82_FR_7880 82 FR 7867 - Michigan State Plan; Change in Level of Federal Enforcement: Marine Construction

82 FR 7867 - Michigan State Plan; Change in Level of Federal Enforcement: Marine Construction

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range7867-7868
FR Document2017-01414

This document gives notice of OSHA's approval of a change to the State of Michigan's Occupational Safety and Health State Plan that clarifies that marine construction is included in its State Plan. Therefore, OSHA announces an amendment to the Operational Status Agreement between OSHA and the Michigan State Plan to clarify Michigan's coverage of marine construction.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7867-7868]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01414]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0003]


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

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document gives notice of OSHA's approval of a change to 
the State of Michigan's Occupational Safety and Health State Plan that 
clarifies that marine construction is included in its State Plan. 
Therefore, OSHA announces an amendment to the Operational Status

[[Page 7868]]

Agreement between OSHA and the Michigan State Plan to clarify 
Michigan's coverage of marine construction.

DATES: Effective Date: January 23, 2017.

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: meilinger.francis2@dol.gov.
    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: 
kalinowski.doug@dol.gov.

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 Michigan State Plan was initially approved under Section 18(b) 
of the OSH Act and 29 CFR part 1902 on September 24, 1973 (38 FR 27388, 
October 3, 1973). The Michigan State Plan is administered by the 
Michigan Department of Licensing and Regulatory Affairs, Michigan 
Occupational Safety and Health Administration (MIOSHA). On January 6, 
1977, an Operational Status Agreement was entered into between OSHA and 
the Michigan State Plan agency whereby concurrent federal enforcement 
authority was suspended with regard to most federal occupational safety 
and health standards in issues covered by the state's OSHA-approved 
occupational safety and health plan. Federal OSHA retained its 
authority over safety and health in private sector maritime employment, 
with regard to federal government employers and employees, and 
employees of the U.S. Postal Services (effective June 9, 2000), and 
employers who are enrolled members of Indian tribes and who own or 
operate businesses located within the boundaries of Indian 
reservations.
    MIOSHA has covered construction since the Plan's inception. A legal 
issue has arisen as to whether employees engaged in marine construction 
are covered by the Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 901 et seq.) and thus were included in Federal OSHA's coverage 
of maritime employment. MIOSHA requested that its coverage be clarified 
to explicitly include coverage over marine construction. OSHA and 
MIOSHA have agreed to amendments to the State Plan's Operational Status 
Agreement (OSA) that clarify that the exclusion of private sector 
maritime employment from the State Plan does not include marine 
construction, and the State Plan's coverage of construction includes 
marine construction. The amendment was signed on July 25, 2016. All 
other terms of the OSA remain in effect.

Authority and Signature

    David Michaels, Ph.D., MPH, 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.

    Dated: January 9, 2017.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health
[FR Doc. 2017-01414 Filed 1-19-17; 8:45 am]
 BILLING CODE 4510-26-P



                                                                                     Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices                                                     7867

                                                  II. Final Decision and Order                                 Japan as listed above. OSHA’s                            Program’s List of Appropriate Test
                                                                                                               recognition of these sites limits                        Standards. The Agency evaluated the
                                                    OSHA staff examined TUVRNA’s                               TUVRNA to performing product testing                     standard to (1) verify it represents a
                                                  expansion application, conducted a                           and certifications only to the test                      product category for which OSHA
                                                  detailed on-site assessment, and                             standards for which the site has the                     requires certification by an NRTL, (2)
                                                  examined other pertinent information.                        proper capability and programs, and for                  verify the document represents an end
                                                  Based on its review of this evidence,                        test standards in TUVRNA’s scope of                      product and not a component, and (3)
                                                  OSHA finds that TUVRNA meets the                             recognition. This limitation is consistent               verify the document defines safety test
                                                  requirements of 29 CFR 1910.7 for                            with the recognition that OSHA grants                    specifications (not installation or
                                                  expansion of its recognition, subject to                     to other NRTLs that operate multiple
                                                  the limitations and conditions listed                                                                                 operational performance specifications).
                                                                                                               sites. OSHA further limits the expansion
                                                  below. OSHA, therefore, is proceeding                                                                                 Based on this evaluation, OSHA finds
                                                                                                               of TUVRNA’s recognition to testing and
                                                  with this final notice to grant                              certification of products for                            that it is an appropriate test standard
                                                  TUVRNA’s scope of recognition. OSHA                          demonstration of conformance to the                      and has added the standard to the NRTL
                                                  limits the expansion of TUVRNA’s                             test standards listed in Table 1 below.                  Program’s List of Appropriate Test
                                                  recognition to include the sites at TUV                         Additionally, Table 2, below, lists the               Standards.
                                                  Cologne, Germany and TUV Yokohama,                           test standard new to the NRTL

                                                        TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN TUVRNA’S NRTL SCOPE OF RECOGNITION
                                                                Test standard                                                                           Test standard title

                                                  UL 62368–1 ....................................    Audio/video, information and technology equipment—Part 1: Safety Requirements.
                                                  UL 1004–1 ......................................   Standard for Rotating Electrical Machines—General Requirements.
                                                  UL 62109–1 * ..................................    Standard for Safety of power converters for use in photovoltaic power systems—Part 1: General require-
                                                                                                       ments.
                                                     * Represents the standard that OSHA will add to the NRTL List of Appropriate Test Standards.

                                                        TABLE 2—TEST STANDARD OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS
                                                                Test standard                                                                           Test standard title

                                                  UL 62109–1 ....................................    Standard for Safety of power converters for use in photovoltaic power systems—Part 1: General require-
                                                                                                       ments.



                                                     OSHA’s recognition of any NRTL for                        TUVRNA also must abide by the                            1–2012 (77 FR 3912, Jan. 25, 2012), and
                                                  a particular test standard is limited to                     following conditions of the recognition:                 29 CFR 1910.7.
                                                  equipment or materials for which OSHA                           1. TUVRNA must inform OSHA as                           Signed at Washington, DC, on January 11,
                                                  standards require third-party testing and                    soon as possible, in writing, of any                     2017.
                                                  certification before using them in the                       change of ownership, facilities, or key                  David Michaels,
                                                  workplace. Consequently, if a test                           personnel, and of any major change in                    Assistant Secretary of Labor for Occupational
                                                  standard also covers any products for                        its operations as an NRTL, and provide                   Safety and Health.
                                                  which OSHA does not require such                             details of the change(s);                                [FR Doc. 2017–01409 Filed 1–19–17; 8:45 am]
                                                  testing and certification, an NRTL’s                            2. TUVRNA must meet all the terms
                                                                                                                                                                        BILLING CODE 4510–26–P
                                                  scope of recognition does not include                        of its recognition and comply with all
                                                  these products.                                              OSHA policies pertaining to this
                                                                                                               recognition; and                                         DEPARTMENT OF LABOR
                                                     The American National Standards
                                                                                                                  3. TUVRNA must continue to meet
                                                  Institute (ANSI) may approve the test
                                                                                                               the requirements for recognition,                        Occupational Safety and Health
                                                  standards listed above as American
                                                                                                               including all previously published                       Administration
                                                  National Standards. However, for
                                                                                                               conditions on TUVRNA’s scope of
                                                  convenience, we may use the                                                                                           [Docket No. OSHA–2017–0003]
                                                                                                               recognition, in all areas for which it has
                                                  designation of the standards-developing
                                                                                                               recognition.                                             Michigan State Plan; Change in Level
                                                  organization for the standard as opposed
                                                                                                                  Pursuant to the authority in 29 CFR                   of Federal Enforcement: Marine
                                                  to the ANSI designation. Under the
                                                                                                               1910.7, OSHA hereby expands the                          Construction
                                                  NRTL Program’s policy (see OSHA
                                                                                                               recognition of TUVRNA, subject to the
                                                  Instruction CPL 1–0.3, Appendix C,
                                                                                                               limitations and conditions specified                     AGENCY: Occupational Safety and Health
                                                  paragraph XIV), any NRTL recognized                                                                                   Administration (OSHA), Department of
                                                                                                               above.
                                                  for a particular test standard may use                                                                                Labor.
                                                  either the proprietary version of the test                   III. Authority and Signature
                                                                                                                                                                        ACTION: Notice.
                                                  standard or the ANSI version of that                            David Michaels, Ph.D., MPH,
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                                                  standard. Contact ANSI to determine                          Assistant Secretary of Labor for                         SUMMARY:  This document gives notice of
                                                  whether a test standard is currently                         Occupational Safety and Health, 200                      OSHA’s approval of a change to the
                                                  ANSI-approved.                                               Constitution Avenue NW., Washington,                     State of Michigan’s Occupational Safety
                                                  A. Conditions                                                DC 20210, authorized the preparation of                  and Health State Plan that clarifies that
                                                                                                               this notice. Accordingly, the Agency is                  marine construction is included in its
                                                    In addition to those conditions                            issuing this notice pursuant to 29 U.S.C.                State Plan. Therefore, OSHA announces
                                                  already required by 29 CFR 1910.7,                           657(g)(2), Secretary of Labor’s Order No.                an amendment to the Operational Status


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                                                  7868                          Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices

                                                  Agreement between OSHA and the                          901 et seq.) and thus were included in                    General and technical information:
                                                  Michigan State Plan to clarify                          Federal OSHA’s coverage of maritime                    Contact Mr. Kevin Robinson, Director,
                                                  Michigan’s coverage of marine                           employment. MIOSHA requested that                      Office of Technical Programs and
                                                  construction.                                           its coverage be clarified to explicitly                Coordination Activities, Directorate of
                                                  DATES: Effective Date: January 23, 2017.                include coverage over marine                           Technical Support and Emergency
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          construction. OSHA and MIOSHA have                     Management, Occupational Safety and
                                                     For press inquiries, contact Francis                 agreed to amendments to the State                      Health Administration, U.S. Department
                                                  Meilinger, Director, Office of                          Plan’s Operational Status Agreement                    of Labor, 200 Constitution Avenue NW.,
                                                  Communications, Room N–3647, OSHA,                      (OSA) that clarify that the exclusion of               Room N–3655, Washington, DC 20210;
                                                  U.S. Department of Labor, 200                           private sector maritime employment                     telephone: (202) 693–2110; email:
                                                  Constitution Avenue NW., Washington,                    from the State Plan does not include                   robinson.kevin@dol.gov. OSHA’s Web
                                                  DC 20210; telephone: (202) 693–1999;                    marine construction, and the State                     page includes information about the
                                                  email: meilinger.francis2@dol.gov.                      Plan’s coverage of construction includes               NRTL Program (see http://
                                                     For general and technical information,               marine construction. The amendment                     www.osha.gov/dts/otpca/nrtl/
                                                  contact Douglas J. Kalinowski, Director,                was signed on July 25, 2016. All other                 index.html).
                                                  Directorate of Cooperative and State                    terms of the OSA remain in effect.                     SUPPLEMENTARY INFORMATION:
                                                  Programs, Room N–3700, OSHA, U.S.                       Authority and Signature
                                                  Department of Labor, 200 Constitution                                                                          I. Notice of Final Decision
                                                  Avenue NW., Washington, DC 20210;                          David Michaels, Ph.D., MPH,                            OSHA hereby gives notice of the
                                                  telephone: (202) 693–2200; email:                       Assistant Secretary of Labor for                       expansion of the scope of recognition of
                                                  kalinowski.doug@dol.gov.                                Occupational Safety and Health, U.S.                   Curtis-Strauss LLC (CSL), as an NRTL.
                                                                                                          Department of Labor, authorized the                    CSL’s expansion covers the addition of
                                                  SUPPLEMENTARY INFORMATION: Section 18
                                                                                                          preparation of this notice. OSHA is                    sixteen (16) test standards to its scope
                                                  of the Occupational Safety and Health                   issuing this notice under the authority
                                                  Act of 1970, 29 U.S.C. 667 (OSH Act),                                                                          of recognition.
                                                                                                          specified by Section 18 of the                            OSHA recognition of an NRTL
                                                  provides that states that wish to assume
                                                                                                          Occupational Safety and Health Act of                  signifies that the organization meets the
                                                  responsibility for developing and
                                                                                                          1970 (29 U.S.C. 667), Secretary of                     requirements specified by 29 CFR
                                                  enforcing their own occupational safety
                                                                                                          Labor’s Order No. 1–2012 (77 FR 3912),                 1910.7. Recognition is an
                                                  and health standards may do so by
                                                                                                          and 29 CFR parts 1902 and 1953.                        acknowledgment that the organization
                                                  submitting and obtaining federal
                                                  approval of a State Plan. State Plan                      Dated: January 9, 2017.                              can perform independent safety testing
                                                  approval occurs in stages that include                  David Michaels,                                        and certification of the specific products
                                                  initial approval under Section 18(c) of                 Assistant Secretary of Labor for Occupational          covered within its scope of recognition
                                                  the Act and, ultimately, final approval                 Safety and Health                                      and is not a delegation or grant of
                                                  under Section 18(e).                                    [FR Doc. 2017–01414 Filed 1–19–17; 8:45 am]            government authority. As a result of
                                                     The Michigan State Plan was initially                BILLING CODE 4510–26–P                                 recognition, employers may use
                                                  approved under Section 18(b) of the                                                                            products properly approved by the
                                                  OSH Act and 29 CFR part 1902 on                                                                                NRTL to meet OSHA standards that
                                                  September 24, 1973 (38 FR 27388,                        DEPARTMENT OF LABOR                                    require testing and certification of the
                                                  October 3, 1973). The Michigan State                                                                           products.
                                                  Plan is administered by the Michigan                    Occupational Safety and Health                            The Agency processes applications by
                                                  Department of Licensing and Regulatory                  Administration                                         an NRTL for initial recognition, or for
                                                  Affairs, Michigan Occupational Safety                   [Docket No. OSHA–2009–0026]                            expansion or renewal of this
                                                  and Health Administration (MIOSHA).                                                                            recognition, following requirements in
                                                  On January 6, 1977, an Operational                      Curtis-Strauss LLC: Grant of                           Appendix A to 29 CFR 1910.7. This
                                                  Status Agreement was entered into                       Expansion of Recognition                               appendix requires that the Agency
                                                  between OSHA and the Michigan State                                                                            publish two notices in the Federal
                                                  Plan agency whereby concurrent federal                  AGENCY: Occupational Safety and Health                 Register in processing an application. In
                                                  enforcement authority was suspended                     Administration (OSHA), Labor.                          the first notice, OSHA announces the
                                                  with regard to most federal occupational                ACTION: Notice.                                        application and provides its preliminary
                                                  safety and health standards in issues                                                                          finding and, in the second notice, the
                                                  covered by the state’s OSHA-approved                    SUMMARY:   In this notice, OSHA                        Agency provides its final decision on
                                                  occupational safety and health plan.                    announces its final decision to expand                 the application. These notices set forth
                                                  Federal OSHA retained its authority                     the scope of recognition for Curtis-                   the NRTL’s scope of recognition or
                                                  over safety and health in private sector                Strauss LLC, as a Nationally Recognized                modifications of that scope. OSHA
                                                  maritime employment, with regard to                     Testing Laboratory (NRTL).                             maintains an informational Web page
                                                  federal government employers and                        DATES: The expansion of the scope of                   for each NRTL that details its scope of
                                                  employees, and employees of the U.S.                    recognition becomes effective on                       recognition. These pages are available
                                                  Postal Services (effective June 9, 2000),               January 23, 2017.                                      from the Agency’s Web site at http://
                                                  and employers who are enrolled                          FOR FURTHER INFORMATION CONTACT:                       www.osha.gov/dts/otpca/nrtl/
                                                  members of Indian tribes and who own                    Information regarding this notice is                   index.html.
                                                  or operate businesses located within the                available from the following sources:                     CSL submitted four applications, each
mstockstill on DSK3G9T082PROD with NOTICES




                                                  boundaries of Indian reservations.                         Press inquiries: Contact Mr. Frank                  dated December 29, 2015 (OSHA–2009–
                                                     MIOSHA has covered construction                      Meilinger, Director, OSHA Office of                    0026–0065; OSHA–2009–0026–0066;
                                                  since the Plan’s inception. A legal issue               Communications, U.S. Department of                     OSHA–2009–0026–0069; OSHA–2009–
                                                  has arisen as to whether employees                      Labor, 200 Constitution Avenue NW.,                    0026–0068), to expand its recognition to
                                                  engaged in marine construction are                      Room N–3647, Washington, DC 20210;                     include 16 additional test standards.
                                                  covered by the Longshore and Harbor                     telephone: (202) 693–1999; email:                      OSHA staff performed a comparability
                                                  Workers’ Compensation Act (33 U.S.C.                    meilinger.francis2@dol.gov.                            analysis and reviewed other pertinent


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Document Created: 2017-01-20 01:30:37
Document Modified: 2017-01-20 01:30:37
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 Date: January 23, 2017.
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 Citation82 FR 7867 

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