67672 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules

When staff identify an inmate as being

at risk for suicide, staff will place the

inmate on suicide watch. Based upon

clinical findings, staff will either

terminate the suicide watch when the

inmate is no longer at imminent risk for

suicide or arrange for the inmate’s

transfer to a medical referral center or

contract health care facility.

§ 552.41 Program procedures.

(a) Program Coordinator. Each

institution must have a Program

Coordinator for the institution’s suicide

prevention program.

(b) Training. The Program Coordinator

is responsible for ensuring that

appropriate training is available to staff

and to inmates selected as inmate

observers.

(c) Identification of at-risk inmates.

(1) Medical staff are to screen a newly

admitted inmate for signs that the

inmate is at risk for suicide. Ordinarily,

this screening is to take place within

twenty-four hours of the inmate’s

admission to the institution.

(2) Staff (whether medical or nonmedical) may make an identification at

any time based upon the inmate’s

observed behavior.

(d) Referral. Staff who identify an

inmate to be at risk for suicide will have

the inmate placed on suicide watch.

(e) Assessment. A psychologist will

clinically assess each inmate placed on

suicide watch.

(f) Intervention. Upon completion of

the clinical assessment, the Program

Coordinator or designee will determine

the appropriate intervention that best

meets the needs of the inmate.

§ 552.42 Suicide watch conditions.

(a) Housing. Each institution must

have one or more rooms designated

specifically for housing an inmate on

suicide watch. The designated room

must allow staff to maintain adequate

control of the inmate without

compromising the ability to observe and

protect the inmate.

(b) Observation. (1) Staff or trained

inmate observers operating in scheduled

shifts are responsible for keeping the

inmate under constant observation.

(2) Only the Warden may authorize

the use of inmate observers.

(3) Inmate observers are considered to

be on an institution work assignment

when they are on their scheduled shift.

(c) Suicide watch log. Observers are to

document significant observed behavior

in a log book.

(d) Termination. Based upon clinical

findings, the Program Coordinator or

designee will:

(1) Remove the inmate from suicide

watch when the inmate is no longer at

imminent risk for suicide, or

(2) Arrange for the inmate’s transfer to

a medical referral center or contract

health care facility.

[FR Doc. 00–28905 Filed 11–9–00; 8:45 am]

BILLING CODE 4410–05–U

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1956

[Docket No. T–034]

RIN 1218–AB98

Notice of the Submission of the New

Jersey State Plan for Public

Employees Only; Proposal To Grant

Initial State Plan Approval; Request for

Public Comment and Opportunity To

Request Public Hearing

AGENCY: Occupational Safety and Health

Administration, Department of Labor

(OSHA).

ACTION: Proposed rule: Initial State Plan

approval; request for written comments;

notice of opportunity to request

informal public hearing.

SUMMARY: This document gives notice of

the submission by the New Jersey

Department of Labor of a State

occupational safety and health plan,

applicable only to public sector

employment (employees of the State

and its political subdivisions), for

determination of initial approval under

section 18 of the Occupational Safety

and Health Act of 1970 (the ‘‘Act’’).

OSHA is seeking written public

comment on whether or not initial State

plan approval should be granted and

offers an opportunity to interested

persons to request an informal public

hearing on the question of initial State

plan approval.

Approval of the New Jersey Public

Employee Only State plan will be

contingent upon a determination that

the plan meets OSHA’s plan approval

criteria and the availability of funding

as contained in the Department of

Labor’s Fiscal Year 2001 budget, which

is currently pending final Congressional

and Executive action.

DATES: Written comments or requests for

a hearing must be received by December

13, 2000.

ADDRESSES: Written comments or

request for a hearing should be

submitted in duplicate, to the Docket

Officer, Docket T–034, U.S. Department

of Labor, Room N2625, 200 Constitution

Avenue, NW., Washington, DC 20210,

telephone (202) 693–2350. Comments

limited to 10 pages or fewer may also be

transmitted by FAX to: (202) 693–1648,

provided that the original and one copy

of the comments are sent to the Docket

Office immediately thereafter.

Electronic comments may be submitted

on the Internet at: http://

ecomments.osha.gov/.

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, NW., Washington, DC 20210;

telephone (202) 693–1999.

SUPPLEMENTARY INFORMATION:

A. Background

Section 18 of the Occupational Safety

and Health Act of 1970 (the ‘‘Act’’) 29

U.S.C. 667 provides that a State which

desires to assume responsibility for the

development and enforcement of

standards relating to any occupational

safety and health issue with respect to

which a Federal standard has been

promulgated may submit a State plan to

the Assistant Secretary of Labor for

Occupational Safety and Health

(‘‘Assistant Secretary’’) documenting in

detail the proposed program.

Regulations promulgated pursuant to

the Act at 29 CFR part 1956 provide that

a State may submit a State plan for the

development and enforcement of

occupational safety and health

standards applicable only to employees

of the State and its political

subdivisions (‘‘public employees’’).

Under these regulations the Assistant

Secretary will approve a State plan for

public employees if the plan provides

for the development and enforcement of

standards relating to hazards in

employment covered by the plan which

are or will be at least as effective in

providing safe and healthful

employment and places of employment

for public employees as standards

promulgated and enforced under section

6 of the Federal Act, giving due

consideration to differences between

public and private sector employment.

In making this determination the

Assistant Secretary will consider,

among other things, the criteria and

indices of effectiveness set forth in 29

CFR part 1956, Subpart B.

B. New Jersey State Plan History

In 1973, the New Jersey Department of

Labor and Industry obtained OSHA

approval of a State plan for the

enforcement of occupational safety and

health standards covering private sector

workplaces as well as a program for

Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules 67673

public employees in New Jersey. That

plan was approved by the Assistant

Secretary on January 22, 1973 (37 FR

2426); 29 CFR 1952.140 et seq.). That

plan was subsequently withdrawn by

the State of New Jersey effective June

30, 1975, after the State was unable to

gain enactment of the necessary State

OSHA legislation (40 FR 27655).

In 1984, the New Jersey State

Legislature passed the New Jersey

Public Employees Occupational Safety

and Health (PEOSH) Act, which was

signed into law by the Governor, and

which provided the basis for

establishing a comprehensive

occupational safety and health program

applicable to the public employees in

the State.

The State formally submitted for

Federal approval a plan applicable only

to public employees in February 1988.

OSHA’s review findings were detailed

in an October 1988 letter to then New

Jersey Labor Commissioner Charles

Serraino. OSHA determined that the

New Jersey statute, as structured, and

the proposed State plan presented

several obstacles to meeting Federal

State plan approval criteria.

A revised plan was submitted by the

State on February 19, 1992. On March

27, 1992, in a letter to former New

Jersey State Labor Commissioner

Raymond L. Bramucci, OSHA informed

the State of its latest findings,

identifying areas of the proposed plan

which needed to be addressed or

needed clarification. Amended enabling

legislation was signed into law by

Governor Christine Todd Whitman on

July 25, 1995, to conform the proposed

State plan to OSHA requirements. On

October 11, 1995, former New Jersey

State Labor Commissioner Peter J.

Calderone submitted a newly revised

PEOSH State plan which OSHA

determined was conceptually

approvable as a developmental State

plan, but which could not be approved

until Congress appropriated additional

Federal matching grant funds for a new

State plan under section 23(g) of the

OSHAct. On August 1, 2000, current

New Jersey Commissioner of Labor,

Mark B. Boyd, and Commissioner of

Health and Senior Services, Christine

Grant, submitted a further revised plan

document, with final amendments

submitted on September 1, 2000.

The Act provides for funding ‘‘up to

50%’’ of the State plan costs, but

longstanding language in OSHA’s

appropriation legislation further

provides that OSHA must fund ‘‘* * *

no less than 50% of the costs required

to be incurred’’ by an approved State

plan. The Department of Labor’s Fiscal

Year 2000 budget request included

additional section 23(g) grant funds to

allow approval of the New Jersey State

plan. However, the requested funds

were not included in OSHA’s final FY

2000 Congressional appropriation. The

Department of Labor’s Fiscal Year 2001

budget, which is pending final

Congressional and Executive action,

again requests funding to allow

approval of the New Jersey State plan.

After an opportunity for public

comment, and contingent upon the

availability of additional section 23(g)

grant funds, the Assistant Secretary of

Labor will approve the New Jersey State

plan if it is determined that the plan

meets the criteria set forth in the

Occupational Safety and Health Act of

1970 and applicable regulations at 29

CFR part 1956, Subpart B. The approval

of a State plan for public employees in

New Jersey is not a significant

regulatory action as defined in

Executive Order 12866.

C. Description of the New Jersey State

Plan

The plan designates the New Jersey

Department of Labor as the State agency

responsible for administering the plan

throughout the State. The plan includes

legislation, the Public Employees

Occupational Safety and Health Act (the

‘‘State Act,’’ N.J.S.A. 34:6A–25 et seq.),

passed by the New Jersey legislature in

1995. Under that legislation, the New

Jersey Commissioner of Labor has full

authority to adopt standards and enforce

and administer all laws and rules

protecting the safety and health of

employees of the State and its political

subdivisions. The State Commissioner

of Labor and the State Commissioner of

Health and Senior Services are both

responsible for conducting inspections

within their jurisdictional areas.

(Although health inspections will be

conducted by the New Jersey State

Department of Health and Senior

Services, all enforcement actions will be

initiated by the State Department of

Labor.) New Jersey has adopted State

standards identical to Federal

occupational safety and health

standards promulgated as of December

7, 1998, with differences only in its

hazard communication and fire

protection standards. The State plan

includes a commitment to bring those

standards into conformance with OSHA

requirements and to update all

standards within one year after plan

approval. The State plan also provides

that future OSHA standards and

revisions will be adopted by the State in

accordance with 29 CFR 1953.21. The

plan also includes provisions for the

granting to public employers of

permanent and temporary variances

from State standards in terms

substantially similar to the variance

provisions contained in the Federal Act.

The State provisions require employee

notification of variance applications as

well as employee rights to participate in

hearings held on variance applications.

Variances may not be granted unless it

is established that adequate protection

is afforded employees under the terms

of the variance. Section 6A–35 of the

State Act (N.J.S.A. 34) provides for

inspections of covered workplaces

including inspections in response to

employee complaints. If a determination

is made that an employee complaint

does not warrant an inspection, the

complainant will be notified, in writing,

of such determination and afforded an

opportunity to seek informal review of

the determination. Additionally, section

6A–35 of the State Act provides the

opportunity for employer and employee

representatives to accompany an

inspector during an inspection for the

purpose of aiding in the inspection.

The plan provides for notification to

employees of their protections and

obligations under the plan by such

means as a State poster, and required

posting of notices of violation. Section

6A–45 of the State Act provides for

protection of employees against

discharge or discrimination resulting

from exercise of their rights under the

State Act in terms essentially identical

to section 11(c) of the Federal Act.

lieu of first-instance monetary penalties,

the plan provides a scheme of

enforcement for compelling compliance

under which public employers are

issued notices of violations and orders

to comply, for any violation of standards

and orders. Such notices must allow a

reasonable abatement period. Public

employers, employees and other

affected parties may seek informal

review of the notice of violation with

the New Jersey Department of Labor,

including the reasonableness of the

abatement period, and/or may seek

formal administrative review with the

New Jersey Department of Labor’s

Occupational Safety and Health Review

Commission. Judicial review of the

decision of the Review Commission may

be sought at the Appellate Division of

the Superior Court. The PEOSH Act

further mandates a system of monetary

penalties as its primary enforcement

mechanism for failures to comply with

an Order of the Commissioner of Labor

and willful violations pursuant to

section 6A–41d. The prescribed penalty

amounts are up

67674 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules

to $7,000 per day for failure to abate

violations and up to $70,000 for willful

violations. Such penalties are also

subject to administrative review and

subsequent judicial appeal.

The plan also includes provisions for

right of entry for inspection, prohibition

of advance notice of inspection and

employers’ obligations to maintain

records and provide reports as required.

The plan further provides assurances of

a fully trained, adequate staff, including

20 safety and 7 health compliance

officers for enforcement inspections,

and 4 safety and 3 health consultants to

perform consultation services in the

public sector, and 2 safety and 3 health

training and education staff. 29 CFR

1956.10(g) requires that State plans for

public employees provide a sufficient

number of adequately trained and

qualified personnel necessary for the

enforcement of standards. The

compliance staffing requirements (or

benchmarks) for State plans covering

both the private and public sectors are

established based on the ‘‘fully

effective’’ test established in AFL–CIO v.

Marshall, 570 F.2d 1030 (D.C. Cir.,

1978). This staffing test, and the

complicated formula used to derive

benchmarks for complete private/public

sector plans, is not intended, nor is it

appropriate, for application to the

staffing needs of public employee only

plans. However, the State has given

satisfactory assurance in its plan that it

will meet the staffing requirements of 29

CFR 1956.10. The State has also given

satisfactory assurances of adequate State

matching funds to support the plan and

is requesting initial Federal funding of

$1,771,000.

Although the State Act sets forth the

general authority and scope for

implementing the New Jersey Public

Employees Occupational Safety and

Health (PEOSH) Plan, the plan is

developmental under the terms of 29

CFR 1956.2(b), in that specific rules and

regulations must still be adopted to

carry out the plan and make it fully

operative. The plan sets forth a

timetable for the accomplishment of

these and other developmental goals.

This timetable addresses such general

areas as the development or revision of

regulations governing enforcement,

consultation, and variances. Other

developmental aspects include hiring

and training of staff, obtaining

laboratory services, development of a

Field Operations Manual and other

implementing policies and procedures,

and adoption of various forms,

procedures, and instructions.

D. Location of the Plan for Inspection

and Copying

A copy of the plan may be inspected

and copied during normal business

hours at the following locations:

Docket Office, Docket T–034, U.S.

Department of Labor, Occupational

Safety and Health Administration,

200 Constitution Avenue, NW., Room

N–2625, Washington, DC 20210;

Office of the Regional Administrator,

U.S. Department of Labor,

Occupational Safety and Health

Administration, 201 Varick Street,

Room 670, New York, New York

10014;

New Jersey Department of Labor,

Division of Public Safety and

Occupational Safety and Health,

Office of Public Employees’ Safety,

P.O. Box 386, 225 East State Street,

8th Floor West, Trenton, New Jersey

08625–0386.

E. Request for Public Comment and

Opportunity To Request Hearing

Public comment on the New Jersey

Public Employees Occupational Safety

and Health (PEOSH) Plan is hereby

requested. Interested persons are invited

to submit written data, views, and

comments with respect to this proposed

initial State plan approval. These

comments must be received on or before

December 13, 2000 and submitted in

duplicate to the Docket Officer, Docket

No. T–034, U.S. Department of Labor,

Room N–2625, 200 Constitution Avenue

NW., Washington, DC 20210. Written

submissions must clearly identify the

issues which are addressed and the

positions taken with respect to each

issue. Comments limited to 10 pages or

fewer may also be transmitted by FAX

to: (202) 693–1648, provided that the

original and one copy of the comment

are sent to the Docket Office

immediately thereafter. Electronic

comments may be submitted on the

Internet at: http://ecomments.osha.gov/.

The State of New Jersey will be afforded

the opportunity to respond to each

submission. The New Jersey Department

of Labor must also publish appropriate

notice within the State of New Jersey

within 5 days of publication of this

notice, announcing OSHA’s proposal to

approve a New Jersey State Plan for

Public Employees Only, contingent on

the availability of appropriated funds,

and giving notice of the opportunity for

public comment.

Pursuant to 29 CFR 1902.39(f),

interested persons may request an

informal hearing concerning the

proposed initial State plan approval.

Such requests also must be received on

or before December 13, 2000 and should

be submitted in duplicate to the Docket

Officer, Docket T–034, at the address

noted above. Such requests must

present particularized written objections

to the proposed initial State plan

approval. The Assistant Secretary will

decide within 30 days of the last day for

filing written views or comments and

requests for a hearing whether the

objections raised are substantial and, if

so, will publish notice of the time and

place of the scheduled hearing.

The Assistant Secretary will, within a

reasonable time after the close of the

comment period or after the certification

of the record if a hearing is held,

publish his decision in the Federal

Register. All written and oral

submissions, as well as other

information gathered by OSHA, will be

considered in any action taken. The

record of this proceeding, including

written comments and requests for

hearing and all materials submitted in

response to this notice and at any

subsequent hearing, will be available for

inspection and copying in the Docket

Office, Room N–2625, at the previously

mentioned address, between the hours

of 8:15 a.m and 4:45 p.m.

F. Regulatory Flexibility Act

OSHA certifies pursuant to the

Regulatory Flexibility Act of 1980 (5

U.S.C. 601 et seq.) that the proposed

initial approval of the New Jersey State

Plan will not have a significant

economic impact on a substantial

number of small entities. By its own

terms, the plan will have no effect on

private sector employment, but is

limited to the State and its political

subdivisions. Moreover, the New Jersey

legislation has been in effect since 1984,

when the State first established a safety

and health program for State and local

government employees. Since that time,

the New Jersey program has been in

operation with State funding and most

public sector employers in the State,

including small units of local

government, have been subject to its

terms. Compliance with State OSHA

standards is required by State law;

Federal approval of a State plan imposes

regulatory requirements only on the

agency responsible for administering the

State plan. Accordingly, no new

obligations would be placed on public

sector employers as a result of Federal

approval of the plan.

G. Federalism

Executive Order 13132, ‘‘Federalism,’’

emphasizes consultation between

Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules 67675

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

consulted extensively with New Jersey

throughout the development,

submission and consideration of its

proposed State plan. Although OSHA

has determined that the requirements

and consultation procedures provided

in Executive Order 13132 are not

applicable to initial approval decisions

under the Act, which have no effect

outside the particular State receiving the

approval, OSHA has reviewed the New

Jersey initial approval decision

proposed today, and believes it is

consistent with the principles and

criteria set forth in the Executive Order.

H. Authority

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. 3–2000

(65 FR 50017).

Signed at Washington, DC this 6th day of

November 2000.

Charles N. Jeffress,

Assistant Secretary of Labor.

[FR Doc. 00–28998 Filed 11–9–00; 8:45 am]

BILLING CODE 4510–26–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[MI74–7282b; FRL–6896–4]

Approval and Promulgation of State

Implementation Plans; Michigan

AGENCY: Environmental Protection

Agency.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing to adjust the

applicability date for reinstating the 1-

hour ozone National Ambient Air

Quality Standard (NAAQS) in Genesee,

Bay, Midland, and Saginaw Counties,

Michigan and is proposing on a

determination that these areas have

attained the 1-hour ozone NAAQS. This

determination is based on 3 consecutive

years of complete, quality-assured,

ambient air monitoring data for the

1997–1999 ozone seasons that

demonstrate that the areas have attained

the ozone NAAQS. On the basis of this

determination, EPA is also proposing

that certain attainment demonstration

requirements, and certain related

requirements of part D of subchapter I

of the Clean Air Act (CAA), do not

apply to Genesee, Bay, Midland, and

Saginaw Counties.

EPA is also proposing to approve the

State of Michigan’s request to

redesignate Genesee, Bay, Midland, and

Saginaw Counties to attainment for the

1-hour ozone NAAQS. Michigan

submitted the redesignation request for

these areas on May 9, 2000. EPA is also

proposing to approve the State’s plan for

maintaining the 1-hour ozone standard

for the next 10 years as a revision to the

Michigan State Implementation Plan

(SIP).

In the final rules section of this

Federal Register, EPA is approving the

State’s request as a direct final rule

without prior proposal because EPA

views this action as noncontroversial

and anticipates no adverse comments. A

detailed rationale for approving and

disapproving portions of the State’s

request is set forth in the direct final

rule. The direct final rule will become

effective without further notice unless

the Agency receives relevant adverse

written comment on this proposed rule

within 30 days of this publication.

Should EPA receive adverse comment,

it will publish a document informing

the public that the direct final rule will

not take effect and that EPA will address

adverse comments in a subsequent final

rule based on this proposed rule. If EPA

does not receive adverse comments, the

direct final rule will take effect on the

date stated in that document and EPA

will not take further action on this

proposed rule. EPA does not plan to

institute a second comment period on

this action. Any parties interested in

commenting on this document should

do so at this time.

DATES: EPA must receive written

comments by December 13, 2000.

ADDRESSES: Send written comments to:

Carlton T. Nash, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), United States

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT: John

Mooney at (312) 886–6043.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the above

address. (Please telephone John Mooney

at (312) 886–6043 before visiting the

Region 5 Office.)

Authority: 42 U.S.C. 7401–7671 et seq.

Dated: October 26, 2000.

Francis X. Lyons,

Regional Administrator, Region 5.

[FR Doc. 00–28806 Filed 11–9–00; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 32, 43 and 64

[CC Docket No. 00–199; FCC 00–364]

2000 Biennial Regulatory Review—

Comprehensive Review of the

Accounting Requirements and ARMIS

Reporting Requirements for Incumbent

Local Exchange Carriers: Phase 2 and

Phase 3

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: In this document the

Commission is initiating Phase 2 and

Phase 3 of the 2000 Biennial Regulatory

Review—Comprehensive Accounting

and ARMIS review. This Notice of

Proposed Rulemaking (NPRM), will

examine long-term changes need as new

technologies impact the provision of

telecommunications services and as

local exchange markets become

competitive.

DATES: Interested parties may file

comments on the Phase 2 section of the

NPRM on or before December 21, 2000,

and reply comments on or before

January 30, 2001; Phase 3 comments

may be filed on or before January 30,

2001 and reply comments on or before

February 28, 2001. Written comments

must be submitted by the Office of

Management and Budget (OMB) on the

proposed and/or modified information

collections on or before January 12,

2001.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW, TW–

A325, Washington, DC 20554. In

addition to filing comments with the

Office of the Secretary, a copy of any

comments on the information

collections contained herein should be

submitted to Judy Boley, Federal

Communications Commission, Room 1–

C804, 445 12th Street, SW, Washington,

DC 20554, or via the Internet to

jboley@fcc.gov; and to Edward C.

Springer, OMB Desk Officer, 10236

NEOB, 725 17th Street, NW.,

Washington, DC 20503 or via the

Internet to

Edward.Springer@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT:

Mika Savir, Accounting Safeguards