9796 Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Proposed Rules 

facility in the following month. In that 

case, we consider your absence to be 

temporary through the date of discharge. 

* * * * * 

[FR Doc. 2023–02731 Filed 2–14–23; 8:45 am] 

BILLING CODE 4191–02–P 

NATIONAL LABOR RELATIONS 

BOARD 

29 CFR Part 103 

RIN 3142–AA22 

Representation—Case Procedures: 

Election Bars; Proof of Majority 

Support in Construction Industry 

Collective-Bargaining Relationships 

AGENCY: National Labor Relations 

Board. 

ACTION: Notice of proposed rulemaking; 

extension of responsive comment 

period. 

SUMMARY: The National Labor Relations 

Board (the Board) published a Notice of 

Proposed Rulemaking in the Federal 

Register on November 4, 2022, seeking 

comments from the public regarding its 

proposed rule concerning 

Representation—Case Procedures: 

Election Bars; Proof of Majority Support 

in Construction Industry CollectiveBargaining Relationships (‘‘NPRM’’). 

The deadline for initial comments was 

extended on December 1, 2022, to 

February 2, 2023, with responsive 

comments due on February 16, 2023. 

The date to submit responsive 

comments to the initial comments is 

being extended due to an administrative 

error that occurred within 

Regulations.gov that inadvertently 

allowed six comments to be filed on a 

closed NLRB rulemaking docket from 

2018. These comments have been 

moved to the correct NPRM docket. 

DATES: The responsive comment period 

for the proposed rule published 

November 4, 2022, at 87 FR 66890, 

extended December 1, 2022, at 87 FR 

73705, is further extended. Responsive 

comments to initial comments must be 

received by the Board on or before 

March 1, 2023. 

ADDRESSES: 

Internet—Federal eRulemaking Portal. 

Electronic comments may be submitted 

through http://www.regulations.gov. 

Follow the instructions for submitting 

comments. 

Delivery—Comments may be 

submitted by mail or hand delivery to: 

Roxanne L. Rothschild, Executive 

Secretary, National Labor Relations 

Board, 1015 Half Street SE, Washington, 

DC 20570–0001. Because of security 

precautions, the Board continues to 

experience delays in U.S. mail delivery. 

You should take this into consideration 

when preparing to meet the deadline for 

submitting comments. The Board 

encourages electronic filing. It is not 

necessary to send comments if they 

have been filed electronically with 

regulations.gov. If you send comments, 

the Board recommends that you confirm 

receipt of your delivered comments by 

contacting (202) 273–1940 (this is not a 

toll-free number). Individuals with 

hearing impairments may call 1–866– 

315–6572 (TTY/TDD). 

FOR FURTHER INFORMATION CONTACT: 

Roxanne L. Rothschild, Executive 

Secretary, National Labor Relations 

Board, 1015 Half Street SE, Washington, 

DC 20570–0001, (202) 273–1940 (this is 

not a toll-free number), 1–866–315–6572 

(TTY/TDD). 

SUPPLEMENTARY INFORMATION: The Board 

sought comments from the public 

regarding its November 4, 2022, NPRM. 

Pursuant to an extension published on 

December 1, 2022, initial comments 

were due on February 2, 2023, and 

responsive comments were due on 

February 16, 2023. The Board is 

extending the responsive comment 

deadline due to an administrative error 

that occurred within Regulations.gov 

that inadvertently allowed six 

comments to be filed on a closed NLRB 

rulemaking docket from 2018. These 

comments have been moved to the 

correct NPRM docket. The new due date 

for submission of responsive comments 

is March 1, 2023. 

Only comments submitted through 

http://www.regulations.gov, hand 

delivered, or mailed will be accepted; ex 

parte communications received by the 

Board will be made part of the 

rulemaking record and will be treated as 

comments only insofar as appropriate. 

Comments will be available for public 

inspection at http://

www.regulations.gov and during normal 

business hours (8:30 a.m. to 5 p.m. EST) 

at the above address. 

The Board will post, as soon as 

practicable, all comments received on 

http://www.regulations.gov without 

making any changes to the comments, 

including any personal information 

provided. The website http://

www.regulations.gov is the Federal 

eRulemaking portal, and all comments 

posted there are available and accessible 

to the public. The Board requests that 

comments include full citations or 

internet links to any authority relied 

upon. The Board cautions commenters 

not to include personal information 

such as Social Security numbers, 

personal addresses, telephone numbers, 

and email addresses in their comments, 

as such submitted information will 

become viewable by the public via the 

http://www.regulations.gov website. It is 

the commenter’s responsibility to 

safeguard his or her information. 

Comments submitted through http://

www.regulations.gov will not include 

the commenter’s email address unless 

the commenter chooses to include that 

information as part of his or her 

comment. 

Dated: February 10, 2023. 

Roxanne L. Rothschild, 

Executive Secretary. 

[FR Doc. 2023–03215 Filed 2–14–23; 8:45 am] 

BILLING CODE 7545–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1952 

[Docket No. OSHA–2021–0012] 

RIN 1218–AD43 

Arizona State Plan for Occupational 

Safety and Health; Proposed 

Reconsideration and Revocation; 

Withdrawal 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Reconsideration of final 

approval of State Plan; withdrawal. 

SUMMARY: OSHA is withdrawing its 

proposed reconsideration of the Arizona 

State Plan’s final approval status. 

DATES: The proposed rule published on 

April 21, 2022, at 87 FR 23783, is 

withdrawn effective February 15, 2023. 

ADDRESSES: Docket: To read or 

download comments and materials 

submitted in response to OSHA’s 

revocation proposal, go to Docket No. 

OSHA–2021–0012 at 

www.regulations.gov. All comments and 

submissions are listed in the 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through that website. 

All comments and submissions are 

available for inspection and, where 

permissible, copying at the OSHA 

Docket Office, U.S. Department of 

Labor; telephone: (202) 693–2350 (TTY 

number: (877) 889–5627). Documents 

submitted to the docket by OSHA or 

stakeholders are assigned document 

identification numbers (Document ID) 

for easy identification and retrieval. The 

full Document ID is the docket number 

plus a unique four-digit code. For 


ddrumheller on DSK120RN23PROD with PROPOSALS
Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Proposed Rules 9797 

example, the full Document ID number 

for the comment submitted by the 

Industrial Commission of Arizona (ICA) 

and the Arizona Division of 

Occupational Safety and Health 

(ADOSH), which is discussed in more 

detail below, is Document ID OSHA– 

2021–0012–0228. OSHA will identify 

this comment, and other comments in 

the rulemaking, by the term ‘‘Document 

ID’’ followed by the comment’s unique 

four-digit code. 

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Francis Meilinger, 

OSHA Office of Communications, U.S. 

Department of Labor, Washington, DC 

20210; telephone (202) 693–1999; email: 

meilinger.francis2@dol.gov. 

For general and technical 

information: Douglas J. Kalinowski, 

Director, OSHA Directorate of 

Cooperative and State Programs, U.S. 

Department of Labor, Washington, DC 

20210; telephone: (202) 693–2200; 

email: kalinowski.doug@dol.gov. 

SUPPLEMENTARY INFORMATION: On April 

21, 2022, OSHA published a Federal 

Register notice proposing 

reconsideration and revocation of 

OSHA’s final approval of the Arizona 

State Plan for Occupational Safety and 

Health pursuant to 29 CFR 1902.32(f), 9 

CFR 1902.44(b), and 29 CFR 1902.47– 

.48 due to fundamental deficiencies in 

the Arizona State Plan (87 FR 23783) 

(revocation proposal). The concerns 

prompting the notice, discussed at 

length in OSHA’s revocation proposal, 

included Arizona’s failure to adopt 

adequate maximum penalty levels, 

occupational safety and health 

standards, National Emphasis Programs 

and, most recently, the COVID–19 

Healthcare Emergency Temporary 

Standard (ETS) (87 FR 23785–87). 

Consequently, OSHA proposed 

reconsideration and revocation of 

Arizona’s 18(e) final approval 

determination until OSHA received 

satisfactory assurances that these 

fundamental deficiencies had been 

addressed and that Arizona remains 

committed to implementing a program 

for employee safety and health 

protection that meets the requirements 

of section 18(c) of the OSH Act. 

Comments on OSHA’s revocation 

proposal were initially due on May 26, 

2022, and the notice tentatively 

scheduled an informal public hearing 

on the proposal to begin on August 16, 

2022. However, OSHA extended the 

comment period to July 5, 2022 (87 FR 

31442) in response to requests from the 

public. OSHA received 197 comments 

concerning the proposal during this 

initial comment period. 

On July 5, 2022, the ICA and its 

subagency, the Arizona Division of 

Occupational Safety and Health 

(ADOSH) submitted a comment on the 

revocation proposal to advise OSHA 

that Arizona had completed several 

measures to address the concerns that 

OSHA identified (see Document ID 

0228). 

In response to this comment, on 

August 15, 2022, OSHA published a 

Federal Register notice that reopened 

the comment period on the revocation 

proposal to allow stakeholders further 

opportunity to comment on the 

proposed revocation in light of 

Arizona’s efforts and postponed the 

informal public hearing (87 FR 50025). 

That extended comment period closed 

on October 14, 2022. OSHA received 28 

additional comments during this 

extended comment period. 

Arizona completed the following 

actions that address OSHA’s concerns: 

adopted three outstanding final rules 

(Standards Improvement Project PhaseIV (‘‘SIP–IV’’), Beryllium in 

Construction and Shipyards, and Cranes 

and Derricks in Construction: Railroad 

Roadway Work); adopted an increase to 

its minimum penalties for serious and 

non-serious violations to match OSHA 

minimum penalty levels; passed a state 

law to ensure that Arizona’s future 

maximum and minimum penalty levels 

will track OSHA’s annual penalty level 

adjustments; passed a state law to 

authorize adoption of an ETS when 

either the ICA or OSHA deems the grave 

danger criteria met; and adopted the 

recordkeeping and COVID–19 log 

requirements in OSHA’s COVID–19 

Healthcare ETS as a permanent 

standard. 

Additionally, in their comment on the 

revocation proposal, the ICA and 

ADOSH clarified that Arizona had 

adopted two National Emphasis 

Programs (NEPs) that OSHA had 

identified as not yet adopted by the 

State Plan, the NEP on Amputations in 

Manufacturing Industries, CPL 03–00– 

022 (adoption due June 10, 2020), and 

the NEP on Respirable Crystalline 

Silica, CPL 03–00–023 (adoption due 

August 4, 2020), and responded to 

OSHA’s concerns regarding Arizona’s 

failure to provide OSHA with the 

required documentation of adoption of 

the National Emphasis Program on 

Trenching and Excavation, as required 

by statute and regulations (Document ID 

0228). OSHA now has the required 

documentation of Arizona’s adoption of 

these measures. Finally, Arizona 

asserted that it had updated its State 

Plan Application (‘‘SPA’’) portal entries 

to accurately reflect adoption dates for 

NEPs and final rules (Document ID 

0228). 

Based on the foregoing, OSHA is 

withdrawing its proposal to reconsider 

the Arizona State Plan’s final approval 

status. 

Authority and Signature 

Douglas L. Parker, Assistant Secretary 

of Labor for Occupational Safety and 

Health, U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20001 authorized the preparation of 

this notice. OSHA is issuing this notice 

under the authority specified by Section 

18 of the Occupational Safety and 

Health Act of 1970 (29 U.S.C. 667), 

Secretary of Labor’s Order No. 8–2020 

(85 FR 58393 (Sept. 18, 2020)), and 29 

CFR parts 1902, 1952, 1953, 1954, and 

1955. 

Signed at Washington, DC. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2023–03183 Filed 2–14–23; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Part 550 

[Docket No.: BOEM–2023–0012] 

RIN 1010–AE11 

Protection of Marine Archaeological 

Resources 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Notice of proposed rulemaking 

and request for comment. 

SUMMARY: BOEM proposes to require 

lessees and operators to submit an 

archaeological report with any oil and 

gas exploration or development plan 

they submit to BOEM for approval of 

activities proposed on the Outer 

Continental Shelf (OCS). An 

archaeological report is currently 

required only if the plan covers an area 

that a BOEM Regional Director has 

reason to believe may contain an 

archaeological resource. This proposed 

rule would increase the likelihood that 

archaeological resources are located and 

identified before they are inadvertently 

damaged by an OCS operator, thereby 

assuring compliance with section 106 of 

the National Historic Preservation Act 

(NHPA). This proposed rule would 

define the minimum level of survey 

information necessary to support the 

conclusions in the archaeological report, 

the procedure for reporting possible 


ddrumheller on DSK120RN23PROD with PROPOSALS