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• Publication Date: 10/12/2011
• Publication Type: Final Rules
• Fed Register #: 76: 63188-63190
• Standard Number: 1952
• Title: Hawaii State Plan; Change in Level of Federal Enforcement: Military Installations

[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63188-63190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26263]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952


Hawaii State Plan; Change in Level of Federal Enforcement:
Military Installations

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule.

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SUMMARY: This document gives notice of OSHA's approval of a change to
the state of Hawaii's occupational safety
and health state plan to exclude coverage of private sector employers
and employees at all military installations. The state of Hawaii,
Department of Labor and Industrial Relations, requested in a November
15, 2010 memorandum which was reiterated in a February 22, 2011, letter
from the Governor, that jurisdiction be relinquished to federal OSHA
for conducting safety and health inspections of private sector
employers within the borders of all military installations in Hawaii.
Accordingly, OSHA amends its regulations to reflect this change in the
level of federal enforcement.

DATES: Effective Date: October 12, 2011.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger,
Office of Communications, OSHA, U.S. Department of Labor, Room N-3647,
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202)
693-1999. General Information and Technical Inquiries: Laura Seeman,
Acting Director, Office of State Programs, Directorate of Cooperative
and State Programs, Room N-3700, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2244. An electronic copy of this Federal Register notice is available
on OSHA's Web site at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 18 of the Occupational Safety and Health Act of 1970 (the
Act), 29 U.S.C. 667, provides that states which wish to assume
responsibility for developing and enforcing their own occupational
safety and health standards may do so by submitting, and obtaining
federal approval of, a state plan. State plan approval occurs in stages
which include initial approval under Section 18(c) of the Act and,
ultimately, final approval under Section 18(e).
    The Hawaii Occupational Safety and Health State Plan was initially
approved under Section 18(c) of the Act and 29 CFR Part 1902 on
December 28, 1973 (39 FR 1010). The Hawaii program is administered by
the Hawaii Occupational Safety and Health (HIOSH) Division of the State
Department of Labor and Industrial Relations. On April 30, 1984, OSHA
awarded final approval to the Hawaii State Plan pursuant to Section
18(e) and amended Subpart Y of 29 CFR part 1952 to reflect the
Assistant Secretary's decision (49 FR 19182). As a result, OSHA
relinquished its concurrent standards and enforcement authority with
regard to occupational safety and health issues covered by the Hawaii
State Plan. Federal OSHA retained its authority over safety and health
in maritime employment in the private sector, federal government
employers and employees, and enforcement relating to any contractors or
subcontractors on any federal establishment where the land is
determined to be exclusive federal jurisdiction. (OSHA jurisdiction
over the U.S. Postal Service was added on June 9, 2000.)
    On November 15, 2010, Pearl Imada Iboshi, former Director of the
Hawaii Department of Labor and Industrial Relations, wrote to the
federal OSHA Regional Administrator requesting a change in the
jurisdictional responsibilities between the Hawaii Occupational Safety
and Health Division of the State Department of Labor and Industrial
Relations, and federal OSHA regarding military installations in Hawaii.
The reasons cited for this change were as follows: (1) to eliminate
dual or overlapping state and federal jurisdiction; (2) to ease
obtaining security clearances to highly classified and/or restricted
areas; (3) to improve coverage of hazardous waterfront working
conditions; and (4) to enhance the ability to negotiate with
controlling federal agencies on hazard abatement and other compliance
issues.
    Specifically, HIOSH relinquishes back to federal OSHA the
jurisdiction and enforcement authority for conducting safety and health
inspections of private sector employers within the borders of all
military installations in Hawaii. Hawaii will retain responsibility for
coverage of any state and local government employers and employees at
these facilities. Accordingly, notice is hereby given of this change in
federal enforcement authority over military installations in the state
of Hawaii. OSHA is also amending its description of the state plan at
29 CFR part 1952, subpart Y to reflect this change in the level of
federal enforcement.

B. Obtaining Copies of Referenced Documents

    A copy of the documents referenced in this notice may be obtained
from: Office of State Programs, Directorate of Cooperative and State
Programs, Occupational Safety and Health Administration, Room N3700,
200 Constitution Avenue, NW., Washington, DC 20210, (202) 693-2244, fax
(202) 693-1671; Office of the Regional Administrator, Occupational
Safety and Health Administration, San Francisco Federal Building, 90
7th Street, Suite 18-100, San Francisco, California 94103, (415) 625-
2546, fax (415) 625-2526; and the Hawaii Department of Labor and
Industrial Relations, HIOSH, 830 Punchbowl Street, Suite 425, Honolulu,
Hawaii 96813, (808) 586-9100, fax (808) 586-9104. Other information
about the Hawaii State Plan is posted on the state's Web site at
http://hawaii.gov/labor/hiosh. Electronic copies of this Federal
Register notice are available on OSHA's Web site at http://www.osha.gov.

C. Administrative Procedure

    This Federal Register document acknowledges a modification made by
the state of Hawaii to its occupational safety and health state plan,
and does not involve any regulatory action by federal OSHA. States with
approved plans have authority to modify the statutes, regulations, and
procedures in their plan, using procedures provided under state law.
These state plan modifications have legal effect in the state as soon
as they are adopted; pre-enforcement approval by federal OSHA is not
required. 29 CFR 1953.3(a); see Florida Citrus Packers v. California,
545 F. Supp. 216, 219 (N.D. Cal. 1982).
    The attached Federal Register notice is designated a "final
rule." That designation is necessary because OSHA publishes a general
description of every state plan in 29 CFR part 1952. Because they are
set forth in the Code of Federal Regulation, these descriptions can be
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 changes already in effect under state law. Hawaii's determination
that military installations will not be covered under the state's plan
is within the state's discretion under section 18(b) of the Act. The
present Federal Register notice simply provides information to the
public concerning this action by the state.
    For this reason, public notice and comment are unnecessary, and
good cause exists for making this final rule effective upon publication
in the Federal Register. Accordingly, OSHA finds that public
participation is unnecessary, and this notice constitutes approval of
the change, effective upon publication in the Federal Register.

List of Subjects in 29 CFR Part 1952

    Military installations, Intergovernmental relations, Law
enforcement, Occupational safety and health.

    Signed at Washington, DC, on September 26, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

    Part 1952 of 29 CFR is hereby amended as follows:

PART 1952--[AMENDED]

0
1. The authority section for Part 1952 continues to read as follows:

    Authority:  Section 18 of the OSH Act (29 U.S.C. 667), 29 CFR
Part 1902, and Secretary of Labor's Order No. 5-2002 (67 FR 65008).

Subpart Y--Hawaii

0
2. In Sec.  1952.313 revise the second sentence of paragraph (b) to
read as follows:


Sec.  1952.313  Final approval determination.

* * * * *
    (b) * * * The plan does not cover maritime employment in the
private sector; Federal government employers and employees; enforcement
relating to any contractors or subcontractors on any Federal
establishment where the land is determined to be exclusive Federal
jurisdiction; the U.S. Postal Service (USPS), including USPS employees,
and contract employees and contractor-operated facilities engaged in
USPS mail operations; and private sector employers on military
installations.
* * * * *

0
3. In Sec.  1952.314 revise the fourth sentence of paragraph (b) to
read as follows:


Sec.  1952.314  Level of Federal enforcement.

* * * * *
    (b) * * * Federal jurisdiction also remains in effect with respect
to Federal government employers and employees, enforcement relating to
any contractors or subcontractors on any Federal establishment where
the land is determined to be exclusive Federal jurisdiction; the U.S.
Postal Service (USPS), including USPS employees, and contract employees
and contractor-operated facilities engaged in USPS mail operations; and
private sector employers on military installations.
* * * * *
[FR Doc. 2011-26263 Filed 10-11-11; 8:45 am]
BILLING CODE 4510-26-P

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