82 FR 58450 - Minnesota State Plan; Changes in Level of Federal Enforcement: Employment on Indian Reservations and Twin Cities Army Ammunition Plant, and Coverage Clarifications

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 237 (December 12, 2017)

Page Range		58450-58450
FR Document		2017-26676

This document gives notice of OSHA's approval of changes to the State of Minnesota's Occupational Safety and Health State Plan that specify that non-Indian private- sector employment within an Indian reservation or on lands held in trust by the Federal Government, and employment on land formerly occupied by the Twin Cities Army Ammunition Plant, are included in its State Plan, and that make other minor coverage clarifications.

Federal Register, Volume 82 Issue 237 (Tuesday, December 12, 2017)

[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Notices]
[Page 58450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26676]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0011]


Minnesota State Plan; Changes in Level of Federal Enforcement: 
Employment on Indian Reservations and Twin Cities Army Ammunition 
Plant, and Coverage Clarifications

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

ACTION: Notice.

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SUMMARY: This document gives notice of OSHA's approval of changes to 
the State of Minnesota's Occupational Safety and Health State Plan that 
specify that non-Indian private- sector employment within an Indian 
reservation or on lands held in trust by the Federal Government, and 
employment on land formerly occupied by the Twin Cities Army Ammunition 
Plant, are included in its State Plan, and that make other minor 
coverage clarifications.

DATES: Applicable Date: December 12, 2017.

FOR FURTHER INFORMATION CONTACT:  For press inquiries, contact Francis 
Meilinger, Director, OSHA Office of Communications, U.S. Department of 
Labor; telephone: (202) 693-1999; email: [email protected].
    For general and technical information, contact Douglas J. 
Kalinowski, Director, OSHA Directorate of Cooperative and State 
Programs, U.S. Department of Labor; 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 Minnesota State Plan was initially approved under Section 18(b) 
of the OSHA Act. 38 FR 15077 (June 8, 1973). The State Plan later 
received final approval. 50 FR 30832 (July 30, 1985). The Minnesota 
State Plan is administered by the Minnesota Department of Labor and 
Industry, Minnesota Occupational Safety and Health Administration 
(MNOSHA). Under the Plan, MNOSHA covers state and local government 
employers and private-sector employers with certain exceptions. 
Originally, one of the exceptions was employment at the Twin Cities 
Army Ammunition Plant, which Federal OSHA covered because the United 
States had exclusive federal jurisdiction over the site. 50 FR 30832 
(July 30, 1985). Later, another exception was added for tribal and 
private-sector employment within any Indian reservation in the State, 
which Federal OSHA also covered. 61 FR 36824 (July 15, 1996).
    With the decommissioning and removal of the Twin Cities Army 
Ammunition Plant, MNOSHA requested that the exception to the State 
Plan's coverage for the plant be eliminated. The land on which the 
plant stood was transferred to the county and as such, private-sector 
employment on this land would fall under the State Plan's area of 
coverage. However, Federal OSHA continues to cover employment on land 
adjacent to the land transferred to the county because that adjacent 
land continues to be under exclusive federal jurisdiction. Federal OSHA 
granted this request.
    MNOSHA also requested that the exception to the State Plan for 
tribal and private-sector employment on Indian reservations and lands 
held in trust by the Federal Government be changed so that MNOSHA could 
cover non-Indian private-sector employment in these areas. Federal OSHA 
continues to cover establishments owned or operated by Indian tribes or 
by enrolled members of Indian tribes. This approach to coverage is 
consistent with case law on federal and state authority over Indian 
lands. Federal OSHA granted this request.
    These changes are reflected on the Federal OSHA web page for 
MNOSHA, http://www.osha.gov/dcsp/osp/stateprogs/minnesota.html. In 
addition, that web page was updated to include two longstanding 
coverage features of the Minnesota State Plan which are also common to 
other State Plans. 50 FR 30832 (July 30, 1985). Federal OSHA covers any 
hazard, industry, geographical area, operation or facility over which 
the State is unable to effectively exercise jurisdiction for reasons 
unrelated to the required performance or structure of the plan. Federal 
OSHA also covers Federal Government employers. Additionally, Federal 
OSHA covers the United States Postal Service (USPS). 65 FR 36622 (June 
9, 2000).

Authority and Signature

    Loren Sweatt, Deputy 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 (77 FR 
3912), and 29 CFR parts 1902 and 1953.

    Signed in Washington, DC, on December 1, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-26676 Filed 12-11-17; 8:45 am]
 BILLING CODE 4510-26-P

58450 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Notices

et seq.) and Secretary of Labor’s Order The Minnesota State Plan was performance or structure of the plan.
No. 1–2012 (77 FR 3912). initially approved under Section 18(b) Federal OSHA also covers Federal
Signed at Washington, DC, on December 6, of the OSHA Act. 38 FR 15077 (June 8, Government employers. Additionally,
2017. 1973). The State Plan later received final Federal OSHA covers the United States
Loren Sweatt, approval. 50 FR 30832 (July 30, 1985). Postal Service (USPS). 65 FR 36622
The Minnesota State Plan is (June 9, 2000).
Deputy Assistant Secretary of Labor for
Occupational Safety and Health. administered by the Minnesota
Department of Labor and Industry, Authority and Signature
[FR Doc. 2017–26719 Filed 12–11–17; 8:45 am]
Minnesota Occupational Safety and Loren Sweatt, Deputy Assistant
BILLING CODE 4510–26–P
Health Administration (MNOSHA). Secretary of Labor for Occupational
Under the Plan, MNOSHA covers state Safety and Health, U.S. Department of
DEPARTMENT OF LABOR and local government employers and Labor, authorized the preparation of this
private-sector employers with certain notice. OSHA is issuing this notice
Occupational Safety and Health exceptions. Originally, one of the under the authority specified by section
Administration exceptions was employment at the Twin 18 of the Occupational Safety and
Cities Army Ammunition Plant, which Health Act of 1970 (29 U.S.C. 667),
[Docket No. OSHA–2017–0011] Federal OSHA covered because the Secretary of Labor’s Order No. 1–2012
United States had exclusive federal (77 FR 3912), and 29 CFR parts 1902
Minnesota State Plan; Changes in jurisdiction over the site. 50 FR 30832 and 1953.
Level of Federal Enforcement: (July 30, 1985). Later, another exception Signed in Washington, DC, on December 1,
Employment on Indian Reservations was added for tribal and private-sector 2017.
and Twin Cities Army Ammunition employment within any Indian Loren Sweatt,
Plant, and Coverage Clarifications reservation in the State, which Federal
Deputy Assistant Secretary of Labor for
OSHA also covered. 61 FR 36824 (July Occupational Safety and Health.
AGENCY: Occupational Safety and Health 15, 1996).
Administration (OSHA), Department of [FR Doc. 2017–26676 Filed 12–11–17; 8:45 am]
With the decommissioning and
Labor. removal of the Twin Cities Army BILLING CODE 4510–26–P

ACTION: Notice. Ammunition Plant, MNOSHA requested
that the exception to the State Plan’s
SUMMARY: This document gives notice of coverage for the plant be eliminated. DEPARTMENT OF LABOR
OSHA’s approval of changes to the State The land on which the plant stood was
of Minnesota’s Occupational Safety and Occupational Safety and Health
transferred to the county and as such, Administration
Health State Plan that specify that non- private-sector employment on this land
Indian private- sector employment would fall under the State Plan’s area of [Docket No. OSHA–2011–0057]
within an Indian reservation or on lands coverage. However, Federal OSHA
held in trust by the Federal continues to cover employment on land Excavations (Design of Cave-in
Government, and employment on land adjacent to the land transferred to the Protection Systems); Extension of the
formerly occupied by the Twin Cities county because that adjacent land Office of Management and Budget’s
Army Ammunition Plant, are included continues to be under exclusive federal (OMB) Approval of Information
in its State Plan, and that make other jurisdiction. Federal OSHA granted this Collection (Paperwork) Requirements
minor coverage clarifications. request. AGENCY: Occupational Safety and Health
DATES: Applicable Date: December 12, MNOSHA also requested that the Administration (OSHA), Labor.
2017. exception to the State Plan for tribal and
private-sector employment on Indian ACTION: Request for public comments.
FOR FURTHER INFORMATION CONTACT: For reservations and lands held in trust by
press inquiries, contact Francis SUMMARY: OSHA solicits public
the Federal Government be changed so comments concerning its proposal to
Meilinger, Director, OSHA Office of that MNOSHA could cover non-Indian
Communications, U.S. Department of extend OMB approval of the
private-sector employment in these information collection requirements
Labor; telephone: (202) 693–1999; areas. Federal OSHA continues to cover
email: meilinger.francis2@dol.gov. contained in the Standard on
establishments owned or operated by Excavations (Design of Cave-in
For general and technical information, Indian tribes or by enrolled members of
contact Douglas J. Kalinowski, Director, Protection Systems).
Indian tribes. This approach to coverage
OSHA Directorate of Cooperative and is consistent with case law on federal DATES: Comments must be submitted
State Programs, U.S. Department of and state authority over Indian lands. (postmarked, sent, or received) by
Labor; telephone: (202) 693–2200; Federal OSHA granted this request. February 12, 2018.
email: kalinowski.doug@dol.gov. These changes are reflected on the ADDRESSES:
SUPPLEMENTARY INFORMATION: Section 18 Federal OSHA web page for MNOSHA, Electronically: You may submit
of the Occupational Safety and Health http://www.osha.gov/dcsp/osp/ comments and attachments
Act of 1970, 29 U.S.C. 667 (OSH Act), stateprogs/minnesota.html. In addition, electronically at http://
provides that States that wish to assume that web page was updated to include www.regulations.gov, which is the
responsibility for developing and two longstanding coverage features of Federal eRulemaking Portal. Follow the
enforcing their own occupational safety the Minnesota State Plan which are also instructions online for submitting
ethrower on DSK3G9T082PROD with NOTICES

and health standards may do so by common to other State Plans. 50 FR comments.
submitting and obtaining federal 30832 (July 30, 1985). Federal OSHA Facsimile: If your comments,
approval of a State Plan. State Plan covers any hazard, industry, including attachments, are not longer
approval occurs in stages that include geographical area, operation or facility than 10 pages, you may fax them to the
initial approval under Section 18(c) of over which the State is unable to OSHA Docket Office at (202) 693–1648.
the Act and, ultimately, final approval effectively exercise jurisdiction for Mail, hand delivery, express mail,
under Section 18(e). reasons unrelated to the required messenger, or courier service: When

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Document Created: 2018-10-25 10:48:45
Document Modified: 2018-10-25 10:48:45

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		Notices
Action		Notice.
Dates		Applicable Date: December 12, 2017.
Contact		For press inquiries, contact Francis Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor; telephone: (202) 693-1999; email: [email protected]
FR Citation		82 FR 58450

82 FR 58450 - Minnesota State Plan; Changes in Level of Federal Enforcement: Employment on Indian Reservations and Twin Cities Army Ammunition Plant, and Coverage Clarifications

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 82, Issue 237 (December 12, 2017)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration