82_FR_25736 82 FR 25631 - California State Plan; New Operational Status Agreement

82 FR 25631 - California State Plan; New Operational Status Agreement

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 105 (June 2, 2017)

Page Range25631-25632
FR Document2017-11422

This document announces a new Operational Status Agreement between the Occupational Safety and Health Administration (OSHA) and the California State Plan, which specifies the respective areas of federal and state authority, and which clarifies California's coverage over maritime employment and OSHA's coverage over private employers on military installations and federal parks, and under which OSHA gains coverage over private and tribal employers on U.S. Government- recognized Native American reservations and trust lands.

Federal Register, Volume 82 Issue 105 (Friday, June 2, 2017) 
[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Pages 25631-25632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11422]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0008]


California State Plan; New Operational Status Agreement

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Notice.

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SUMMARY: This document announces a new Operational Status Agreement 
between the Occupational Safety and Health Administration (OSHA) and 
the California State Plan, which specifies the respective areas of 
federal and state authority, and which clarifies California's coverage 
over maritime employment and OSHA's coverage over private employers on 
military installations and federal parks, and under which OSHA gains 
coverage over private and tribal employers on U.S. Government-
recognized Native American reservations and trust lands.

DATES: Effective June 2, 2017.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Francis Meilinger, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue NW., Washington, DC 20210; telephone (202) 693-1999; email: 
[email protected].
    For general and technical information: 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: The California State Plan (Cal/OSHA) 
administers an OSHA-approved State Plan to develop and enforce 
occupational safety and health standards for private-sector and state 
and local government employers pursuant to the provisions of section 18 
of the Occupational Safety and Health

[[Page 25632]]

Act (the Act), 29 U.S.C. 667. The California State Plan received 
initial federal OSHA plan approval on May 1, 1973 (38 FR 10719) and the 
Division of Occupational Safety and Health of the California Department 
of Industrial Relations is designated as the state agency responsible 
for administering the State Plan. On October 3, 1989, an Operational 
Status Agreement was entered into between OSHA and Cal/OSHA whereby 
concurrent federal enforcement authority was suspended with regard to 
federal occupational safety and health standards in issues covered by 
the State Plan. Federal OSHA retained its authority over occupational 
safety and health with regard to federal government employers and 
employees, and employees of the U.S. Postal Service (effective June 9, 
2000). OSHA also retained its authority over private-sector maritime 
employment on the navigable waters of the United States; private-sector 
contractors on federal installations; whistleblower complaints under 
Section 11(c) of the Act; emergency temporary standards; and employers 
manufacturing explosives for the U.S. Department of Defense. Notice of 
this OSA was published in the Federal Register on July 12, 1990 (55 FR 
28613), and there were subsequent minor amendments to the OSA. That 
1990 Federal Register Notice contained a full history of the California 
State Plan.

Notice of New Operational Status Agreement

    OSHA and Cal/OSHA signed a new OSA on April 30, 2014, which 
replaced the prior 1989 OSA. This new OSA clarified that concurrent 
federal enforcement authority would not be initiated with regard to any 
federal occupational safety and health standards in issues covered by 
the State Plan. Under the 2014 OSA, Federal OSHA retained coverage over 
all Federal employees and sites (including the United States Postal 
Service (USPS), USPS contract employees, and contractor-operated 
facilities engaged in USPS mail operations). The OSA also clarified 
that federal OSHA has enforcement authority over private-sector 
employers within the borders of all military installations and within 
U.S. National Parks, National Monuments, National Memorials, and 
National Recreational Areas in California. Further, OSHA gained 
enforcement authority over private-sector and tribal employers within 
U.S. Government-recognized Native American reservations and trust 
lands. Under the 2014 OSA, Federal OSHA retained authority over 
maritime employment (except marine construction on bridges and on 
shore) on the navigable waters of the United States and over 
whistleblower complaints under Section 11(c) of the Act. The 2014 OSA 
also did not contain the language from the 1989 OSA about specific 
elements of the Cal/OSHA program that had achieved operational status.
    Federal OSHA and Cal/OSHA will exercise their respective 
enforcement authority according to the terms of the 2014 OSA between 
OSHA and Cal/OSHA. All terms of the 2014 OSA remain in effect. 
Additional information about this OSA is available at https://www.osha.gov/dcsp/osp/stateprogs/california.html.

Authority and Signature

    Dorothy Dougherty, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 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 (76 FR 
3912), and 29 CFR part 1902 and 1953

    Signed in Washington, DC, on May 25, 2017.
Dorothy Dougherty,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-11422 Filed 6-1-17; 8:45 am]
BILLING CODE 4510-26-P

Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Notices 25631 telephone at 202–693–4129, TTY 202– generally not required to respond to an Total Estimated Number of 693–8064, (these are not toll-free information collection, unless it is Respondents: 47,095. numbers) or sending an email to DOL_ approved by the OMB under the PRA Total Estimated Number of PRA_PUBLIC@dol.gov. and displays a currently valid OMB Responses: 323,511. Submit comments about this request Control Number. In addition, Total Estimated Annual Time Burden: by mail to the Office of Information and notwithstanding any other provisions of 114,492 hours. Regulatory Affairs, Attn: OMB Desk law, no person shall generally be subject Total Estimated Annual Other Costs Officer for DOL–BLS, Office of to penalty for failing to comply with a Burden: $0. Management and Budget, Room 10235, collection of information that does not Dated: May 26, 2017. 725 17th Street NW., Washington, DC display a valid Control Number. See 5 Michel Smyth, 20503; by Fax: 202–395–5806 (this is CFR 1320.5(a) and 1320.6. The DOL Departmental Clearance Officer. not a toll-free number); or by email: obtains OMB approval for this [FR Doc. 2017–11432 Filed 6–1–17; 8:45 am] OIRA_submission@omb.eop.gov. information collection under Control Commenters are encouraged, but not BILLING CODE 4510–24–P Number 1220–0039. The current required, to send a courtesy copy of any approval is scheduled to expire on July comments by mail or courier to the U.S. 31, 2017; however, the DOL notes that Department of Labor-OASAM, Office of DEPARTMENT OF LABOR existing information collection the Chief Information Officer, Attn: requirements submitted to the OMB Occupational Safety and Health Departmental Information Compliance receive a month-to-month extension Administration Management Program, Room N1301, while they undergo review. New 200 Constitution Avenue NW., requirements would only take effect [Docket No. OSHA–2017–0008] Washington, DC 20210; or by email: upon OMB approval. For additional DOL_PRA_PUBLIC@dol.gov. California State Plan; New Operational substantive information about this ICR, FOR FURTHER INFORMATION CONTACT: Status Agreement see the related notice published in the Michel Smyth by telephone at 202–693– Federal Register on March 3, 2017 (82 AGENCY: Occupational Safety and Health 4129, TTY 202–693–8064, (these are not FR 12471). Administration, Department of Labor. toll-free numbers) or sending an email Interested parties are encouraged to ACTION: Notice. to DOL_PRA_PUBLIC@dol.gov. send comments to the OMB, Office of Authority: 44 U.S.C. 3507(a)(1)(D). Information and Regulatory Affairs at SUMMARY: This document announces a the address shown in the ADDRESSES new Operational Status Agreement SUPPLEMENTARY INFORMATION: This ICR section within thirty (30) days of between the Occupational Safety and seeks approval under the PRA for Health Administration (OSHA) and the publication of this notice in the Federal revisions to the Consumer Price Index California State Plan, which specifies Register. In order to help ensure Commodities and Services Survey. The the respective areas of federal and state appropriate consideration, comments Consumer Price Index (CPI) is a measure authority, and which clarifies should mention OMB Control Number of the average change over time in the 1220–0039. The OMB is particularly California’s coverage over maritime prices paid by consumers for a market interested in comments that: employment and OSHA’s coverage over basket of consumer goods and services. • Evaluate whether the proposed private employers on military Each month, BLS data collectors collection of information is necessary installations and federal parks, and (economic assistants) visit or call for the proper performance of the under which OSHA gains coverage over thousands of retail stores, service functions of the agency, including private and tribal employers on U.S. establishments, rental units, and whether the information will have Government-recognized Native doctors’ offices, all over the United practical utility; American reservations and trust lands. States to obtain information on the • Evaluate the accuracy of the prices of the thousands of items used to DATES: Effective June 2, 2017. agency’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: track and measure price changes in the proposed collection of information, CPI. The collection of price data from For press inquiries: Francis Meilinger, including the validity of the OSHA Office of Communications, Room retail establishments is essential for the methodology and assumptions used; timely and accurate calculation of the N–3647, U.S. Department of Labor, 200 • Enhance the quality, utility, and commodities and services component of Constitution Avenue NW., Washington, clarity of the information to be the CPI. The CPI is then widely used as DC 20210; telephone (202) 693–1999; collected; and a measure of inflation, indicator of the • Minimize the burden of the email: meilinger.francis2@dol.gov. effectiveness of government economic For general and technical collection of information on those who policy, deflator for other economic information: Douglas J. Kalinowski, are to respond, including through the series, and as a means of adjusting Director, OSHA Directorate of use of appropriate automated, dollar values. This information Cooperative and State Programs, Room electronic, mechanical, or other collection has been classified as a N–3700, U.S. Department of Labor, 200 technological collection techniques or revision, because the BLS will introduce Constitution Avenue NW., Washington, other forms of information technology, a new geographic area sample for the DC 20210; telephone: (202) 693–2200; e.g., permitting electronic submission of CPI in January 2018. The new sample email: kalinowski.doug@dol.gov. responses. consists of 75 urban areas, while the Agency: DOL–BLS. SUPPLEMENTARY INFORMATION: The current sample consists of 87 urban Title of Collection: Consumer Price California State Plan (Cal/OSHA) nlaroche on DSK30NT082PROD with NOTICES areas. The BLS Authorizing Statute Index Commodities and Services administers an OSHA-approved State authorizes this information collection. Survey. Plan to develop and enforce See 29 U.S.C. 1, 2. OMB Control Number: 1220–0039. occupational safety and health This information collection is subject Affected Public: State, Local, and standards for private-sector and state to the PRA. A Federal agency generally Tribal Governments; and Private and local government employers cannot conduct or sponsor a collection Sector—businesses or other for-profits pursuant to the provisions of section 18 of information, and the public is and not-for-profit institutions. of the Occupational Safety and Health VerDate Sep<11>2014 14:31 Jun 01, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1

25632 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Notices Act (the Act), 29 U.S.C. 667. The (except marine construction on bridges Aeronautics and Space Administration, California State Plan received initial and on shore) on the navigable waters Washington, DC 20546–0001 or federal OSHA plan approval on May 1, of the United States and over Frances.C.Teel@nasa.gov. 1973 (38 FR 10719) and the Division of whistleblower complaints under Section FOR FURTHER INFORMATION CONTACT: Occupational Safety and Health of the 11(c) of the Act. The 2014 OSA also did Requests for additional information or California Department of Industrial not contain the language from the 1989 copies of the information collection Relations is designated as the state OSA about specific elements of the Cal/ instrument(s) and instructions should agency responsible for administering the OSHA program that had achieved be directed to Ms. Frances Teel, NASA State Plan. On October 3, 1989, an operational status. Clearance Officer, NASA Headquarters, Operational Status Agreement was Federal OSHA and Cal/OSHA will 300 E Street SW., JF000, Washington, entered into between OSHA and Cal/ exercise their respective enforcement DC 20546, or Frances.C.Teel@nasa.gov. OSHA whereby concurrent federal authority according to the terms of the SUPPLEMENTARY INFORMATION: enforcement authority was suspended 2014 OSA between OSHA and Cal/ with regard to federal occupational OSHA. All terms of the 2014 OSA I. Abstract safety and health standards in issues remain in effect. Additional information NASA’s Ames Research Center, covered by the State Plan. Federal about this OSA is available at https:// Human Systems Integration Division OSHA retained its authority over www.osha.gov/dcsp/osp/stateprogs/ manages the NASA Aviation Safety occupational safety and health with california.html. Reporting System (ASRS) under an regard to federal government employers Authority and Signature Interagency Agreement with the Federal and employees, and employees of the Dorothy Dougherty, Assistant Aviation Administration (FAA). U.S. Postal Service (effective June 9, Secretary of Labor for Occupational The Aviation Safety Reporting System 2000). OSHA also retained its authority over private-sector maritime Safety and Health, U.S. Department of (ASRS) is an open, voluntary reporting employment on the navigable waters of Labor, authorized the preparation of this system for any person in National the United States; private-sector notice. OSHA is issuing this notice Airspace System to report safety contractors on federal installations; under the authority specified by section incidents, events, or situations. whistleblower complaints under Section 18 of the Occupational Safety and Respondents include but are not limited 11(c) of the Act; emergency temporary Health Act of 1970 (29 U.S.C. 667), to commercial and general aviation standards; and employers Secretary of Labor’s Order No. 1–2012 pilots, air traffic controllers, flight manufacturing explosives for the U.S. (76 FR 3912), and 29 CFR part 1902 and attendants, maintenance technicians, Department of Defense. Notice of this 1953 dispatchers, and other members of the OSA was published in the Federal public. The ASRS database is a public Signed in Washington, DC, on May 25, repository which serves the FAA, Register on July 12, 1990 (55 FR 28613), 2017. and there were subsequent minor NASA, and other organizations world- Dorothy Dougherty, wide which are engaged in research and amendments to the OSA. That 1990 Assistant Secretary of Labor for Occupational the promotion of safe flight. ASRS data Federal Register Notice contained a full Safety and Health. history of the California State Plan. are used to (1) Identify deficiencies and [FR Doc. 2017–11422 Filed 6–1–17; 8:45 am] discrepancies in the National Aviation Notice of New Operational Status BILLING CODE 4510–26–P System (NAS) so that these can be Agreement remedied by appropriate authorities, (2) OSHA and Cal/OSHA signed a new Support policy formulation and OSA on April 30, 2014, which replaced NATIONAL AERONAUTICS AND planning for, and improvements to, the the prior 1989 OSA. This new OSA SPACE ADMINISTRATION NAS, and, (3) Strengthen the foundation clarified that concurrent federal of aviation human factors safety [Notice: (17–031)] enforcement authority would not be research. Respondents are not initiated with regard to any federal Notice of Information Collection reimbursed for associated cost to occupational safety and health provide the information. Comments standards in issues covered by the State AGENCY: National Aeronautics and submitted in response to this notice will Plan. Under the 2014 OSA, Federal Space Administration (NASA). be summarized and included in the OSHA retained coverage over all ACTION: Notice of information collection. request for OMB approval of this Federal employees and sites (including information collection. They will also the United States Postal Service (USPS), SUMMARY: The National Aeronautics and become a matter of public record. USPS contract employees, and Space Administration, as part of its continuing effort to reduce paperwork II. Method of Collection contractor-operated facilities engaged in USPS mail operations). The OSA also and respondent burden, invites the NASA collects this information clarified that federal OSHA has general public and other Federal electronically and that is the preferred enforcement authority over private- agencies to take this opportunity to manner, however information may also sector employers within the borders of comment on proposed and/or be collected via mail or fax. all military installations and within U.S. continuing information collections, as required by the Paperwork Reduction III. Data National Parks, National Monuments, National Memorials, and National Act of 1995. Title: NASA Aviation Safety Recreational Areas in California. DATES: All comments should be Reporting System. nlaroche on DSK30NT082PROD with NOTICES Further, OSHA gained enforcement submitted within 60 calendar days from OMB Number: 2700–XXXX. authority over private-sector and tribal the date of this publication. Type of Review: Existing Information employers within U.S. Government- ADDRESSES: Interested persons are Collection in use without OMB recognized Native American invited to submit written comments on Approval. reservations and trust lands. Under the the proposed information collection to Affected Public: Individuals. 2014 OSA, Federal OSHA retained NASA Paperwork Reduction Act Estimated Number of Respondents: authority over maritime employment Clearance Officer, Code JF000, National 92,228. VerDate Sep<11>2014 14:31 Jun 01, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1


Document Created: 2017-06-02 00:38:22
Document Modified: 2017-06-02 00:38:22
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.
DatesEffective June 2, 2017.
ContactFor press inquiries: Francis Meilinger, OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-1999; email: [email protected]
FR Citation82 FR 25631 
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