81_FR_67201 81 FR 67012 - Tennessee State Plan; Change in Level of Federal Enforcement: Marine Construction

81 FR 67012 - Tennessee State Plan; Change in Level of Federal Enforcement: Marine Construction

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range67012-67013
FR Document2016-23582

This document gives notice of OSHA's approval of a change to the state of Tennessee's occupational safety and health State Plan to include marine construction in its State Plan. Marine construction was previously exempted from the State Plan by the Tennessee Occupational Safety and Health Act of 1972. Therefore, OSHA amends the Tennessee State Plan's coverage to reflect this change in the level of federal enforcement.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67012-67013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23582]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0023]


Tennessee State Plan; Change in Level of Federal Enforcement: 
Marine Construction

AGENCY: Occupational Safety and Health Administration (OSHA).

ACTION: Notice.

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SUMMARY: This document gives notice of OSHA's approval of a change to 
the state of Tennessee's occupational safety and health State Plan to 
include marine construction in its State Plan. Marine construction was 
previously exempted from the State Plan by the Tennessee Occupational 
Safety and Health Act of 1972. Therefore, OSHA amends the Tennessee 
State Plan's coverage to reflect this change in the level of federal 
enforcement.

DATES: Effective Date: September 29, 2016.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries, contact Francis Meilinger, Director, 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, Directorate of Cooperative and State Programs, 
Room N-3700, OSHA, U.S. Department of Labor, 200 Constitution Avenue 
NW., Washington, DC 20210; telephone: (202) 693-2200; email: 
[email protected].

SUPPLEMENTARY INFORMATION: Section 18 of the Occupational Safety and 
Health Act of 1970, 29 U.S.C. 667 (OSH Act), provides that states that 
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 that include initial approval under Section 18(c) of the Act 
and, ultimately, final approval under Section 18(e).
    The Tennessee State Plan was initially approved under Section 18(c) 
of the OSH Act and 29 CFR part 1902 on July 5, 1973. The Tennessee 
State Plan is administered by the Tennessee Department of Labor and 
Workforce Development, Division of Occupational Safety and Health 
(TOSHA). On July 22, 1985, OSHA announced the final approval of the 
Tennessee State Plan pursuant to Section 18(e) and amended Subpart P of 
29 CFR part 1952 to reflect the Assistant Secretary's decision (50 FR 
29659-01). As a result, OSHA relinquished its concurrent standards and 
enforcement authority with regard to occupational safety and health 
issues covered by the Tennessee State Plan.
    OSHA retained its authority over safety and health in private 
sector maritime employment; federal government employers and workers; 
the U.S. Postal Service (USPS), including USPS employees and contract 
employees at contractor-operated facilities engaged in USPS mail 
operations; railroad employment; employment at Tennessee Valley 
Authority facilities; and on military bases.
    Under the Tennessee Occupational Safety and Health Act of 1972, 
workers protected by the Longshore and Harbor

[[Page 67013]]

Workers' Compensation Act (33 U.S.C. 901 et seq.) were exempt from 
coverage by the Tennessee State Plan (T.C.A. Sec.  50-3-104(6) (2014)). 
That included workers who were engaged in marine construction. However, 
Tennessee subsequently removed this prohibition from the statute (2015 
Tenn. Pub. Acts, c. 23, Sec.  1). Now, TOSHA is requesting that its 
coverage be modified to include coverage over marine construction. 
TOSHA has in place standards for construction (TN ADC 0800-01-06-.02 
adopts OSHA's construction standards in 29 CFR 1926 with minor 
exceptions not relevant here), including for marine operations and 
equipment (29 CFR 1926.605). OSHA is transferring coverage over marine 
construction to the Tennessee State Plan. Accordingly, notice is hereby 
given of the change in State Plan authority over marine construction, 
and coverage is transferred to the Tennessee State Plan.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 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 1953.

    Signed at Washington, DC, on September 26, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-23582 Filed 9-28-16; 8:45 am]
 BILLING CODE 4510-29-P



                                                  67012                    Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

                                                  technological information collection                    www.regulations.gov. Therefore, OSHA                  1972. Therefore, OSHA amends the
                                                  and transmission techniques.                            cautions commenters about submitting                  Tennessee State Plan’s coverage to
                                                                                                          personal information such as social                   reflect this change in the level of federal
                                                  III. Proposed Actions
                                                                                                          security numbers and dates of birth.                  enforcement.
                                                     The Agency is requesting an                          Although all submissions are listed in                DATES: Effective Date: September 29,
                                                  adjustment increase of 160 burden                       the http://www.regulations.gov index,                 2016.
                                                  hours (from 240 hours to 400 hours) as                  some information (e.g., copyrighted
                                                  a result of the increasing number of                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                          material) is not publicly available to                   For press inquiries, contact Francis
                                                  students attending the Institute from                   read or download from this Web site.
                                                  3,000 to 5,000 students. The Agency                                                                           Meilinger, Director, Office of
                                                                                                          All submissions, including copyrighted                Communications, Room N–3647, OSHA,
                                                  will summarize the comments                             material, are available for inspection
                                                  submitted in response to this notice,                                                                         U.S. Department of Labor, 200
                                                                                                          and copying at the OSHA Docket Office.                Constitution Avenue NW., Washington,
                                                  and will include this summary in the                    Information on using the http://
                                                  request for approval to OMB.                                                                                  DC 20210; telephone: (202) 693–1999;
                                                                                                          www.regulations.gov Web site to submit                email: meilinger.francis2@dol.gov.
                                                     Type of Review: Extension of a                       comments and access the docket is
                                                  currently approved collection.                                                                                   For general and technical information,
                                                                                                          available at the Web site’s ‘‘User Tips’’             contact Douglas J. Kalinowski, Director,
                                                     Title: Student Data Form (OSHA Form
                                                                                                          link. Contact the OSHA Docket Office                  Directorate of Cooperative and State
                                                  182).
                                                     OMB Control Number: 1218–0172.                       for information about materials not                   Programs, Room N–3700, OSHA, U.S.
                                                     Affected Public: Individuals; business               available from the Web site, and for                  Department of Labor, 200 Constitution
                                                  or other for-profit organizations; Federal              assistance in using the Internet to locate            Avenue NW., Washington, DC 20210;
                                                  government; State, Local, or Tribal                     docket submissions.                                   telephone: (202) 693–2200; email:
                                                  governments.                                               Electronic copies of this Federal                  kalinowski.doug@dol.gov.
                                                     Number of Respondents: 5,000.                        Register document are available at
                                                                                                                                                                SUPPLEMENTARY INFORMATION: Section 18
                                                     Frequency of Responses: On occasion.                 http://www.regulations.gov. This
                                                                                                                                                                of the Occupational Safety and Health
                                                     Total Responses: 5,000.                              document, as well as news releases and
                                                                                                                                                                Act of 1970, 29 U.S.C. 667 (OSH Act),
                                                     Average Time per Response: 5                         other relevant information, are available
                                                                                                                                                                provides that states that wish to assume
                                                  minutes (.08 hour).                                     at OSHA’s Web page at http://
                                                                                                                                                                responsibility for developing and
                                                     Estimated Total Burden Hours: 400                    www.osha.gov.
                                                                                                                                                                enforcing their own occupational safety
                                                  hours.
                                                     Estimated Cost (Operation and                        V. Authority and Signature                            and health standards may do so by
                                                  Maintenance): $0.                                         David Michaels, Ph.D., MPH,                         submitting and obtaining federal
                                                                                                          Assistant Secretary of Labor for                      approval of a State Plan. State Plan
                                                  IV. Public Participation—Submission of                  Occupational Safety and Health,                       approval occurs in stages that include
                                                  Comments on This Notice and Internet                    directed the preparation of this notice.              initial approval under Section 18(c) of
                                                  Access to Comments and Submissions                      The authority for this notice is the                  the Act and, ultimately, final approval
                                                     You may submit comments in                           Paperwork Reduction Act of 1995 (44                   under Section 18(e).
                                                  response to this document as follows:                   U.S.C. 3506 et seq.) and Secretary of                    The Tennessee State Plan was
                                                  (1) Electronically at http://                           Labor’s Order No. 1–2012 (77 FR 3912).                initially approved under Section 18(c)
                                                  www.regulations.gov, which is the                                                                             of the OSH Act and 29 CFR part 1902
                                                                                                            Signed at Washington, DC, on September              on July 5, 1973. The Tennessee State
                                                  Federal eRulemaking Portal; (2) by                      26, 2016.
                                                  facsimile (fax); or (3) by hard copy. All                                                                     Plan is administered by the Tennessee
                                                                                                          David Michaels,                                       Department of Labor and Workforce
                                                  comments, attachments, and other
                                                                                                          Assistant Secretary of Labor for Occupational         Development, Division of Occupational
                                                  material must identify the Agency name                  Safety and Health.
                                                  and the OSHA docket number (OSHA–                                                                             Safety and Health (TOSHA). On July 22,
                                                                                                          [FR Doc. 2016–23580 Filed 9–28–16; 8:45 am]           1985, OSHA announced the final
                                                  2010–0022) for this ICR. You may
                                                  supplement electronic submissions by                    BILLING CODE 4510–26–P                                approval of the Tennessee State Plan
                                                  uploading document files electronically.                                                                      pursuant to Section 18(e) and amended
                                                  If you wish to mail additional materials                                                                      Subpart P of 29 CFR part 1952 to reflect
                                                                                                          DEPARTMENT OF LABOR                                   the Assistant Secretary’s decision (50 FR
                                                  in reference to an electronic or a
                                                  facsimile submission, you must submit                   Occupational Safety and Health                        29659–01). As a result, OSHA
                                                  them to the OSHA Docket Office (see                     Administration                                        relinquished its concurrent standards
                                                  the section of this notice titled                                                                             and enforcement authority with regard
                                                  ADDRESSES). The additional materials                    [Docket No. OSHA–2016–0023]                           to occupational safety and health issues
                                                  must clearly identify your electronic                                                                         covered by the Tennessee State Plan.
                                                                                                          Tennessee State Plan; Change in Level                    OSHA retained its authority over
                                                  comments by your name, date, and the
                                                                                                          of Federal Enforcement: Marine                        safety and health in private sector
                                                  docket number so the Agency can attach
                                                                                                          Construction                                          maritime employment; federal
                                                  them to your comments.
                                                     Because of security procedures, the                  AGENCY: Occupational Safety and Health                government employers and workers; the
                                                  use of regular mail may cause a                         Administration (OSHA).                                U.S. Postal Service (USPS), including
                                                  significant delay in the receipt of                     ACTION: Notice.                                       USPS employees and contract
                                                  comments. For information about                                                                               employees at contractor-operated
                                                  security procedures concerning the                      SUMMARY:   This document gives notice of              facilities engaged in USPS mail
mstockstill on DSK3G9T082PROD with NOTICES




                                                  delivery of materials by hand, express                  OSHA’s approval of a change to the                    operations; railroad employment;
                                                  delivery, messenger or courier service,                 state of Tennessee’s occupational safety              employment at Tennessee Valley
                                                  please contact the OSHA Docket Office                   and health State Plan to include marine               Authority facilities; and on military
                                                  at (202) 693–2350, (TTY (877) 889–                      construction in its State Plan. Marine                bases.
                                                  5627).                                                  construction was previously exempted                     Under the Tennessee Occupational
                                                     Comments and submissions are                         from the State Plan by the Tennessee                  Safety and Health Act of 1972, workers
                                                  posted without change at http://                        Occupational Safety and Health Act of                 protected by the Longshore and Harbor


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                                                                           Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices                                                 67013

                                                  Workers’ Compensation Act (33 U.S.C.                    sustainability; perceived risks and                   the Arts, 400 7th Street SW.,
                                                  901 et seq.) were exempt from coverage                  opportunities in MCC partner countries;               Washington, DC 20506.
                                                  by the Tennessee State Plan (T.C.A.                     new financing mechanisms for                          FOR FURTHER INFORMATION CONTACT:
                                                  § 50–3–104(6) (2014)). That included                    developing country contexts; and shared               Craig McCord Sr. by telephone at (202)
                                                  workers who were engaged in marine                      value approaches. The Advisory                        682–5473 or by email at mccordc@
                                                  construction. However, Tennessee                        Council provides a platform for                       arts.gov.
                                                  subsequently removed this prohibition                   systematic engagement with the private
                                                                                                                                                                SUPPLEMENTARY INFORMATION: 4314(c)(1)
                                                  from the statute (2015 Tenn. Pub. Acts,                 sector and other external stakeholders
                                                                                                                                                                through (5) of Title 5, U.S.C., requires
                                                  c. 23, § 1). Now, TOSHA is requesting                   and contributes to MCC’s mission—to
                                                                                                                                                                each agency to establish, in accordance
                                                  that its coverage be modified to include                reduce poverty through sustainable,
                                                                                                                                                                with regulations prescribed by the
                                                  coverage over marine construction.                      economic growth.
                                                                                                                                                                Office of Personnel Management, one or
                                                  TOSHA has in place standards for                           Time and Place: Thursday, October
                                                                                                                                                                more SES Performance Review Boards.
                                                  construction (TN ADC 0800–01–06-.02                     13, 2016 from 8:30 a.m.–1:45 p.m.
                                                                                                                                                                The Board shall review and evaluate the
                                                  adopts OSHA’s construction standards                    which includes a working lunch. The
                                                                                                                                                                initial appraisal of a senior executive’s
                                                  in 29 CFR 1926 with minor exceptions                    meeting will be held at the Millennium
                                                                                                                                                                performance by the supervisor, along
                                                  not relevant here), including for marine                Challenge Corporation, 1099 14th St.
                                                                                                                                                                with any response by the senior
                                                  operations and equipment (29 CFR                        NW., Suite 700, Washington, DC 20005.
                                                                                                             Agenda: During the inaugural meeting               executive, and make recommendations
                                                  1926.605). OSHA is transferring
                                                                                                          of the MCC Advisory Council, members                  to the appointing authority relative to
                                                  coverage over marine construction to
                                                                                                          will be provided with an overview of                  the performance of the senior executive.
                                                  the Tennessee State Plan. Accordingly,                                                                          The following persons have been
                                                  notice is hereby given of the change in                 MCC’s work, discuss trends in
                                                                                                                                                                selected to serve on the Performance
                                                  State Plan authority over marine                        international development and how
                                                                                                                                                                Review Board of the National
                                                  construction, and coverage is transferred               MCC can continue to innovate and MCC
                                                                                                                                                                Endowment for the Arts (NEA):
                                                  to the Tennessee State Plan.                            will seek advice from the Council
                                                                                                          members on MCC’s Compact program in                   Winona Varnon—Deputy Chairman for
                                                  Authority and Signature                                 Benin.                                                  Management and Budget
                                                    David Michaels, Ph.D., MPH,                              Public Participation: The meeting will             Michael Griffin—Chief of Staff
                                                                                                          be open to the public. Members of the                 Sunil Iyengar—Director, Research &
                                                  Assistant Secretary of Labor for
                                                                                                          public may file written statement(s)                    Analysis
                                                  Occupational Safety and Health,
                                                  authorized the preparation of this                      before or after the meeting. If you plan                Dated: September 26, 2016.
                                                  notice. OSHA is issuing this notice                     to attend, please submit your name and                Kathy N. Daum,
                                                  under the authority specified by Section                affiliation no later than Wednesday,                  Director, Administrative Services.
                                                  18 of the Occupational Safety and                       October 5 to MCCAdvisoryCouncil@                      [FR Doc. 2016–23565 Filed 9–28–16; 8:45 am]
                                                  Health Act of 1970 (29 U.S.C. 667),                     mcc.gov to be placed on an attendee list.             BILLING CODE P
                                                  Secretary of Labor’s Order No. 1–2012                   FOR FURTHER INFORMATION CONTACT: For
                                                  (77 FR 3912), and 29 CFR parts 1902                     further information, contact Beth
                                                  and 1953.                                               Roberts at MCCAdvisoryCouncil@                        NATIONAL TRANSPORTATION
                                                    Signed at Washington, DC, on September                mcc.gov or 202–521–3600 or visit                      SAFETY BOARD
                                                  26, 2016.                                               https://www.mcc.gov/about/org-unit/
                                                  David Michaels,                                         advisory-council.                                     Sunshine Act Meeting
                                                  Assistant Secretary of Labor for Occupational           Sarah E. Fandell,                                     TIME AND DATE:   9:30 a.m., Tuesday,
                                                  Safety and Health.                                      VP/General Counsel and Corporate Secretary,           October 4, 2016
                                                  [FR Doc. 2016–23582 Filed 9–28–16; 8:45 am]             Millennium Challenge Corporation.
                                                                                                                                                                PLACE: NTSB Conference Center, 429
                                                  BILLING CODE 4510–29–P                                  [FR Doc. 2016–23569 Filed 9–28–16; 8:45 am]           L’Enfant Plaza SW., Washington, DC
                                                                                                          BILLING CODE 9211–03–P                                20594.
                                                                                                                                                                STATUS: The one item is open to the
                                                  MILLENNIUM CHALLENGE
                                                                                                                                                                public.
                                                  CORPORATION                                             NATIONAL FOUNDATION ON THE                            MATTERS TO BE CONSIDERED:
                                                  [MCC FR 16–06]                                          ARTS AND THE HUMANITIES                               8730A Highway Accident Report—
                                                                                                                                                                     Multivehicle Work Zone Crash on
                                                  Millennium Challenge Corporation                        National Endowment for the Arts
                                                                                                                                                                     Interstate 75, Chattanooga,
                                                  Advisory Council Notice of Open                                                                                    Tennessee, June 25, 2015
                                                  Meeting                                                 Membership of the National
                                                                                                          Endowment for the Arts Senior                              (HWY15MH009)
                                                  AGENCY: Millennium Challenge                            Executive Service Performance Review                  NEWS MEDIA CONTACT: Telephone: (202)
                                                  Corporation.                                            Board                                                 314–6100.
                                                  ACTION: Notice.                                                                                                  The press and public may enter the
                                                                                                          ACTION:   Notice.                                     NTSB Conference Center one hour prior
                                                  SUMMARY:   In accordance with the                                                                             to the meeting for set up and seating.
                                                                                                          SUMMARY:   This notice announces the
                                                  requirements of the Federal Advisory                                                                             Individuals requesting specific
                                                                                                          membership of the National Endowment
                                                  Committee Act, 5 U.S.C.—App., the                                                                             accommodations should contact
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          for the Arts (NEA) Senior Executive
                                                  Millennium Challenge Corporation                                                                              Rochelle Hall at (202) 314–6305 or by
                                                                                                          Service (SES) Performance Review
                                                  (MCC) Advisory Council was                                                                                    email at Rochelle.Hall@ntsb.gov by
                                                                                                          Board (PRB).
                                                  established as a discretionary advisory                                                                       Wednesday, September 28, 2016.
                                                  committee on June 14, 2016 to serve                     DATES: Effective Date: September 26,                     The public may view the meeting via
                                                  MCC in a solely advisory capacity and                   2016.                                                 a live or archived webcast by accessing
                                                  provide insight regarding innovations in                ADDRESSES: Send comments concerning                   a link under ‘‘News & Events’’ on the
                                                  infrastructure, technology and                          this notice to: National Endowment for                NTSB home page at www.ntsb.gov.


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Document Created: 2016-09-29 04:14:42
Document Modified: 2016-09-29 04:14:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactFor press inquiries, contact Francis Meilinger, Director, 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 Citation81 FR 67012 

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