[Federal Register Volume 62, Number 185 (Wednesday, September 24, 1997)]
[Rules and Regulations]
[Pages 49910-49912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25306]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
New Mexico State Plan; Approval of Plan Supplement; Change in
Level of Federal Enforcement: Military Facilities and Indian
Reservations
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Final rule.
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SUMMARY: This document gives notice of the approval of a State-
initiated plan change and resumption of Federal enforcement
responsibility in the State of New Mexico over private sector
employment on military facilities and bases, and, to the extent
permitted by applicable law, over tribal or private sector employment
within any Indian reservation or lands under the control of a tribal
government.
OSHA is hereby amending its regulations on approved plans to
reflect this change to the level of Federal enforcement authority in
New Mexico.
EFFECTIVE DATE: September 24, 1997.
FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, Director, Office of
Information and Consumer Affairs, Occupational Safety and Health
Administration, U.S. Department of Labor, Room, N-3637, 200
Constitution Avenue, N.W., Washington, D.C. 20210, (202) 219-8148.
SUPPLEMENTARY INFORMATION:
A. Background
Section 18 of the Occupational Safety and Health Act of 1970 (The
Act), 29 U.S.C. 667, provides that States which 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
which include initial approval under section 18(c) of the Act and,
ultimately, final approval under section 18(e). In the interim, between
initial approval and final approval, there is a period of concurrent
Federal/State jurisdiction within a State operating an approved plan.
See 29 CFR 1954.3 for guidelines and procedures.
The New Mexico Occupational Health and Safety State plan was
approved under section 18(c) of the Act of 1970 and part 1902 of this
chapter on December 10, 1975 (40 FR 57455), and certified by OSHA as
having completed all of its developmental steps on December 4, 1984 (49
FR 48915). On December 5, 1981, OSHA and the State of New Mexico
entered into an Operational Status Agreement which suspended the
exercise of Federal concurrent enforcement authority in all except
specifically identified areas. The pertinent provisions concerning the
level of Federal enforcement in the State are codified at 29 CFR
1952.365.
By letter dated January 3, 1997, from Sam A. Rogers, Bureau Chief,
Occupational Health and Safety Bureau, New Mexico Environment
Department, to OSHA Regional Administrator Emzell Blanton, Jr., the
State of New Mexico has requested that Federal OSHA to resume
enforcement authority over private sector employment on military
facilities and bases and, over tribal or private sector employment
within any Indian reservation or lands under the control of a tribal
government. After extensive research which identified numerous problems
with regard to the exercise of New Mexico occupational health and
safety enforcement authority, the State of New Mexico, for
administrative convenience, will exclude coverage of all private sector
employment on Federal military lands and facilities, including but not
limited to Kirkland Air Force Base, Fort Bliss Military Reservation,
White Sands Missile Range Military Reservation, Holloman Air Force
Base, Cannon Air Force Base, Fort Wingate Military Reservation, Fort
Bayard Veterans' Hospital, Albuquerque Veterans' Hospital, Santa Fe
National Cemetery, etc., from under its State plan. In addition, since
all of New Mexico's Indian tribes have treaties with the Federal
Government and the applicability of State laws and jurisdiction on
tribal reservations and other Indian owned land have been questionable
at best, New Mexico will also exclude tribal or private sector
employment within any Indian reservation or lands under the control of
a tribal government from coverage under its State plan.
[[Page 49911]]
B. Location of Supplement for Inspection and Copying
A copy of the plan supplement, along with the approved plan, may be
inspected and copied during normal business hours at the following
locations: Office of the Regional Administrator, U.S. Department of
Labor-OSHA, 525 Griffin Street, Room 602, Dallas, Texas 75202; Office
of the Secretary, Environment Department, 1190 St. Francis Drive, Room
2200-North, Santa Fe, New Mexico 87503; and the Office of State
Programs, 200 Constitution Avenue, N.W., Room N3700, Washington, D.C.
20210. For electronic copies of this notice, contact OSHA's WebPage at
http://www.osha.gov/.
C. Public Participation
Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe
alternative procedures to expedite the review process or for other good
cause which may be consistent with applicable laws. To assure worker
protection under the OSH Act, the Assistant Secretary finds that New
Mexico's State-initiated plan change requesting that Federal OSHA
resume enforcement authority in New Mexico over private sector
employment on military facilities and bases, and, to the extent
permitted by applicable law, over tribal or private sector employment
within any Indian reservation or lands under the control of a tribal
government, is consistent with Federal requirements, and with
commitments contained in the plan and previously made available for
public comment. Good cause is therefore found for approval of this plan
supplement, and further public participation is unnecessary.
D. Decision
After careful consideration, OSHA is approving under Part 1953 of
this chapter, the New Mexico State-initiated plan change concerning the
level of Federal enforcement authority, as described in the 1981 New
Mexico Operational Status Agreement. Concurrently, OSHA is announcing
its resumption of Federal enforcement authority in New Mexico over the
coverage of private sector employment on Federal military facilities
and bases, and, to the extent permitted by applicable law, over tribal
or private sector employment within any Indian reservation or lands
under the control of a tribal government. OSHA is hereby amending 29
CFR part 1952, Subpart DD, to reflect this change in the level of
Federal enforcement and to revise the format.
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law enforcement, Occupational safety
and health.
This document was prepared under the direction of Greg Watchman,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
It is issued under Section 18 of the OSH Act (29 U.S.C. 667), 29 CFR
part 1902, and Secretary of Labor's Order No. 1-90 (55 FR 9033).
Signed at Washington, DC, this 18th day of September 1997.
Greg Watchman,
Acting Assistant Secretary of Labor.
For the reasons set out in the preamble 29 CFR part 1952, Subpart
DD (New Mexico) is hereby amended as set forth below:
PART 1952--APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
1. The authority citation for Part 1952 continues to read as
follows:
Authority: Sec. 18, 84, Stat. 1608 (29 U.S.C. 667); 29 CFR part
1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).
Subpart DD--New Mexico
2. Section 1952.365 is revised to read as follows:
Sec. 1952.365 Level of Federal enforcement.
(a) Pursuant to Secs. 1902.20(b)(1)(iii) and 1954.3 of this
chapter, under which an operational status agreement has been entered
into between OSHA and New Mexico, effective October 5, 1981, and based
on a determination that New Mexico is operational in issues covered by
the New Mexico occupational health and safety plan, discretionary
Federal enforcement authority under section 18(e) of the Act (29 U.S.C.
667(e)) will not be initiated with regard to Federal occupational
safety and health standards in issues covered under 29 CFR parts 1910,
1926 and 1928 except as provided in this section. The U.S. Department
of Labor will continue to exercise authority, among other things, with
regard to:
(1) Complaints filed with the U.S. Department of Labor alleging
discrimination under section 11(c) of the Act (29 U.S.C. 660(c));
(2) Enforcement with respect to private sector maritime employment
including 29 CFR parts 1915, 1917, 1918, 1919 (shipyard employment;
marine terminals; longshoring and gear certification), and general
industry and construction standards (29 CFR parts 1910 and 1926)
appropriate to hazards found in these employments, which issues have
been specifically excluded from coverage under the State plan;
(3) Enforcement in situations where the State is refused and is
unable to obtain a warrant or enforce its right of entry;
(4) Enforcement of new Federal standards until the State adopts a
comparable standard;
(5) Enforcement of unique and complex standards as determined by
the Assistant Secretary;
(6) Enforcement in situations when the State is temporarily unable
to exercise its enforcement authority fully or effectively;
(7) Enforcement of occupational safety and health standards at all
Federal and private sector establishments on military facilities and
bases, including but not limited to Kirkland Air Force Base, Fort Bliss
Military Reservation, White Sands Missile Range Military Reservation,
Holloman Air Force Base, Cannon Air Force Base, Fort Wingate Military
Reservation , Fort Bayard Veterans' Hospital, Albuquerque Veterans'
Hospital, Santa Fe National Cemetery;
(8) Enforcement of occuaptional safety and health standards, to the
extent permitted by applicable law, over tribal or private sector
employment within any Indian reservation and lands under the control of
a tribal government; and
(9) Investigations and inspections for the purpose of the
evaluation of the New Mexico plan under sections 18 (e) and (f) of the
Act (29 U.S.C. 667 (e) and (f)).
(b) The Regional Administrator for Occupational Safety and Health
will make a prompt recommendation for the resumption of the exercise of
Federal enforcement authority under section 18(e) of the Act (29 U.S.C.
667(e)) whenever, and to the degree, necessary to assure occupational
safety and health protection to employees in New Mexico.
3. Section 1952.367 is amended by adding paragraph (b) to read as
follows:
Sec. 1952.367 Changes to approved plans.
* * * * *
(b) In accordance with Subpart E of part 1953 of this chapter, New
Mexico's State plan amendment, dated January 3, 1997, excluding
coverage of all private sector employment on Federal military
facilities and bases (see Sec. 1952.365), and, to the extent permitted
by applicable law, over tribal or private sector employment within any
Indian reservation and lands under the control of a tribal government,
from its State plan was approved by the Acting
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Assistant Secretary on September 24, 1997.
[FR Doc. 97-25306 Filed 9-23-97; 8:45 am]
BILLING CODE 4510-26-P
