 

Director, Office of Communications, 

OSHA, U.S. Department of Labor, Room 

N–3647, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone: (202) 

693–1999. 

General and technical information: 

Andrew Levinson, Director, OSHA 

Office of Biological Hazards, OSHA, 

Room N–3718, U.S. Department of 

Labor, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone: (202) 

693–1950. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 18, 2001, OSHA revised 

the Bloodborne Pathogens Standard (29 

CFR 1910.1030) to include requirements 

of the Needlestick Safety and Prevention 

Act, November 6, 2000 (Pub. L. 106– 

430). These revisions included adding a 

fifth subparagraph, entitled ‘‘Sharps 

injury log,’’ to paragraph (h) of 

§ 1910.1030 (66 FR 5325). However, in 

the July 1, 2001, publication of the CFR, 

subparagraph (5) was under paragraph 

(i) (‘‘Dates’’). These corrections and 

technical amendment relocate 

subparagraph (5) under paragraph (h) 

(‘‘Recordkeeping’’). 

List of Subjects in 29 CFR Part 1910 

Hazardous substances, Occupational 

safety and health, Reporting and 

recordkeeping requirements. 

III. Authority and Signature 

David Michaels, MPH, Ph.D., 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210, 


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19934 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

authorized the preparation of this 

document. Accordingly, pursuant to 

Section 6 of the Occupational Safety 

and Health Act of 1970 (29 U.S.C. 655), 

Section 4 of the Administrative 

Procedures Act (5 U.S.C. 553), Secretary 

of Labor’s Order No. 1–2012 (77 FR 

3912), and 29 CFR 1911.5. 

Signed at Washington, DC, on March 27, 

2012. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Accordingly, revise 29 CFR part 1910 

by making the following correcting 

amendments: 

PART 1910—OCCUPATIONAL SAFETY 

AND HEALTH STANDARDS 

■ 1. The authority citation for part 1910. 

1030 Subpart Z is revised to read as 

follows: 

Authority: 29 U.S.C. 653, 655, and 657; 

Secretary of Labor’s Order No. 12–71 (36 FR 

8754), 8–76 (41 FR 25059), 9–83 (48 FR 

35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 

3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 

5–2007 (72 FR 31160), 4–2010 (75 FR 55355), 

or 1–2012 (77 FR 3912), as applicable, and 

29 CFR 1911. 

All of subpart Z issued under section 6(b) 

of the Occupational Safety and Health Act, 

except those substances that have exposure 

limits listed in Tables Z–1, Z–2, and Z–3 of 

29 CFR 1910.1000. The latter were issued 

under section 6(a) (29 U.S.C. 655(a)). 

Section 1910.1000, Tables Z–1, Z–2, and 

Z–3 also issued under 5 U.S.C. 553, Section 

1910.1000 Tables Z–1, Z–2, and Z–3, but not 

under 29 CFR 1911, except for the arsenic 

(organic compounds), benzene, cotton dust, 

and chromium (VI) listings. 

Section 1910.1001 also issued under 40 

U.S.C. 3704 and 5 U.S.C. 553. 

Section 1910.1002 also issued under 5 

U.S.C. 553, but not under 29 U.S.C. 655 or 

29 CFR 1911. 

Sections 1910.1018, 1910.1029, and 

1910.1200 also issued under 29 U.S.C. 653. 

Section 1910.1030 also issued under Pub. 

L. 106–430, 114 Stat. 1901. 

Section 1910.1201 also issued under 49 

U.S.C. 1801–1819 and 5 U.S.C. 533. 

■ 2. In § 1910.1030, add paragraph (h)(5) 

and revise paragraph (i) to read as 

follows: 

§ 1910.1030 Bloodborne pathogens. 

* * * * * 

(h) * * * 

(5) Sharps injury log. (i) The employer 

shall establish and maintain a sharps 

injury log for the recording of 

percutaneous injuries from 

contaminated sharps. The information 

in the sharps injury log shall be 

recorded and maintained in such 

manner as to protect the confidentiality 

of the injured employee. The sharps 

injury log shall contain, at a minimum: 

(A) The type and brand of device 

involved in the incident, 

(B) The department or work area 

where the exposure incident occurred, 

and 

(C) An explanation of how the 

incident occurred. 

(ii) The requirement to establish and 

maintain a sharps injury log shall apply 

to any employer who is required to 

maintain a log of occupational injuries 

and illnesses under 29 CFR part 1904. 

(iii) The sharps injury log shall be 

maintained for the period required by 

29 CFR 1904.33. 

(i) Dates—(1) Effective Date. The 

standard shall become effective on 

March 6, 1992. 

(2) The Exposure Control Plan 

required by paragraph (c) of this section 

shall be completed on or before May 5, 

1992. 

(3) Paragraphs (g)(2) Information and 

Training and (h) Recordkeeping of this 

section shall take effect on or before 

June 4, 1992. 

(4) Paragraphs (d)(2) Engineering and 

Work Practice Controls, (d)(3) Personal 

Protective Equipment, (d)(4) 

Housekeeping, (e) HIV and HBV 

Research Laboratories and Production 

Facilities, (f) Hepatitis B Vaccination 

and Post-Exposure Evaluation and 

Follow-up, and (g)(1) Labels and Signs 

of this section, shall take effect July 6, 

1992. 

* * * * * 

[FR Doc. 2012–7715 Filed 4–2–12; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0020] 

RIN 1625–AA08 

Special Local Regulations; Charleston 

Race Week, Charleston Harbor, 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations on 

the waters of Charleston Harbor in 

Charleston, South Carolina during 

Charleston Race Week, a series of 

sailboat races. The races are scheduled 

to take place on Friday, April 20, 2012, 

through Sunday, April 22, 2012. 

Approximately 170 sailboats are 

anticipated to participate in the races, 

and approximately 40 spectator vessels 

are expected to attend the event. These 

special local regulations are necessary to 

provide for the safety of life on 

navigable waters of the United States 

during the races. The special local 

regulations consist of three race areas. 

Except for those person and vessels 

participating in the sailboat races, 

persons and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the race areas 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

DATES: This rule is effective from 9 a.m. 

on April 20, 2012, through 4:30 p.m. on 

April 22, 2012. This rule will be 

enforced daily from 9 a.m. until 

4:30 p.m. on April 20, 2012, through 

April 22, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0020 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0020 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

final rule, call or email Ensign John 

Santorum, Sector Charleston Waterways 

Management Division, Coast Guard; 

telephone (843) 740–3184, email 

John.R.Santorum@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive necessary 

information about the event until 

February 11, 2012. As a result, the Coast 


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