Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Proposed Rules 33189 

1Provide specific equipment information 

including, for each basic model, the product class, 

the manufacturer’s model number(s), and the other 

information required in 431.371(a)(6)(i). 

2Provide manufacturer’s model number(s). 

Telephone Number: lllllllllll

Facsimile Number: llllllllllll

For Existing, New, or Modified Models: 1

For Discontinued Models: 2

Submit by Certified Mail to: U.S. 

Department of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585–0121. 

Appendix C to Subpart T of Part 431— 

Enforcement for Performance Standards; 

Compliance Determination Procedure for 

Certain Commercial Equipment 

The Department will determine 

compliance as follows: 

(a) After it has determined the sample size, 

the Department will measure the energy 

performance for each unit in accordance with 

the following table: 

Sample size Number of tests for 

each unit 

4 1 

3 1 

2 2 

1 4 

(b) Compute the mean of the measured 

energy performance (x1) for all tests as 

follows: 

x n xi

i

n

1

1 1

1 1 = 1 ⎧

⎨

⎩

⎫

⎬ = ⎭ ∑ [ ]

Where xi is the measured energy efficiency 

or consumption from test i, and n1 is the total 

number of tests. 

(c) Compute the standard deviation (S1) of 

the measured energy performance from the n1

tests as follows: 

S

x x

n

i

i

n

1

1

2

1

1

1 1 = 2

( ) −

−

=

∑

[ ]

(d) Compute the standard error (Sx1) of the 

measured energy performance from the n1

tests as follows: 

S S

n x1

1

1

= [ ] 3

(e)(1) For an energy efficiency standard, 

compute the lower control limit (LCL1) 

according to: 

LCL EPS ts a 1 x1 = − [ ] 4

or 

LCL1 = 97 5. EPS [4b]

(whichever is greater) 

(2) For an energy use standard, compute 

the upper control limit (UCL1) according to: 

UCL EPS ts a 1 x1 = + [ ] 5

or 

UCL1 = 1 025 . EPS [5b]

(whichever is less) 

Where EPS is the energy performance 

standard, and t is a statistic based on a 99 

percent, one-sided confidence limit and a 

sample size of n1. 

(f)(1) Compare the sample mean to the 

control limit. The basic model is in 

compliance and testing is at an end if, for an 

energy efficiency standard, the sample mean 

is equal to or greater than the lower control 

limit or, for an energy consumption standard, 

the sample mean is equal to or less than the 

upper control limit. If, for an energy 

efficiency standard, the sample mean is less 

than the lower control limit or, for an energy 

consumption standard, the sample mean is 

greater than the upper control limit, 

compliance has not been demonstrated. 

Unless the manufacturer requests 

manufacturer-option testing and provides the 

additional units for such testing, the basic 

model is in noncompliance and the testing is 

at an end. 

(2) If the manufacturer does request 

additional testing, and provides the 

necessary additional units, DOE will test 

each unit the same number of times it tested 

previous units. DOE will then compute a 

combined sample mean, standard deviation, 

and standard error as described above. (The 

‘‘combined sample’’ refers to the units DOE 

initially tested plus the additional units DOE 

has tested at the manufacturer’s request.) 

DOE will determine compliance or 

noncompliance from the mean and the new 

lower or upper control limit of the combined 

sample. If, for an energy efficiency standard, 

the combined sample mean is equal to or 

greater than the new lower control limit or, 

for an energy consumption standard, the 

sample mean is equal to or less than the 

upper control limit, the basic model is in 

compliance, and testing is at an end. If the 

combined sample mean does not satisfy one 

of these two conditions, the basic model is 

in noncompliance. 

[FR Doc. E9–15881 Filed 7–9–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1956 

[Docket No. OSHA–2009–0010] 

RIN 1218–AC44 

Illinois State Plan for Public 

Employees Only; Notice of 

Submission; 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; request for 

written comments; notice of opportunity 

to request informal public hearing. 

SUMMARY: This document gives notice of 

the submission by the Illinois 

Department of Labor of a developmental 

State Plan for occupational safety and 

health, 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 Illinois Public 

Employee Only State Plan will be 

contingent upon a determination that 

the Plan meets, or will meet within 

three years, OSHA’s Plan approval 

criteria and the availability of funding 

as contained in the Department of 

Labor’s Fiscal Year 2009 budget. 

DATES: Written comments and requests 

for a hearing must be submitted 

(postmarked, sent or received) by 

August 10, 2009. 

ADDRESSES: You may submit comments 

and requests for a hearing, identified by 

Docket No. OSHA–2009–0010, by any of 

the following methods: 

Electronically: Comments and 

attachments and requests for a hearing 

may be submitted electronically at 

http://www.regulations.gov, which is 

the Federal eRulemaking Portal. Follow 

the instructions for submitting 

comments. 

Facsimile: If your comments, 

including attachments, and requests for 

a hearing do not exceed 10 pages, you 

may fax them to the OSHA Docket 


EP10JY09.000</MATH> EP10JY09.001</MATH> EP10JY09.002</MATH> EP10JY09.003</MATH> EP10JY09.004</MATH> EP10JY09.005</MATH> EP10JY09.006</MATH>erowe on DSK5CLS3C1PROD with PROPOSALS-1
33190 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Proposed Rules 

Office at 202–693–1648. Hard copies of 

these documents are not required. 

Regular mail, hand delivery, express 

mail, messenger or courier service: 

Submit three copies of your comments 

and attachments, as well as hearing 

requests, to the OSHA Docket Office, 

Docket No. OSHA–2009–0010, 

Technical Data Center, Room N–2625, 

OSHA, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; Telephone 202–693–2350 

(TTY number 877–889–5627). Note that 

security-related problems may result in 

significant delays in receiving 

submissions by regular mail. Please 

contact the OSHA Docket Office for 

information about security procedures 

concerning delivery of materials by 

express delivery, hand delivery, or 

courier service. The OSHA Docket 

Office and Department of Labor hours of 

operation are 8:15 a.m. to 4:45 p.m., ET. 

Instructions: All submissions must 

include the Agency name and the OSHA 

docket number (OSHA–2009–0010). All 

submissions, including any personal 

information, are placed in the public 

docket without revision, and will be 

available online at http:// 

www.regulations.gov. Therefore, OSHA 

cautions members of the public against 

submitting information and statements 

that should remain private, including 

comments that contain personal 

information, such as Social Security 

numbers, birth dates, and medical data. 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or to the OSHA Docket Office at the 

address above. Documents in the docket 

are listed in the http:// 

www.regulations.gov index. However, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Contact the OSHA Docket Office for 

assistance in locating docket 

submissions, including notices of 

intention to appear, the text of 

testimony, and documentary evidence. 

Copies of this Federal Register notice: 

Electronic copies of this notice as well 

as copies of the proposed Illinois State 

Plan for Public Employees Only are 

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

Electronic copies of this notice, as well 

as news releases and other relevant 

information, are available on OSHA’s 

Web page at http://www.osha.gov. 

Copies of the proposed Illinois State 

Plan for Public Employees Only are also 

available for review and copying at: 

OSHA’s Regional Office in Chicago, 

Illinois, at 230 South Dearborn Street, 

32nd Floor, Room 3244, Chicago, 

Illinois 60604, and at: The Offices of the 

Illinois Department of Labor, Safety 

Inspection and Education Division at 1 

West Old State Capitol Plaza, 3rd floor, 

Springfield, Illinois 62701; 160 North 

LaSalle Street, Suite C–1300, Chicago, 

Illinois 60601; or 2309 West Main 

Street, Suite 115, Marion, Illinois 62959. 

FOR FURTHER INFORMATION CONTACT: 

Press inquiries: Contact Jennifer 

Ashley, Office of Communications, 

Room N–3647, OSHA, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Washington, DC 20210; Telephone 

(202) 693–1999. 

General and technical inquiries: 

Contact Barbara Bryant, Director, Office 

of State Programs, Directorate of 

Cooperative and State Programs, OSHA, 

U.S. Department of Labor, Room N– 

3700, 200 Constitution Avenue, NW., 

Washington, DC 20210, Telephone (202) 

693–2244 or Fax (202) 693–1671. 

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 the 

proposed program in detail. 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. State and 

local government workers are excluded 

from Federal OSHA coverage under the 

Occupational Safety and Health Act of 

1970. 

B. Illinois State Plan History 

In 1973 the Illinois Industrial 

Commission and the Illinois Department 

of Labor 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 

public employees in Illinois. That Plan 

was approved by the Assistant Secretary 

on November 5, 1973 (38 FR 30436; 29 

CFR 1952.280 et seq.). The Plan was 

subsequently withdrawn effective June 

30, 1975 by the State of Illinois under 

the authority of then Governor Dan 

Walker after the State was unable to 

make the necessary modifications to its 

program and statutory authority, and its 

State funding was withdrawn (40 FR 

24523). 

Since 1985, the Illinois Department of 

Labor (IDOL), Safety Inspection and 

Education Division (SIED), has adopted 

standards and performed inspections in 

the public sector (State, county, and 

municipal employees) as outlined under 

the provisions of the State’s existing 

enabling legislation: The Illinois Safety 

Inspection and Education Act (SIEA) 

[820 ILCS 220] and the Illinois Health 

and Safety Act (HSA) [820 ILCS 225]. In 

2005, Illinois began working on a Public 

Employee Only State Plan and 

submitted a draft Plan to OSHA in May 

of 2006. OSHA’s review findings were 

detailed in various memoranda and 

other documents, including a May 18, 

2007 letter to the Illinois Department of 

Labor Director Catherine Shannon. 

OSHA determined that the Illinois 

statutes, as structured, and the proposed 

State Plan presented several obstacles to 

meeting the Federal Public Employee 

Only State Plan approval criteria in 29 

CFR 1956. Amendments to both the 

Illinois Safety Inspection and Education 

Act and the Illinois Health and Safety 

Act were proposed and enacted by the 

Illinois General Assembly and signed 

into law by the Governor in 2006 and 

2007. The amended legislation provides 

the basis for establishing a 

comprehensive occupational safety and 

health program applicable to the public 

employees in the State. 

Illinois formally submitted a revised 

Plan applicable only to public 

employees for Federal approval on June 

18, 2008. Over the next several months, 

OSHA worked with Illinois in 

identifying areas of the proposed Plan 

which needed to be addressed or 

required clarification. In response to 

Federal review of the proposed State 

Plan, supplemental assurances, and 

revisions, corrections and additions to 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Proposed Rules 33191 

the Plan were submitted on April 8, 

2009 and May 15, 2009. Further 

modifications were submitted by the 

State on June 8, 2009. The revised 

IDOL/SIED Plan has been found to be 

conceptually approvable as a 

developmental State Plan. 

The Act provides for funding of 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. Such Federal funds to support the 

State Plan must be available prior to 

State Plan approval. The Omnibus 

Appropriations Act for Fiscal Year 2009 

includes $1.5 million in additional 

OSHA State Plan grant funds to allow 

for Department of Labor approval of an 

Illinois State Plan. 

After an opportunity for public 

comment and a hearing, should one be 

requested, the Assistant Secretary of 

Labor will approve the Illinois Public 

Employee Only 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 Illinois is 

not a significant regulatory action as 

defined in Executive Order 12866. 

C. Description of the Illinois State Plan 

The Plan designates the Illinois 

Department of Labor as the State agency 

responsible for administering the Plan 

throughout the State. Under the Plan’s 

legislation, the Illinois Safety Inspection 

and Education Act [820 ILCS 220] and 

the Illinois Health and Safety Act [820 

ILCS 225], the Illinois Department of 

Labor has full authority to adopt 

standards and regulations and enforce 

and administer all laws and rules 

protecting the safety and health of 

employees of the State and its political 

subdivisions. Illinois has adopted State 

standards identical to Federal 

occupational safety and health 

standards as promulgated through 

September 30, 2005. The State Plan 

includes a commitment to update all 

standards within one year after Plan 

approval. The Plan also provides that 

future OSHA standards and revisions 

will be adopted by the State within six 

months of Federal promulgation (30 

days for any emergency temporary 

standard) in accordance with the 

requirements at 29 CFR 1953.5. 

Section 4.2 of the Illinois Health and 

Safety Act [820 ILCS 225] includes 

provisions for the granting of permanent 

and temporary variances from State 

standards to public employers 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. 

Sections 2 and 2.1 of the Illinois 

Safety Inspection and Education Act 

(SIEA) [820 ILCS 220] provide 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. Additionally, 

Section 2 of the SIEA 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, required 

posting of notices of violation, etc. 

Section 2.2 of the Illinois Safety 

Inspection and Education Act provides 

for protection of employees against 

discharge or discrimination resulting 

from exercise of their rights under the 

State Acts in terms essentially identical 

to section 11(c) of the Federal Act. 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. 

Although Section 2.3 of the SIEA 

contains authority for a system of firstinstance monetary penalties, in practice 

it is the State’s intent to issue monetary 

penalties only for failure to correct and 

egregious violations. The State has 

discretionary authority for civil 

penalties of not more than $10,000 for 

repeat and willful violations. Serious 

and other-than-serious violations may 

be assessed a penalty of up to $1,000 per 

violation and failure-to-correct 

violations may be assessed a penalty of 

up to $1,000 per violation per day. In 

addition, any public employer who 

willfully violates any standard, rule, or 

order can be charged by the Attorney 

General with a Class 4 felony if that 

violation causes death to any employee. 

The Plan provides a scheme of 

enforcement for compelling compliance 

under which public employers are 

issued citations for any violation of 

standards. These citations must describe 

the nature of the violation, including 

reference to the standard, and fix a 

reasonable time for abatement. The 

Illinois Plan does not include an 

independent review authority for review 

of contested cases. Although the 

Director has statutory responsibility for 

both the enforcement and the appeals 

process, in practice, Administrative Law 

Judges hear contested cases without any 

oversight or review by the Director. The 

State will make appropriate changes to 

its regulations and procedures to ensure 

the separation of these functions and the 

independence of the adjudicatory 

process. The Director of Labor will 

remain responsible for the enforcement 

process, including the issuance of 

citations and penalties, and their 

defense, if contested. Public employers 

or their representatives who receive a 

citation or a proposed penalty may 

within 15 working days contest the 

citation, proposed penalty and/or 

abatement period and request a hearing 

before an Administrative Law Judge 

(ALJ) on behalf of the Director. Any 

public employee or representative may 

within 15 working days request a 

hearing before an ALJ regarding the 

reasonableness of the abatement period. 

Informal review prior to contest may 

also be requested at the division level. 

The ALJ’s decision is subject to appeal 

to the courts. 

The State has a currently authorized 

staff of eight safety and three health 

compliance officers who, in addition to 

inspections, also perform duties 

equivalent to OSHA’s on-site 

consultation program. The Illinois 

Department of Commerce and Economic 

Development delivers OSHA’s On-Site 

Consultation program to private sector 

employers throughout the State. The 

Plan provides assurances that within 

three years no staff will have dual roles, 

and the State will have a fully trained, 

adequate staff, of eleven safety and three 

health compliance officers for 

enforcement inspections, and three 

safety and two health consultants to 

perform consultation services in the 

public sector. As new staff members are 

hired they will perform either 

enforcement or consultation functions. 

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 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
33192 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Proposed Rules 

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 (50%) to support the 

Plan and is requesting initial Federal 

funding of $1,500,000 for a total initial 

program effort of $3 million. 

Although the State Acts set forth the 

general authority and scope for 

implementing the Illinois Public 

Employee Plan, the Plan is 

developmental under the terms of 29 

CFR 1956.2(b), in that specific rules, 

regulations, and implementing 

procedures must still be adopted or 

revised to carry out the Plan and make 

it structurally ‘‘at least as effective’’ as 

Federal OSHA and fully operational. 

The Plan sets forth a timetable for the 

accomplishment of these and other 

developmental goals within three years 

of Plan approval. This timetable 

addresses such general areas as the 

adoption of standards and the revision 

of regulations governing enforcement, 

consultation, variances, contested cases, 

employee access to information, and 

recordkeeping. Other developmental 

aspects include hiring and training of 

staff, participation in OSHA’s 

management information system, 

development of a Field Operations 

Manual and all other implementing 

policies, procedures and instruction 

necessary for the operation of an 

effective program. The State has 

extensively revised its initial State Plan 

submission to address a number of 

issues which were raised during the 

course of Federal review of the Illinois 

Plan and that required further 

clarification from the State. 

D. Request for Public Comment and 

Opportunity To Request Hearing 

Public comment on the Illinois Public 

Employee Only State 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 

August 10, 2009. Written submissions 

must clearly identify the issues that are 

addressed and the positions taken with 

respect to each issue. The State of 

Illinois will be afforded the opportunity 

to respond to each submission. The 

Illinois Department of Labor must also 

publish appropriate notice within the 

State of Illinois within 5 days of 

publication of this notice, announcing 

OSHA’s proposal to approve an Illinois 

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 August 10, 2009 and may be 

submitted electronically, by facsimile, 

or by regular mail, hand delivery, 

express mail, messenger or courier 

service, as indicated under ADDRESSES

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 a 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, are available at 

http://www.regulations.gov or the OSHA 

Docket Office at the address above. 

E. 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 Illinois 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 Illinois Safety Inspection and 

Education Act has been in effect since 

1961 and the Illinois Health and Safety 

Act has been in effect since 1936, when 

the State first established a safety and 

health program. Since 1985, the Illinois 

program for public employees has been 

in operation under the Illinois 

Department of Labor 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. 

F. 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 which affect state 

or local governments. OSHA has 

consulted extensively with Illinois 

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 

Illinois initial approval decision 

proposed today, and believes it is 

consistent with the principles and 

criteria set forth in the Executive Order. 

G. Authority and Signature 

This document was prepared under 

the direction of Jordan Barab, Acting 

Assistant Secretary of Labor for 

Occupational Safety and Health. It is 

issued under Section 18 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 667), 29 CFR Parts 1956 

and 1902, and Secretary of Labor’s 

Order No. 5–2007 (72 FR 31160). 

Signed at Washington, DC, this 7th day of 

July 2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–16379 Filed 7–9–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 59 

RIN 2900–AM70 

Grants to States for Construction or 

Acquisition of State Home Facilities— 

Update of Authorized Beds 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations regarding grants to States for 

construction or acquisition of State 

homes to update the maximum number 

of nursing home and domiciliary beds 

designated for each State and to amend 

the definition of ‘‘State’’ for purposes of 

these grants to include Guam, the 


erowe on DSK5CLS3C1PROD with PROPOSALS-1