Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Proposed Rules 50025 

CHAZR, DE WP (Lat. 39°29′28.14′′ N, long. 075°44′28.13′′ W) 

TEBEE, NJ FIX (Lat. 39°30′13.97′′ N, long. 075°19′37.19′′ W) 

JIIMS, NJ WP (Lat. 39°32′15.62′′ N, long. 074°58′01.72′′ W) 

BRIGS, NJ FIX (Lat. 39°31′24.72′′ N, long. 074°08′19.67′′ W) 

* * * * * * * 

T–335 ZJAAY, MD to Syracuse, NY (SYR) [New] 

ZJAAY, MD WP (Lat. 38°03′09.95′′ N, long. 075°26′34.27′′ W) 

TRPOD, MD WP (Lat. 38°20′17.30′′ N, long. 075°30′28.27′′ W) 

Smyrna, DE (ENO) VORTAC (Lat. 39°13′53.93′′ N, long. 075°30′57.49′′ W) 

BYEDN, OA WP (Lat. 39°40′41.60′′ N, long. 075°36′24.84′′ W) 

MARQI, PA WP (Lat. 39°55′22.30′′ N, long. 075°32′11.18′′ W) 

HOSKR, PA WP (Lat. 40°05′03.94′′ N, long. 075°32′56.13′′ W) 

LIMRK, PA WP (Lat. 40°13′19.44′′ N, long. 075°33′36.96′′ W) 

East Texas, PA (ETX) VOR/DME (Lat. 40°34′51.74′′ N, long. 075°41′02.51′′ W) 

WLKES, PA WP (Lat. 41°16′22.57′′ N, long. 075°41′21.60′′ W) 

Binghamton, NY (CFB) VOR/DME (Lat. 42°09′26.96′′ N, long. 076°08′11.30′′ W) 

CORTA, NY FIX (Lat. 42°40′25.65′′ N, long. 076°04′34.93′′ W) 

Syracuse, NY (SYR) VORTAC (Lat. 43°09′37.87′′ N, long. 076°12′16.41′′ W) 

* * * * * 

Issued in Washington, DC, on August 4, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–17206 Filed 8–12–22; 8:45 am] 

BILLING CODE 4910–13–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; 

Reopening of Comment Period; 

Postponement of Public Hearing 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notification of limited 

reopening of rulemaking record; 

notification of postponement of public 

hearing. 

SUMMARY: OSHA is reopening the 

comment period for an additional 60 

days to allow for additional public 

comment on specific topics. 

Additionally, OSHA is postponing the 

tentatively scheduled informal public 

hearing. Before making any decisions 

about future proceedings, OSHA will 

review all of the comments on the 

proposal, including any comments 

submitted during the reopening of the 

comment period. Thus, any further 

decisions about the scheduling of a 

hearing are in abeyance until that time. 

Announcements about any future 

hearing dates will be published by 

notice in the Federal Register. 

DATES: Written comments in response to 

OSHA’s reopening of the comment 

period must be submitted to Docket No. 

OSHA–2021–0012 by October 14, 2022. 

ADDRESSES: 

Written comments: You may submit 

comments and attachments 

electronically at www.regulations.gov, 

which is the Federal e-Rulemaking 

Portal. Follow the instructions on-line 

for making electronic submissions. 

Instructions: All submissions must 

include the agency name and docket 

number for this rulemaking (Docket No. 

OSHA–2021–0012). All submissions, 

including any personal information, are 

placed in the public docket without 

change and may be available online at 

www.regulations.gov. Therefore, OSHA 

cautions you about submitting certain 

personal information, such as social 

security numbers and birthdates. 

Docket: To read or download 

comments and materials submitted in 

response to this Federal Register notice, 

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 fourdigit code. For 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. 

Electronic copies of this Federal 

Register document are available at 

www.regulations.gov. This document, as 

well as news releases and other relevant 

information, is also available at OSHA’s 

website at www.osha.gov. 

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Contact Frank 

Meilinger, OSHA Office of 

Communications, U.S. Department of 

Labor; telephone (202) 693–1999; email 

meilinger.francis2@dol.gov. 

For general and technical 

information: Contact Douglas J. 

Kalinowski, Director, OSHA Directorate 

of Cooperative and State Programs, U.S. 

Department of Labor; telephone (202) 

693–2200; email: kalinowski.doug@

dol.gov. 

SUPPLEMENTARY INFORMATION: On April 

21, 2022, OSHA published a Notice of 

Proposed Reconsideration and 

Revocation of Final Approval of the 

Arizona State Plan for Occupational 

Safety and Health (Notice) (87 FR 

23783). Comments were initially due on 

May 26, 2022. In response to requests 

from the public, OSHA extended the 

comment period to July 5, 2022 (87 FR 

31442). OSHA received 197 comments 

concerning the proposal during the 

comment period. The April 21, 2022 

document tentatively scheduled an 

informal public hearing on the proposal 

to begin on August 16, 2022. 

I. Additional Information and Request 

for Comment 

On July 5, 2022, the last day of the 

comment period, the Industrial 

Commission of Arizona (ICA) and its 

sub-agency, the Arizona Division of 

Occupational Safety and Health 

(ADOSH), submitted a comment on the 

proposal (Document ID 0228). Therein, 

the ICA and ADOSH stated that Arizona 

has completed a number of measures to 

address the concerns OSHA identified 


khammond on DSKJM1Z7X2PROD with PROPOSALS
50026 Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Proposed Rules 

1OSHA’s records reflect that Arizona has now 

completed this process. Consequently, it has 

adopted all three of these final rules. 

2Arizona’s governor signed H.B. 2120 into law on 

July 6, 2022 (see https://apps.azleg.gov/BillStatus/ 

BillOverview/76526). 

3OSHA’s records reflect that Arizona sent 

documentation of the adoption of the NEP on 

Respirable Crystalline Silica on May 26, 2022, not 

April 20, 2022. 

in the proposal. Among other things, 

ICA and ADOSH stated that: 

• Arizona has updated all of its State 

Plan Application (‘‘SPA’’) portal entries 

to accurately reflect adoption dates for 

National Emphasis Programs (NEPs) and 

final rules. 

• Arizona is in the final stage of the 

rulemaking process to adopt the 

following final rules: Standards 

Improvement Project Phase-IV (‘‘SIP– 

IV’’); Beryllium in Construction and 

Shipyards; and Cranes and Derricks in 

Construction: Railroad Roadway Work.1

• The ICA adopted an increase to the 

minimum penalties for serious and nonserious violations to match OSHA 

minimums on October 21, 2021. 

• On June 23, 2022, the Arizona 

Legislature passed House Bill (‘‘HB’’) 

2120, amending A.R.S. § 23–418 to tie 

the statutory ADOSH maximum 

penalties (and minimum penalties for 

willful/repeat violations) to the 

corresponding OSHA maximum and 

minimum penalty levels, with annual 

adjustments for inflation.2

• HB 2120 also amended A.R.S. § 23– 

414 to authorize adoption of an 

Emergency Temporary Standard 

(‘‘ETS’’) when either the ICA OR OSHA 

deems the grave danger criteria met. 

• Arizona adopted the recordkeeping 

and COVID–19 log requirements in 

OSHA’s COVID–19 Healthcare ETS as a 

permanent standard on February 17, 

2022. 

(Document ID 0228, pp. 2–3). 

Additionally, ICA and ADOSH 

clarified that Arizona had adopted the 

two NEPs that OSHA had specifically 

identified as not yet adopted by the 

State Plan in the proposal, i.e., 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) 

(Document ID 0228, pp. 29–30). As to 

the NEP on Amputations in 

Manufacturing Industries, ICA and 

ADOSH stated that Arizona adopted the 

updated NEP on April 20, 2022 

(Document ID 0228, p. 30). And, as to 

the NEP on Respirable Crystalline 

Silica, ICA and ADOSH stated that 

Arizona did not send the NEP 

implementation documentation to 

OSHA until April 20, 2022, but actual 

adoption was accomplished in June 

2020 (Document ID 0228, p. 28). 

Further, ICA and ADOSH responded 

to OSHA’s concerns regarding Arizona’s 

failure to provide OSHA with the 

required documentation of adoption of 

certain measures, as required by statute 

and regulations. For example, although 

ICA and ADOSH do not appear to 

dispute that Arizona failed to timely 

provide OSHA with documentation of 

adoption of the NEP on Trenching and 

Excavation, they asserted that Arizona 

began conducting inspections under the 

NEP on Trenching and Excavation as 

early as May 7, 2019, indicating that the 

NEP had, in fact, been adopted and 

implemented shortly after the adoption 

deadline (Document ID 0228, pp. 29– 

30). OSHA has reviewed its records 

alongside ICA and ADOSH’s comment 

and finds that (with one minor 

exception) all of the ICA and ADOSH 

assertions described in this Notice are 

accurate.3

As noted above, ICA and ADOSH 

submitted their comment on the last day 

of the comment period. Moreover, as 

noted above, HB 2120, the bill that 

addressed issues related to maximum 

penalties and Arizona’s authority to 

adopt an ETS, was not signed into law 

until July 6, 2022, the day after the 

comment period closed. Because the 

information provided in the ICA and 

ADOSH comment suggests that Arizona 

has taken steps to address items that 

were fundamental to OSHA’s decision 

to propose revocation of Arizona’s final 

approval (87 FR 23785–87), OSHA is 

reopening the comment period on a 

limited basis to allow stakeholders to 

submit additional comments. 

Specifically, OSHA invites stakeholders 

to submit comments on the actions 

referenced in ICA and ADOSH’s July 5, 

2022, comment and any impact those 

actions should have on OSHA’s 

proposed revocation of the State Plan’s 

final approval. In particular, 

stakeholders who previously submitted 

comments should note in any new 

comments whether they wish to revise 

or withdraw any portion of their 

previously-submitted comments. 

Following the reopened comment 

period, OSHA will consider any 

supplemental comments received, in 

addition to comments already received, 

as it makes decisions regarding future 

proceedings and whether to finalize its 

proposal to revoke final approval of the 

Arizona State Plan. 

II. Postponement of Informal Hearing 

In its April 21, 2022, publication, 

OSHA explained that any interested 

person could request an informal 

hearing concerning the proposed 

revocation (87 FR at 23783). OSHA 

indicated it would hold such a hearing 

if the Assistant Secretary of Labor for 

Occupational Safety and Health 

(Assistant Secretary) found that 

substantial objections had been filed 

(Id.). To allow for this possibility, the 

agency tentatively scheduled an 

informal public hearing on the proposal, 

beginning August 16, 2022 (Id.). 

In light of the reopening of the 

comment period, OSHA is postponing 

the public hearing scheduled to begin 

on August 16. Before making any 

decisions about future proceedings, 

OSHA will review all of the comments 

on the proposal, including any 

comments submitted during the 

reopening of the comment period. Thus, 

any further decisions about the 

scheduling of a hearing are in abeyance 

until that time. Announcements about 

any future hearing dates will be 

published by notice in the Federal 

Register. 

III. Public Participation 

The Assistant Secretary’s decision 

whether to continue or revoke the 

Arizona State Plan’s final approval will 

be made after careful consideration of 

all relevant information presented in 

this rulemaking (29 CFR 1902.52(a)). To 

aid the Assistant Secretary in making 

this decision, OSHA is soliciting public 

participation in this process. Interested 

parties are encouraged to submit 

comments on the actions referenced in 

ICA’s July 5, 2022, comment and any 

impact those actions should have on 

OSHA’s proposed revocation of the 

State Plan’s final approval. 

Notice in the State of Arizona: 

Arizona is required to publish 

reasonable notice of the contents of this 

Federal Register notice within the State 

no later than 10 days following the date 

of publication of this notice (29 CFR 

1902.49(a)). 

Written comments: OSHA invites 

interested persons to submit written 

data, views, and comments with respect 

to the topics identified above. When 

submitting comments, persons must 

follow the procedures specified above in 

the sections titled DATES and ADDRESSES. 

Submissions must clearly identify the 

issues addressed and the positions 

taken. Stakeholders that previously 

submitted comments should note in any 

new comments whether they wish to 

revise or withdraw any portion of their 

previously submitted comments as the 

agency makes decisions regarding future 

proceedings and whether to finalize its 

proposal to revoke the Arizona State 

Plan’s final approval. Comments 

received by the end of the specified 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Proposed Rules 50027 

1United States Postal Service Application for a 

Waiver Under 39 CFR 3030.286, August 8, 2022 

(Application). The Postal Service’s Application is 

accompanied by a Statement in Support of Waiver 

Application (Supporting Statement). 

2See 39 CFR 3030.283. The relationship between 

workshare discounts and avoided costs is usually 

expressed as a percentage called a passthrough, 

which is calculated by dividing the discount by the 

avoided cost. Workshare discounts with 

passthroughs above 100 percent are considered 

excessive workshare discounts. 

3 Grounds for waiver for an excessive cost 

workshare discount relate to rate shock; the 

impediment of efficient postal operations; a loss of 

volume in the affected category of mail and a 

reduction in the aggregate contribution to the Postal 

Service’s institutional costs from the mail that is 

subject to the discount; and non-compensatory 

products. See 39 CFR 3030.286(c)(4) through (7). 

comment period will become part of the 

record and will be available for public 

inspection and, where permissible, 

copying at the OSHA Docket Office, as 

well as online at www.regulations.gov 

(Docket Number OSHA–2021–0012). 

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 authorized the preparation of this 

document 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. 2022–17507 Filed 8–11–22; 11:15 am] 

BILLING CODE 4510–26–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3030 

[Docket No. RM2022–12; Order No. 6244] 

Application for Waiver of Workshare 

Discount 

AGENCY: Postal Regulatory Commission. 

ACTION: Application for waiver; 

comment request. 

SUMMARY: The Commission is 

acknowledging a Postal Service 

application for waiver pursuant to 

Commission regulations as it relates to 

a workshare discount. This document 

informs the public of the filing, invites 

public comment, and takes other 

administrative steps. 

DATES: Comments are due: August 16, 

2022. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at https://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Background 

III. Application for Waiver 

IV. Notice and Comment 

V. Ordering Paragraphs 

I. Introduction 

On August 8, 2022, the Postal Service 

filed an application for waiver pursuant 

to 39 CFR 3030.286 requesting that the 

Commission waive the applicability of 

39 CFR 3030.283 for the workshare 

discount associated with USPS 

Marketing Mail Carrier Route Flats 

dropshipped at the Destination Delivery 

Unit (DDU) in the next rate adjustment 

filing.1

II. Background 

Pursuant to 39 CFR 3030.283, a 

workshare discount proposed by the 

Postal Service in any rate adjustment 

filing that exceeds the cost avoided 

must either be associated with a new 

postal service, a change to an existing 

postal service, or a new workshare 

initiative; be at least a 20 percent 

decrease from the existing workshare 

discount; or provided in connection 

with a subclass of mail, consisting 

exclusively of mail matter of 

educational, cultural, scientific, or 

informational value (39 U.S.C. 

3622(e)(2)(C)) and is in compliance with 

39 CFR 3030.285(c).2

If the proposed workshare discount 

does not comply with the limitations of 

39 CFR 3030.283, the Postal Service 

must file an application for waiver 

pursuant to 39 CFR 3030.286. See 39 

CFR 3030.283(d); 39 CFR 3030.286. The 

Postal Service’s waiver application must 

be supported by a preponderance of the 

evidence and demonstrate that a waiver 

from the limitations imposed by 39 CFR 

3030.283 should be granted. See 39 CFR 

3030.286(b). The Postal Service must 

include the grounds for a waiver, 

including all relevant supporting 

analysis; the length of time the waiver 

will be necessary; for each subsequent 

rate adjustment filing planned to occur 

during the length of time for which a 

waiver is sought, a representation of the 

proposed minimum amount of the 

change to the workshare discount; and 

any other relevant information. See also 

39 CFR 3030.286(c)(1) through (3) and 

(8). Grounds for waiver for an excessive 

workshare discount and the required 

accompanying information are set forth 

in 39 CFR 3030.286(c)(4) through (7).3

III. Application for Waiver 

The Postal Service requests a waiver 

of 39 CFR 3030.283 for the workshare 

discount associated with USPS 

Marketing Mail Carrier Route Flats 

dropshipped at the DDU in the next rate 

adjustment proceeding to be filed no 

sooner than October 7, 2022. 

Application at 1. The Postal Service 

states that the methodology used in 

calculating passthroughs for USPS 

Marketing Mail flat-shaped pieces 

results in volatile passthrough 

percentages, making compliance with 

39 CFR 3030.283 difficult. Application, 

Supporting Statement at 3. It further 

states that, to overcome this volatility 

and comply with 39 CFR 3030.283, 

would require irrational pricing. Id. at 

6–7. The Postal Service illustrates this 

issue in a worksheet that accompanies 

the Supporting Statement. Id. at 7; see 

also Excel file ‘‘RM2022–12 

Waiver.xlsx.’’ 

The Postal Service maintains that its 

waiver request should be granted for 

three reasons. First, the Postal Service 

intends to ‘‘seek approval of prices that 

will minimize non-compliance and its 

consequences’’ and would be limited to 

the passthrough for USPS Marketing 

Mail Carrier Route Flats pieces 

dropshipped at the DDU. Application, 

Supporting Statement at 8. Furthermore, 

it states that, because the volume of 

these pieces is relatively low, ‘‘the cost 

of [ ] non-compliance is only 

approximately, $200,000. . .and that 

amount will inure to the benefit of the 

mailers in any event.’’ Id. Second, the 

Postal Service maintains that 

compliance with 39 CFR 3030.283 

would require irrational pricing due to 

‘‘happenstance,’’ and not ‘‘the result of 

any failure of effort, planning, or 

implementation by the Postal Service.’’ 

Id. at 8–9. Finally, the Postal Service 

believes additional waivers of this 

nature for USPS Marketing Mail Flats 

will not be necessary beyond the next 

rate adjustment proceeding. Id. at 9. 

This is because the Postal Service is 

‘‘investigating structural changes in 

[the] pricing of flat- and parcel-shaped 

pieces leading to a simplified 

methodology in the calculation of 

passthroughs.’’ Id. 


khammond on DSKJM1Z7X2PROD with PROPOSALS