81 FR 6177 - Maine State Plan for State and Local Government Employers

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 24 (February 5, 2016)

Page Range		6177-6178
FR Document		2016-02069

This document announces the publication of the regulatory provisions which formalize the initial approval of the Maine State and Local Government Only State Plan.

Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016)

[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
[Pages 6177-6178]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02069]


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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.

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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 [email protected].
    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: 
[email protected].

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

[[Page 6178]]

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

0
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

0
2. Add Sec.  1952.28 to read as follows:


Sec.  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

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

Administrative Procedure Act (APA), 5 process moves swiftly, and this of Cooperative and State Programs,
U.S.C. 553, do not apply to this extension of the temporary scheduling Room N–3700, U.S. Department of
extension of the temporary scheduling order continues to serve that purpose. Labor, 200 Constitution Avenue NW.,
action. In the alternative, even assuming For the same reasons that underlie 21 Washington, DC 20210; telephone (202)
that this action might be subject to U.S.C. 811(h), that is, the need to place 693–2200; email: kalinowski.doug@
section 553 of the APA, the these substances in schedule I because dol.gov.
Administrator finds that there is good they pose an imminent hazard to public SUPPLEMENTARY INFORMATION:
cause to forgo the notice and comment safety, it would be contrary to the public
requirements of section 553, as any interest to delay implementation of this A. Background
further delays in the process for extension of the temporary scheduling On May 20, 2015, OSHA published a
extending the temporary scheduling order. Therefore, in accordance with notice in the Federal Register (80 FR
order would be impracticable and section 808(2) of the CRA, this final 28890) concerning the submission of the
contrary to the public interest in view order extending the temporary Maine State and Local Government
of the manifest urgency to avoid an scheduling order shall take effect Only State Plan, announcing that initial
imminent hazard to the public safety. immediately upon its publication. The Federal approval of the Plan was at
Further, the DEA believes that this final DEA has submitted a copy of this final issue, and offering interested parties an
order extending the temporary order to both Houses of Congress and to opportunity to review the Plan and
scheduling action is not a ‘‘rule’’ as the Comptroller General, although such submit data, views, arguments or
defined by 5 U.S.C. 601(2), and, filing is not required under the Small requests for a hearing concerning the
accordingly, is not subject to the Business Regulatory Enforcement Plan. No comments were received.
requirements of the Regulatory Fairness Act of 1996 (Congressional OSHA, after carefully reviewing the
Flexibility Act (RFA). The requirements Review Act), 5 U.S.C. 801–808 because, Maine State Plan for the development
for the preparation of an initial as noted above, this action is an order, and enforcement of state standards
regulatory flexibility analysis in 5 U.S.C. not a rule. applicable to state and local government
603(a) are not applicable where, as here, employers and the record developed
Dated: February 2, 2016.
the DEA is not required by section 553 during the above described proceedings,
of the APA or any other law to publish Chuck Rosenberg,
determined that the requirements and
a general notice of proposed Acting Administrator. criteria for initial approval of a
rulemaking. [FR Doc. 2016–02308 Filed 2–4–16; 8:45 am] developmental State Plan were met. The
Additionally, this action is not a BILLING CODE 4410–09–P Plan was approved as a developmental
significant regulatory action as defined State Plan for State and Local
by Executive Order 12866 (Regulatory Government Only under Section 18 of
Planning and Review), section 3(f), and, DEPARTMENT OF LABOR the OSH Act on August 5, 2015. (80 FR
accordingly, this action has not been 46487).
reviewed by the Office of Management Occupational Safety and Health
and Budget (OMB). Administration B. Notice of Publication of the
This action will not have substantial Regulatory Description of the Maine
direct effects on the States, on the 29 CFR Part 1952 State Plan
relationship between the national In light of the reorganization of the
[Docket No. OSHA–2015–0003]
government and the States, or on the State Plan regulations through the
distribution of power and RIN 1218–AC97 streamlining of 29 CFR part 1952 and 29
responsibilities among the various CFR part 1956, OSHA deferred any
levels of government. Therefore, in Maine State Plan for State and Local change to those regulatory provisions
accordance with Executive Order 13132 Government Employers relating to the Maine State Plan until the
(Federalism) it is determined that this streamlining changes took effect. (80 FR
AGENCY: Occupational Safety and Health
action does not have sufficient 46487, 46492). These streamlining
Administration (OSHA), Department of
federalism implications to warrant the changes took effect October 19, 2015.
Labor.
preparation of a Federalism Assessment. (80 FR 49897, Aug. 18, 2015). Therefore
As noted above, this action is an ACTION: Final rule. OSHA is now amending 29 CFR part
order, not a rule. Accordingly, the 1952 to incorporate the description of
SUMMARY: This document announces the
Congressional Review Act (CRA) is the Maine State Plan.
publication of the regulatory provisions
inapplicable, as it applies only to rules.
which formalize the initial approval of C. Regulatory Flexibility Act
5 U.S.C. 808(2). It is in the public
the Maine State and Local Government OSHA certifies pursuant to the
interest to maintain the temporary
placement of PB-22, 5F-PB-22, AB- Only State Plan. Regulatory Flexibility Act of 1980 (5
FUBINACA and ADB-PINACA in DATES: Effective February 5, 2016. Initial U.S.C. 601 et seq.) that the initial
schedule I because they pose a public approval of the Maine State Plan was approval of the Maine State Plan will
health risk. The temporary scheduling granted on August 5, 2015. not have a significant economic impact
action was taken pursuant to 21 U.S.C. FOR FURTHER INFORMATION CONTACT: on a substantial number of small
811(h), which is specifically designed to For press inquiries: Contact Francis entities. By its own terms, the Plan will
enable the DEA to act in an expeditious Meilinger, Office of Communications, have no effect on private sector
manner to avoid an imminent hazard to Room N–3647, OSHA, U.S. Department employment, but is limited to the state
the public safety. Under 21 U.S.C. of Labor, 200 Constitution Avenue NW., and its political subdivisions. Moreover,
Lhorne on DSK5TPTVN1PROD with RULES

811(h), temporary scheduling orders are Washington, DC 20210; telephone (202) Title 26, Labor and Industry, of the
not subject to notice and comment 693–1999; email meilinger.francis2@ Maine Revised Statutes was enacted in
rulemaking procedures. The DEA dol.gov. 1971. This legislation established the
understands that the CSA frames For general and technical Board, whose purpose is to formulate
temporary scheduling actions as orders information: Contact Douglas J. rules that shall, at a minimum, conform
rather than rules to ensure that the Kalinowski, Director, OSHA Directorate with Federal standards of occupational

VerDate Sep<11>2014 14:51 Feb 04, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\05FER1.SGM 05FER1

Document Created: 2016-02-05 00:17:43
Document Modified: 2016-02-05 00:17:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective February 5, 2016. Initial approval of the Maine State Plan was granted on August 5, 2015.
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 [email protected]
FR Citation		81 FR 6177
RIN Number		1218-AC97
CFR Associated		Intergovernmental Relations; Law Enforcement and Occupational Safety and Health

81 FR 6177 - Maine State Plan for State and Local Government Employers

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 81, Issue 24 (February 5, 2016)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration