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.

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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, mstockstill on DSK3G9T082PROD with NOTICES 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 VerDate Sep<11>2014 19:02 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1

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 VerDate Sep<11>2014 19:02 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1


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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