Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6177 

Administrative Procedure Act (APA), 5 

U.S.C. 553, do not apply to this 

extension of the temporary scheduling 

action. In the alternative, even assuming 

that this action might be subject to 

section 553 of the APA, the 

Administrator finds that there is good 

cause to forgo the notice and comment 

requirements of section 553, as any 

further delays in the process for 

extending the temporary scheduling 

order would be impracticable and 

contrary to the public interest in view 

of the manifest urgency to avoid an 

imminent hazard to the public safety. 

Further, the DEA believes that this final 

order extending the temporary 

scheduling action is not a ‘‘rule’’ as 

defined by 5 U.S.C. 601(2), and, 

accordingly, is not subject to the 

requirements of the Regulatory 

Flexibility Act (RFA). The requirements 

for the preparation of an initial 

regulatory flexibility analysis in 5 U.S.C. 

603(a) are not applicable where, as here, 

the DEA is not required by section 553 

of the APA or any other law to publish 

a general notice of proposed 

rulemaking. 

Additionally, this action is not a 

significant regulatory action as defined 

by Executive Order 12866 (Regulatory 

Planning and Review), section 3(f), and, 

accordingly, this action has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This action will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132 

(Federalism) it is determined that this 

action does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

As noted above, this action is an 

order, not a rule. Accordingly, the 

Congressional Review Act (CRA) is 

inapplicable, as it applies only to rules. 

5 U.S.C. 808(2). It is in the public 

interest to maintain the temporary 

placement of PB-22, 5F-PB-22, ABFUBINACA and ADB-PINACA in 

schedule I because they pose a public 

health risk. The temporary scheduling 

action was taken pursuant to 21 U.S.C. 

811(h), which is specifically designed to 

enable the DEA to act in an expeditious 

manner to avoid an imminent hazard to 

the public safety. Under 21 U.S.C. 

811(h), temporary scheduling orders are 

not subject to notice and comment 

rulemaking procedures. The DEA 

understands that the CSA frames 

temporary scheduling actions as orders 

rather than rules to ensure that the 

process moves swiftly, and this 

extension of the temporary scheduling 

order continues to serve that purpose. 

For the same reasons that underlie 21 

U.S.C. 811(h), that is, the need to place 

these substances in schedule I because 

they pose an imminent hazard to public 

safety, it would be contrary to the public 

interest to delay implementation of this 

extension of the temporary scheduling 

order. Therefore, in accordance with 

section 808(2) of the CRA, this final 

order extending the temporary 

scheduling order shall take effect 

immediately upon its publication. The 

DEA has submitted a copy of this final 

order to both Houses of Congress and to 

the Comptroller General, although such 

filing is not required under the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Congressional 

Review Act), 5 U.S.C. 801–808 because, 

as noted above, this action is an order, 

not a rule. 

Dated: February 2, 2016. 

Chuck Rosenberg, 

Acting Administrator. 

[FR Doc. 2016–02308 Filed 2–4–16; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1952 

[Docket No. OSHA–2015–0003] 

RIN 1218–AC97 

Maine State Plan for State and Local 

Government Employers 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Department of 

Labor. 

ACTION: Final rule. 

SUMMARY: This document announces the 

publication of the regulatory provisions 

which formalize the initial approval of 

the Maine State and Local Government 

Only State Plan. 

DATES: Effective February 5, 2016. Initial 

approval of the Maine State Plan was 

granted on August 5, 2015. 

FOR FURTHER INFORMATION CONTACT:

For press inquiries: Contact Francis 

Meilinger, Office of Communications, 

Room N–3647, OSHA, U.S. Department 

of Labor, 200 Constitution Avenue NW., 

Washington, DC 20210; 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, 

Room N–3700, U.S. Department of 

Labor, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone (202) 

693–2200; email: kalinowski.doug@

dol.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On May 20, 2015, OSHA published a 

notice in the Federal Register (80 FR 

28890) concerning the submission of the 

Maine State and Local Government 

Only State Plan, announcing that initial 

Federal approval of the Plan was at 

issue, and offering interested parties an 

opportunity to review the Plan and 

submit data, views, arguments or 

requests for a hearing concerning the 

Plan. No comments were received. 

OSHA, after carefully reviewing the 

Maine State Plan for the development 

and enforcement of state standards 

applicable to state and local government 

employers and the record developed 

during the above described proceedings, 

determined that the requirements and 

criteria for initial approval of a 

developmental State Plan were met. The 

Plan was approved as a developmental 

State Plan for State and Local 

Government Only under Section 18 of 

the OSH Act on August 5, 2015. (80 FR 

46487). 

B. Notice of Publication of the 

Regulatory Description of the Maine 

State Plan 

In light of the reorganization of the 

State Plan regulations through the 

streamlining of 29 CFR part 1952 and 29 

CFR part 1956, OSHA deferred any 

change to those regulatory provisions 

relating to the Maine State Plan until the 

streamlining changes took effect. (80 FR 

46487, 46492). These streamlining 

changes took effect October 19, 2015. 

(80 FR 49897, Aug. 18, 2015). Therefore 

OSHA is now amending 29 CFR part 

1952 to incorporate the description of 

the Maine State Plan. 

C. Regulatory Flexibility Act 

OSHA certifies pursuant to the 

Regulatory Flexibility Act of 1980 (5 

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

approval of the Maine 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, 

Title 26, Labor and Industry, of the 

Maine Revised Statutes was enacted in 

1971. This legislation established the 

Board, whose purpose is to formulate 

rules that shall, at a minimum, conform 

with Federal standards of occupational 


Lhorne on DSK5TPTVN1PROD with RULES
6178 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 

safety and health, so the state program 

could eventually be approved as a State 

and Local Government Only State Plan. 

Since 1971 the Maine program for 

public employers has been in operation 

under the Maine Department of Labor 

with state funding and all state and 

local government employers in the state 

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. 

D. Federalism 

Executive Order 13132, ‘‘Federalism,’’ 

emphasizes consultation between 

Federal agencies and the states and 

establishes specific review procedures 

the Federal Government must follow as 

it carries out policies that affect state or 

local governments. OSHA has consulted 

extensively with Maine throughout the 

development, submission and 

consideration of its 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 OSH Act, 

which have no effect outside the 

particular state receiving the approval, 

OSHA has reviewed this final rule, and 

believes it is consistent with the 

principles and criteria set forth in the 

Executive Order. 

E. Administrative Procedures 

This Federal Register document is 

designated a ‘‘final rule.’’ That 

designation is necessary because OSHA 

publishes a description of every state 

plan in 29 CFR part 1952. Because they 

are set forth in the Code of Federal 

Regulations, these descriptions can be 

added or updated only by publishing a 

‘‘final rule’’ document in the final rules 

section of the Federal Register. Such 

rules do not contain any new Federal 

regulatory requirements, but merely 

provide public information about the 

state plan. 

Today’s action is solely a 

formalization of the initial approval of 

the Maine State Plan, which was 

granted on August 5, 2015 (80 FR 

46487). 

List of Subjects in 29 CFR Part 1952 

Intergovernmental relations, Law 

enforcement, Occupational safety and 

health. 

Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC, 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. 1–2012 (77 FR 3912), 

and 29 CFR parts 1902 and 1956. 

Signed in Washington, DC, on January 29, 

2016. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Amendments to Regulation 

For the reasons set forth in the 

preamble of this final rule, 29 CFR part 

1952 is 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. 1–2012 (77 FR 3912, Jan. 25, 2012). 

Subpart B—List of Approved State 

Plans for State and Local Government 

Employees 

■ 2. Add § 1952.28 to read as follows: 

§ 1952.28 Maine. 

(a) The Maine State Plan for State and 

local government employees received 

initial approval from the Assistant 

Secretary on August 5, 2015. 

(b) The Plan further provides 

assurances of a fully trained, adequate 

staff within three years of plan approval, 

including 2 safety and 1 health 

compliance officers for enforcement 

inspections, and 3 safety and 1 health 

consultants to perform consultation 

services in the public sector. The State 

has assured that it will continue to 

provide a sufficient number of 

adequately trained and qualified 

personnel necessary for the enforcement 

of standards as required by 29 CFR 

1956.10. The State has also given 

satisfactory assurance of adequate 

funding to support the Plan. 

(c) The plan only covers State and 

local government employers and 

employees within the State. For 

additional details about the plan, please 

visit https://www.osha.gov/dcsp/osp/

stateprogs/maine.html. 

[FR Doc. 2016–02069 Filed 2–4–16; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0046] 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, South 

Branch of the Elizabeth River, 

Portsmouth-Chesapeake, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Norfolk and 

Western railroad bridge (Norfolk 

Southern V6.8 Bridge) across the South 

Branch of the Elizabeth River, mile 3.6, 

at Portsmouth-Chesapeake, VA. The 

deviation is necessary to perform bridge 

maintenance and repairs. This deviation 

allows the bridge to remain in the 

closed-to-navigation position. 

DATES: This deviation is effective from 

7 a.m. on February 5, 2016 to 7 p.m. on 

February 7, 2016. 

ADDRESSES: The docket for this 

deviation [USCG–2016–0046] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Hal R. Pitts, 

Bridge Administration Branch Fifth 

District, Coast Guard, telephone 757– 

398–6222, email Hal.R.Pitts@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Norfolk Southern Corporation, that 

owns and operates the Norfolk and 

Western railroad bridge (Norfolk 

Southern V6.8 Bridge), has requested a 

temporary deviation from the current 

operating regulations to install new 

festoon systems between the bridge 

towers. The bridge is a vertical lift draw 

bridge and has a vertical clearance in 

the closed position of 10 feet above 

mean high water. 

The current operating schedule is set 

out in 33 CFR 117.997(b). Under this 

temporary deviation, the bridge will 

remain in the closed-to-navigation 

position from 7 a.m. to 7 p.m. from 

February 5, 2016 through February 7, 

2016. During this temporary deviation, 

the bridge will operate per 33 CFR 

117.997(b) from 7 p.m. to 7 a.m. 

The South Branch of the Elizabeth 

River is used by a variety of vessels 

including deep draft ocean-going 


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