[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2558-2565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1028]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952


Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah, 
Virgin Islands and Wyoming State Plans; Approval of Plan Supplements; 
Changes in Level of Federal Enforcement

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

ACTION: Final rule.

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SUMMARY: This document amends OSHA's regulations to reflect the 
Assistant Secretary's decision approving amendments to nine (9) State 
plans to exclude coverage of the field sanitation standard and the 
temporary labor camp standard as it applies in agriculture (with the 
exception of temporary labor camps for employees engaged in egg, 
poultry or red meat production, or the post-harvest processing of 
agricultural or horticultural commodities) from their State Plans. The 
States of Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, 
Utah, Virgin Islands, and Wyoming have elected to follow the 
jurisdictional transfer of authority as effected by Secretary of 
Labor's Orders 5-96 and 6-96, published in the Federal Register on 
January 2, 1997, between the Employment Standards Administration (ESA) 
and OSHA with regard to these two OSHA standards. OSHA is hereby 
amending pertinent sections of its regulations on approved State plans 
to reflect this relinquishment of State jurisdiction and transfer of 
OSHA enforcement authority to ESA in these nine (9) States and to 
notify affected employers and employees of this action. In fourteen 
(14) other States operating OSHA-approved State plans, enforcement of 
the field sanitation and temporary labor camp standards in agriculture 
will not transfer to ESA and will continue as a State responsibility. 
(These States are: Arizona, California, Hawaii, Maryland, Michigan, 
Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, Tennessee, 
Vermont, Virginia and Washington). In all other States under Federal 
OSHA jurisdiction, ESA will now exercise responsibility for enforcement 
in agriculture of the OSHA field sanitation and temporary labor camp 
standards, except as noted.

EFFECTIVE DATE: February 3, 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 N3637, 200 Constitution 
Avenue NW., Washington, DC 20210, (202) 219-8148.

SUPPLEMENTARY INFORMATION:

A. Introduction

    Section 18 of the Occupational Safety and Health Act of 1970, 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(b) of the Act and, ultimately, final approval 
under section 18(e). Pursuant to section 18(e) OSHA previously 
announced in the Federal Register final state plan approval and 
relinquishment of concurrent Federal jurisdiction for each of the 
following nine States: Alaska, Indiana, Iowa, Kentucky, Minnesota, 
South Carolina, Utah, Virgin Islands, and Wyoming. Through amendments 
to their State plans, these nine States have excluded coverage of the 
field sanitation (29 CFR 1928.110) and temporary labor camp (29 CFR 
1910.142) standards in agriculture (with the exception of temporary 
labor camps for employees engaged in egg, poultry or red meat 
production, or the post-harvest processing of agricultural or 
horticultural commodities) from their State plans. As provided in 
Secretary of Labor's Orders 5-96 and 6-96, effective February 3, 1997, 
(62 FR 107-113, January 2, 1997) this authority has been subsequently 
transferred from the Occupational Safety and Health Administration 
(OSHA) to the Employment Standards Administration (ESA). Therefore, the 
applicable subparts of 29 CFR Part 1952 are being revised to effect 
this change in coverage and enforcement jurisdiction.

B. Background

    Following a one year pilot project and pursuant to Secretary's 
Orders 5-96 and 6-96 (62 FR 107-113), an exchange of specific 
authorities and responsibilities has been effected between the 
Assistant Secretary for Occupational Safety and Health and Assistant 
Secretary for

[[Page 2559]]

Employment Standards, as of February 3, 1997. This is the result of a 
determination that the respective agencies' program expertise would be 
better utilized, and, therefore, that the Department of Labor's 
resources would be more effectively and efficiently utilized, by a 
permanent transfer of particular enforcement activities between the 
Assistant Secretaries for OSHA and ESA. Secretary's Order 5-96 
delegates to the Assistant Secretary for ESA the Secretary's authority 
under sections 8, 9, and 10 of the Occupational Safety and Health Act 
to conduct inspections and investigations, issue administrative 
subpoenas, issue citations, assess and collect penalties, and enforce 
any other remedies available under the statute, and to develop and 
issue compliance interpretations under the statute, with regard to the 
OSHA standards on:
    (1) Field sanitation, 29 CFR 1928.110; and
    (2) Temporary labor camps, 29 CFR 1910.142, with respect to any 
agricultural establishment where employees are engaged in 
``agricultural employment'' within the meaning of the Migrant and 
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3), 
regardless of the number of employees, including employees engaged in 
hand packing of produce into containers, whether done on the ground, on 
a moving machine, or in a temporary packing shed, except that the 
Assistant Secretary for OSHA retains enforcement responsibility over 
temporary labor camps for employees engaged in egg, poultry, or red 
meat production, or the post-harvest processing of agricultural or 
horticultural commodities.
    The authority of the Assistant Secretary for ESA under the OSH Act 
with regard to the standards on field sanitation and temporary labor 
camps does not include any other agency authorities or 
responsibilities, such as rulemaking authority. Such authorities under 
the statute are retained by the Assistant Secretary for OSHA.
    Similarly, the Secretary's Order 6-96 delegates to the Assistant 
Secretary for OSHA the authority for investigating and resolving 
allegations of discriminatory actions taken by employers against 
employees in violation of the requirements of the following 
environmental and public health statutes (so called ``whistleblower'' 
protection): the Safe Drinking Water Act, the Energy Reorganization Act 
of 1974, the Comprehensive Environmental Response Compensation and 
Liability Act of 1980, the Federal Water Pollution Control Act, the 
Toxic Substances Control Act, the Solid Waste Disposal Act, and the 
Clean Air Act) which had been previously delegated to the Assistant 
Secretary for Employment Standards.

State Plan States

    Because OSHA standards under section 6 of the Act are in effect 
with regard to the issues of field sanitation and temporary labor camp 
safety and health, the principles of preemption under section 18 of the 
Act continue to apply and are unaffected by the transfer of 
responsibility for enforcement of these standards from OSHA to ESA. 
States may adopt and enforce requirements relating to these 
occupational issues only through the vehicle of an OSHA-approved State 
plan.
    The 23 States who had assumed responsibility for field sanitation 
and temporary labor camp enforcement in the private sector under their 
OSHA-approved State plans were given two options with regard to this 
Federal transfer of responsibility: (1) They could follow OSHA's 
example by excluding field sanitation and certain temporary labor camp 
enforcement in agriculture from coverage under their State plan. OSHA 
would then modify the ``Final Approval Determination,'' ``Level of 
Federal Enforcement'' and the ``Changes to Approved Plans'' sections in 
29 CFR Part 1952 for those State programs to note the exclusion. Nine 
States [Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, 
Utah, Virgin Islands, and Wyoming] have chosen to relinquish their 
authority by submitting appropriate plan change supplements; or, (2) 
States could choose to retain their OSHA enforcement responsibility for 
the two standards under their State plan. In this case, ESA would not 
exercise its delegated authority and would look to the State plan State 
to continue to enforce the State's analogues of the temporary labor 
camp and field sanitation standards. Fourteen States [Arizona, 
California, Hawaii, Maryland, Michigan, Nevada, New Mexico, North 
Carolina, Oregon, Puerto Rico, Tennessee, Vermont, Virginia and 
Washington] have chosen to retain their OSHA enforcement responsibility 
for these two standards. Under the terms of the Secretary's Orders, the 
Assistant Secretary for OSHA retains the authority to monitor the 
activity of State plan States with respect to field sanitation and 
temporary labor camps.
    Thus, the delegation of OSHA enforcement authority to ESA with 
regard to standards on field sanitation and temporary labor camps will 
apply in all States under Federal OSHA enforcement jurisdiction and in 
those nine (9) State plan States which choose to exclude these 
standards from their State Plan. OSHA (and the States) will continue to 
enforce other standards that are applicable to the agriculture 
industry, including the temporary labor camp standard as it applies to 
employees engaged in egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities. The 
whistleblower authority transferred from ESA to OSHA will be retained 
Federally as it is not delegable to the State plans States.

C. Decision

    29 CFR Part 1953 sets forth the procedures by which the Assistant 
Secretary will review changes to State plans approved in accordance 
with section 18(c) of the Act and Part 1902. Having reviewed the nine 
States' plan change supplements in accordance with these procedures, 
OSHA is hereby amending 29 CFR Part 1952 to reflect approval of these 
amendments and other related changes with regard to enforcement 
responsibility.

D. 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. As these State 
changes are identical to the Federal action and impose no new 
responsibilities or requirements on employers, employees or the State, 
no opportunity for further public comment is required.

E. Regulatory Flexibility Act

    OSHA certifies pursuant to the Regulatory Flexibility Act of 1980 
(5 U.S.C. 601 et seq.) that this action will not have a significant 
economic impact on a substantial number of small entities. Transfer of 
enforcement responsibility in these nine States will not place small 
employers in these States under any new or different requirements, nor 
will any additional burden be placed upon the State government beyond 
the responsibilities already assumed as part of the approved State 
plan.

List of Subjects in 29 CFR Part 1952

    Intergovernmental relations, Law enforcement, Occupational safety 
and health.

    This document was prepared under the direction of Joseph A. Dear, 
Assistant Secretary of Labor for Occupational Safety and Health. It is

[[Page 2560]]

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, D.C. this 9th day of January 1997.
Joseph A. Dear,
Assistant Secretary.

    For the reasons set out in the preamble, 29 CFR part 1952, subparts 
C (South Carolina), E (Utah), J (Iowa), N (Minnesota), Q (Kentucky), R 
(Alaska), S (Virgin Islands), Z (Indiana) and BB (Wyoming) are hereby 
amended as set forth below:

PART 1952--[AMENDED]

    1. The authority citation of 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 C--South Carolina

    2. Section 1952.94 is amended by revising paragraph (b) to read as 
follows:


Sec. 1952.94   Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in South Carolina. The plan does not cover private sector 
maritime employment; military bases; Area D of the Savannah River Site 
(power generation and transmission facilities operated by South 
Carolina Electric and Gas); the enforcement of the field sanitation 
standard, 29 CFR 1928.110; and the enforcement of the temporary labor 
camps standard, 29 CFR 1910.142, with respect to any agricultural 
establishment where employees are engaged in ``agricultural 
employment'' within the meaning of the Migrant and Seasonal 
Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of 
the number of employees, including employees engaged in hand packing of 
produce into containers, whether done on the ground, on a moving 
machine, or in a temporary packing shed, except that South Carolina 
retains enforcement responsibility over agricultural temporary labor 
camps for employees engaged in egg, poultry, or red meat production, or 
the post-harvest processing of agricultural or horticultural 
commodities.
* * * * *
    3. Section 1952.95 is amended by revising paragraph (b)(1) to read 
as follows:


Sec. 1952.95   Level of Federal enforcement.

* * * * *
    (b) (1) In accordance with section 18(e), final approval 
relinquishes Federal OSHA authority only with regard to occupational 
safety and health issues covered by the South Carolina plan. OSHA 
retains full authority over issues which are not subject to State 
enforcement under the plan. Thus, Federal OSHA retains its authority 
relative to safety and health in private sector maritime activities, 
and will continue to enforce all provisions of the Act, rules or 
orders, and all Federal standards, current or future, specifically 
directed to maritime employment (29 CFR Part 1915, shipyard employment; 
Part 1917, marine terminals; Part 1918, longshoring; Part 1919, gear 
certification) as well as provisions of general industry standards (29 
CFR Part 1910) appropriate to hazards found in these employments, and 
employment on military bases and at Area D of the Savannah River Site 
(power generation and transmission facilities operated by South 
Carolina Electric and Gas). Federal jurisdiction is retained and 
exercised by the Employment Standards Administration, U.S. Department 
of Labor, (Secretary's Order 5-96, dated December 27, 1996) with 
respect to the field sanitation standard, 29 CFR 1928.110; and the 
enforcement of the temporary labor camps standard, 29 CFR 1910.142, in 
agriculture, as described in Sec. 1952.94(b). Federal jurisdiction is 
also retained with respect to Federal government employers and 
employees.
* * * * *
    4. Section 1952.97 is amended by adding paragraph (c) to read as 
follows:


Sec. 1952.97  Changes to approved plan.

* * * * *
    (c) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997, the Assistant Secretary approved South Carolina's plan amendment, 
dated August 1, 1996, relinquishing coverage for the issues of field 
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 
1910.142) in agriculture (except for agricultural temporary labor camps 
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in South Carolina pursuant to Secretary of Labor's Order 
5-96, dated December 27, 1996.

Subpart E--Utah

    5. Section 1952.114 is amended by revising paragraph (b) to read as 
follows:


Sec. 1952.114  Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in Utah. The plan does not cover private sector maritime 
employment; employment on Hill Air Force Base; the enforcement of the 
field sanitation standard, 29 CFR 1928.110; and the enforcement of the 
temporary labor camps standard, 29 CFR 1910.142 with respect to any 
agricultural establishment where employees are engaged in 
``agricultural employment'' within the meaning of the Migrant and 
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3), 
regardless of the number of employees, including employees engaged in 
hand packing of produce into containers, whether done on the ground, on 
a moving machine, or in a temporary packing shed, except that Utah 
retains enforcement responsibility over agricultural temporary labor 
camps for employees engaged in egg, poultry, or red meat production, or 
the post-harvest processing of agricultural or horticultural 
commodities.
* * * * *
    6. Section 1952.115 is amended by revising paragraph (b) to read as 
follows:


Sec. 1952.115  Level of Federal enforcement.

* * * * *
    (b) In accordance with section 18(e), final approval relinquishes 
Federal OSHA authority only with regard to occupational safety and 
health issues covered by the Utah plan. OSHA retains full authority 
over issues which are not subject to State enforcement under the plan. 
Thus, Federal OSHA retains its authority relative to safety and health 
enforcement in private sector maritime activities and will continue to 
enforce all provisions of the Act, rules or orders, and all Federal 
standards, current or future, specifically directed to maritime 
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine 
terminals; Part 1918, longshoring; Part 1919, gear certification) as 
well as provisions of general industry standards (29 CFR Part 1910) 
appropriate to hazards found in these employments. Federal jurisdiction 
is retained and exercised by the Employment Standards Administration, 
U.S. Department of Labor, (Secretary's Order 5-96, dated December 27, 
1996) with respect to the field sanitation standard, 29 CFR 1928.110; 
and the enforcement of the temporary labor

[[Page 2561]]

camps standard, 29 CFR 1910.142, in agriculture, as described in 
Sec. 1952.114(b). Federal jurisdiction is also retained on the Hill Air 
Force Base, and with respect to all Federal government employers and 
employees. In addition, any hazard, industry, geographical area, 
operation or facility over which the State is unable to effectively 
exercise jurisdiction for reasons not related to the required 
performance or structure of the plan shall be deemed to be an issue not 
covered by the finally approved plan, and shall be subject to Federal 
enforcement. Where enforcement jurisdiction is shared between Federal 
and State authorities for a particular area, project, or facility, in 
the interest of administrative practicability, Federal jurisdiction may 
be assumed over the entire project or facility. Ineither of the two 
aforementioned circumstances, Federal enforcement may be exercised 
immediately upon agreement between Federal and State OSHA.
* * * * *
    7. Section 1952.117 is amended by adding paragraph (c) to read as 
follows:


Sec. 1952.117  Changes to approved plans.

* * * * *
    (c) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997, the Assistant Secretary approved Utah's plan amendment, dated 
July 31, 1996, relinquishing coverage for the issues of field 
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 
1910.142) in agriculture (except for agricultural temporary labor camps 
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in Utah pursuant to Secretary of Labor's Order 5-96, 
dated December 27, 1996.

Subpart J--Iowa

    8. Section 1952.164 is amended by revising paragraph (b) to read as 
follows:


Sec. 1952.164  Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in Iowa. The plan does not cover private sector maritime 
employment; Federal government-owned, contractor-operated military/ 
munitions facilities; bridge construction projects spanning the 
Mississippi and Missouri Rivers between Iowa and other States; private 
sector hazardous waste disposal facilities designated as Superfund 
sites; the enforcement of the field sanitation standard, 29 CFR 
1928.110; and the enforcement of the temporary labor camps standard, 29 
CFR 1910.142, with respect to any agricultural establishment where 
employees are engaged in ``agricultural employment'' within the meaning 
of the Migrant and Seasonal Agricultural Worker Protection Act, 29 
U.S.C. 1802(3), regardless of the number of employees, including 
employees engaged in hand packing of produce into containers, whether 
done on the ground, on a moving machine, or in a temporary packing 
shed, except that Iowa retains enforcement responsibility over 
agricultural temporary labor camps for employees engaged in egg, 
poultry, or red meat production, or the post-harvest processing of 
agricultural or horticultural commodities.
* * * * *
    9. Section 1952.165 is amended by revising paragraph (b) to read as 
follows:


Sec. 1952.165  Level of Federal enforcement.

* * * * *
    (b) In accordance with section 18(e), final approval relinquishes 
Federal OSHA authority only with regard to occupational safety and 
health issues covered by the Iowa plan. OSHA retains full authority 
over issues which are not subject to State enforcement under the plan. 
Thus, Federal OSHA retains its authority relative to safety and health 
in private sector maritime activities and will continue to enforce all 
provisions of the Act, rules or orders, and all Federal standards, 
current or future, specifically directed to maritime employment (29 CFR 
Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, 
longshoring; Part 1919, gear certification) as well as provisions of 
general industry standards (29 CFR Part 1910) appropriate to hazards 
found in these employments; Federal government-owned, contractor-
operated military/munitions facilities; bridge construction projects 
spanning the Mississippi and Missouri Rivers between Iowa and other 
States; private sector hazardous waste disposal facilities designated 
as Superfund sites. Federal jurisdiction is also retained and exercised 
by the Employment Standards Administration, U.S. Department of Labor, 
(Secretary's Order 5-96, dated December 27, 1996) with respect to the 
field sanitation standard, 29 CFR 1928.110; and the enforcement of the 
temporary labor camps standard, 29 CFR 1910.142, in agriculture, as 
described in Sec. 1952.164(b). In addition, any hazard, industry, 
geographical area, operation or facility over which the State is unable 
to effectively exercise jurisdiction for reasons not related to the 
required performance or structure of the plan shall be deemed to be an 
issue not covered by the finally approved plan, and shall be subject to 
Federal enforcement. Where enforcement jurisdiction is shared between 
Federal and State authorities for a particular area, project, or 
facility, in the interest of administrative practicability, Federal 
jurisdiction may be assumed over the entire project or facility. In 
either of the two aforementioned circumstances, Federal enforcement may 
be exercised immediately upon agreement between Federal and State OSHA.
* * * * *
    10. Section 1952.167 is amended by adding paragraph (b) to read as 
follows:


Sec. 1952.167  Changes to approved plans.

* * * * *
    (b) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997, the Assistant Secretary approved Iowa's plan amendment, dated 
August 2, 1996, relinquishing coverage for the issues of field 
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 
1910.142) in agriculture (except for agricultural temporary labor camps 
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities). The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in Iowa pursuant to Secretary of Labor's Order 5-96, 
dated December 27, 1996.

Subpart N--Minnesota

    11. Section 1952.204 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.204  Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in Minnesota. The plan does not cover private sector 
offshore maritime employment; employment at the Twin Cities Army 
Ammunition Plant; Federal government employers and employees; any 
tribal or private sector employment within any Indian reservation in 
the State; the enforcement of the field sanitation standard, 29 CFR 
1928.110; and the enforcement of the temporary labor camps standard, 29 
CFR 1910.142, with respect to any agricultural establishment where 
employees are engaged in

[[Page 2562]]

``agricultural employment'' within the meaning of the Migrant and 
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3), 
regardless of the number of employees, including employees engaged in 
hand packing of produce into containers, whether done on the ground, on 
a moving machine, or in a temporary packing shed, except that Minnesota 
retains enforcement responsibility over agricultural temporary labor 
camps for employees engaged in egg, poultry, or red meat production, or 
the post-harvest processing of agricultural or horticultural 
commodities.
* * * * *
    12. Section 1952.205 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.205  Level of Federal enforcement.

* * * * *
    (b) In accordance with section 18(e), final approval relinquishes 
Federal OSHA authority only with regard to occupational safety and 
health issues covered by the Minnesota plan. OSHA retains full 
authority over issues which are not subject to State enforcement under 
the plan. Thus, Federal OSHA retains its authority relative to safety 
and health in private sector offshore maritime activities and will 
continue to enforce offshore all provisions of the Act, rules or 
orders, and all Federal standards, current or future, specifically 
directed to maritime employment (29 CFR Part 1915, shipyard employment; 
Part 1917, marine terminals; Part 1918, longshoring; Part 1919, gear 
certification) as well as provisions of general industry standards (29 
CFR Part 1910) appropriate to hazards found in these employments. 
Federal jurisdiction is retained and exercised by the Employment 
Standards Administration, U.S. Department of Labor, (Secretary's Order 
5-96, dated December 27, 1996) with respect to the field sanitation 
standard, 29 CFR 1928.110; and the enforcement of the temporary labor 
camps standard, 29 CFR 1910.142, in agriculture, as described in 
Sec. 1952.204(b). Federal jurisdiction is also retained over the Twin 
Cities Army Ammunition Plant, over Federal government employers and 
employees, and over any tribal or private sector employment within any 
Indian reservation in the State. In addition, any hazard, industry, 
geographical area, operation or facility over which the State is unable 
to effectively exercise jurisdiction for reasons not related to the 
required performance or structure of the plan shall be deemed to be an 
issue not covered by the finally approved plan, and shall be subject to 
Federal enforcement. Where enforcement jurisdiction is shared between 
Federal and State authorities for a particular area, project, or 
facility, in the interest of administrative practicability, Federal 
jurisdiction may be assumed over the entire project or facility. In 
either of the two aforementioned circumstances, Federal enforcement may 
be exercised immediately upon agreement between Federal and State OSHA.
* * * * *
    13. Section 1952.207 is amended by adding paragraph (b) to read as 
follows:


Sec. 1952.207  Changes to approved plans.

* * * * *
    (b) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997, the Assistant Secretary approved Minnesota's plan amendment, 
dated July 24, 1996, relinquishing coverage for the issues of field 
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 
1910.142) in agriculture (except for agricultural temporary labor camps 
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities). The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in Minnesota pursuant to Secretary of Labor's Order 5-
96, dated December 27, 1996.

Subpart Q--Kentucky

    14. Section 1952.234 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.234  Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in Kentucky. The plan does not cover private sector maritime 
employment; employment at Tennessee Valley Authority facilities, and on 
all military bases as well as any other properties ceded to the U.S. 
Government; the enforcement of the field sanitation standard, 29 CFR 
1928.110; and the enforcement of the temporary labor camps standard, 29 
CFR 1910.142, with respect to any agricultural establishment where 
employees are engaged in ``agricultural employment'' within the meaning 
of the Migrant and Seasonal Agricultural Worker Protection Act, 29 
U.S.C. 1802(3), regardless of the number of employees, including 
employees engaged in hand packing of produce into containers, whether 
done on the ground, on a moving machine, or in a temporary packing 
shed, except that Kentucky retains enforcement responsibility over 
agricultural temporary labor camps for employees engaged in egg, 
poultry, or red meat production, or the post-harvest processing of 
agricultural or horticultural commodities.
* * * * *
    15. Section 1952.235 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.235  Level of Federal enforcement.

* * * * *
    (b) In accordance with section 18(e), final approval relinquishes 
Federal OSHA authority only with regard to occupational safety and 
health issues covered by the Kentucky plan. OSHA retains full authority 
over issues which are not subject to State enforcement under the plan. 
Thus, Federal OSHA retains its authority relative to safety and health 
in private sector maritime activities and will continue to enforce all 
provisions of the Act, rules or orders, and all Federal standards, 
current or future, specifically directed to maritime employment (29 CFR 
Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, 
longshoring; Part 1919, gear certification) as well as provisions of 
general industry standards (29 CFR Part 1910) appropriate to hazards 
found in these employments); employment at Tennessee Valley Authority 
facilities and on all military bases as well as any other properties 
ceded to the U.S. Government. Federal jurisdiction is retained and 
exercised by the Employment Standards Administration, U.S. Department 
of Labor, (Secretary's Order 5-96, dated December 27, 1996) with 
respect to the field sanitation standard, 29 CFR 1928.110; and the 
enforcement of the temporary labor camps standard, 29 CFR 1910.142, in 
agriculture, as described in Sec. 1952.234(b). Federal jurisdiction is 
also retained with respect to Federal government employers and 
employees. In addition, any hazard, industry, geographical area, 
operation or facility over which the State is unable to effectively 
exercise jurisdiction for reasons not related to the required 
performance or structure of the plan shall be deemed to be an issue not 
covered by the finally approved plan, and shall be subject to Federal 
enforcement. Where enforcement jurisdiction is shared between Federal 
and State authorities for a particular area, project, or facility, in 
the interest of administrative practicability, Federal jurisdiction may 
be assumed over the entire project or facility. In either of the two 
aforementioned circumstances, Federal enforcement may be exercised

[[Page 2563]]

immediately upon agreement between Federal and State OSHA.
* * * * *
    16. Section 1952.237 is amended by adding paragraph (c) to read as 
follows:


Sec. 1952.237  Changes to approved plans.

* * * * *
    (c) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997 the Assistant Secretary approved Kentucky's plan amendment, dated 
July 29, 1996, relinquishing coverage for the issues of field 
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 
1910.142) in agriculture (except for agricultural temporary labor camps 
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in Kentucky pursuant to Secretary of Labor's Order 5-96, 
dated December 27, 1996.

Subpart R--Alaska

    17. Section 1952.243 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.243  Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in Alaska. The plan does not cover private sector maritime 
employment; operations of private sector employers within the 
Metlakatla Indian Community on the Annette Islands; operations of 
private sector employers within Denali (Mount McKinley) National Park; 
worksites located on the navigable waters, including artificial 
islands; the enforcement of the field sanitation standard, 29 CFR 
1928.110; and the enforcement of the temporary labor camps standard, 29 
CFR 1910.142, with respect to any agricultural establishment where 
employees are engaged in ``agricultural employment'' within the meaning 
of the Migrant and Seasonal Agricultural Worker Protection Act, 29 
U.S.C. 1802(3), regardless of the number of employees, including 
employees engaged in hand packing of produce into containers, whether 
done on the ground, on a moving machine, or in a temporary packing 
shed, except that Alaska retains enforcement responsibility over 
agricultural temporary labor camps for employees engaged in egg, 
poultry, or red meat production, or the post-harvest processing of 
agricultural or horticultural commodities.
* * * * *
    18. Section 1952.244 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.244  Level of Federal enforcement.

* * * * *
    (b) In accordance with section 18(e), final approval relinquishes 
Federal OSHA authority only with regard to occupational safety and 
health issues covered by the Alaska plan. OSHA retains full authority 
over issues which are not subject to State enforcement under the plan. 
Thus, Federal OSHA retains its authority relative to safety and health 
in private sector maritime activities and will continue to enforce all 
provisions of the Act, rules or orders, and all Federal standards, 
current or future, specifically directed to maritime employment (29 CFR 
Part 1915, shipyard employment; Part 1917, marine terminals; Part 1918, 
longshoring; Part 1919, gear certification) as well as provisions of 
general industry standards (29 CFR Part 1910) appropriate to hazards 
found in these employments). Federal jurisdiction is also retained and 
exercised by the Employment Standards Administration, U.S. Department 
of Labor (Secretary's Order 5-96, December 27, 1996) with respect to 
the field sanitation standard, 29 CFR 1928.110, and the enforcement of 
the temporary labor camps standard, 29 CFR 1910.142, in agriculture, as 
described in Sec. 1952.243(b). Federal jurisdiction will also be 
retained over marine-related private sector employment at worksites on 
the navigable waters, such as floating seafood processing plants, 
marine construction, employments on artificial islands, and diving 
operations in accordance with section 4(b)(1) of the Act. Federal 
jurisdiction is also retained for private sector worksites located 
within the Annette Islands Reserve of the Metlakatla Indian Community, 
for private sector worksites located within the Denali (Mount McKinley) 
National Park, and for Federal government employers and employees.
* * * * *
    19. Section 1952.246 is amended by adding paragraph (c) to read as 
follows:


Sec. 1952.246  Changes to approved plans.

* * * * *
    (c) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997, the Assistant Secretary approved Alaska's plan amendment, dated 
October 1, 1996, relinquishing coverage for the issues of field 
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 
1910.142) in agriculture (except for agricultural temporary labor camps 
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in Alaska pursuant to Secretary of Labor's Order 5-96, 
dated December 27, 1996.

Subpart S--The Virgin Islands

    20. Section 1952.253 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.253  Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in the Virgin Islands. The plan does not cover occupational 
health and the issues of maritime safety and health in the private 
sector; the enforcement of the field sanitation standard, 29 CFR 
1928.110; and the enforcement of the temporary labor camps standard, 29 
CFR 1910.142, with respect to any agricultural establishment where 
employees are engaged in ``agricultural employment'' within the meaning 
of the Migrant and Seasonal Agricultural Worker Protection Act, 29 
U.S.C. 1802(3), regardless of the number of employees, including 
employees engaged in hand packing of produce into containers, whether 
done on the ground, on a moving machine, or in a temporary packing 
shed, except that the Virgin Islands retains enforcement responsibility 
over agricultural temporary labor camps for employees engaged in egg, 
poultry, or red meat production, or the post-harvest processing of 
agricultural or horticultural commodities. Note: The Virgin Islands 
final approval status under Section 18(c) of the Act was suspended and 
Federal concurrent enforcement authority reinstated on November 13, 
1995.
* * * * *
    21. Section 1952.254 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.254  Level of Federal enforcement.

* * * * *
    (b) Federal OSHA also continues to retain full authority over 
issues which have not been subject to State enforcement under the 
Virgin Islands plan. Thus, OSHA retains authority to enforce all 
provisions of the Act, Federal standards, rules, or orders,

[[Page 2564]]

which relate to occupational health in private sector employment in the 
Virgin Islands. OSHA also retains its authority relative to safety and 
health in private sector maritime activities and will continue to 
enforce all provisions of the Act, rules, or order and all Federal 
standards, current or future, specifically directed to maritime 
employment (e.g., 29 CFR Part 1915, shipyard employment; 29 CFR Part 
1917, marine terminals; 29 CFR Part 1918, longshoring; 29 CFR Part 
1919, gear certification), as well as provisions of general industry 
(29 CFR Part 1910) standards appropriate to hazards found in these 
employments. Federal jurisdiction is also retained and exercised by the 
Employment Standards Administration, U.S. Department of Labor, 
(Secretary's Order 5-96, dated December 27, 1996) with respect to the 
field sanitation standard, 29 CFR 1928.110; and the enforcement of the 
temporary labor camps standard, 29 CFR 1910.142 , in agriculture, as 
described in Sec. 1952.253(b). Federal jurisdiction also remains in 
effect with respect to Federal government employers and employees.
* * * * *
    22. Section 1952.256 is amended by adding paragraph (b) to read as 
follows:


Sec. 1952.256  Changes to approved plans.

* * * * *
    (b) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997, the Assistant Secretary approved the Virgin Island's plan 
amendment, dated July 31, 1996, relinquishing coverage for the issues 
of field sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 
1910.142) in agriculture (except for agricultural temporary labor camps 
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in the Virgin Islands pursuant to Secretary of Labor's 
Order 5-96, dated December 27, 1996.

Subpart Z--Indiana

    23. Section 1952.324 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.324  Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in Indiana. The plan does not cover maritime employment in 
the private sector; private sector hazardous waste disposal facilities 
designated as Superfund sites; the enforcement of the field sanitation 
standard, 29 CFR 1928.110; and the enforcement of the temporary labor 
camps standard, 29 CFR 1910.142, with respect to any agricultural 
establishment where employees are engaged in ``agricultural 
employment'' within the meaning of the Migrant and Seasonal 
Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of 
the number of employees, including employees engaged in hand packing of 
produce into containers, whether done on the ground, on a moving 
machine, or in a temporary packing shed, except that Indiana retains 
enforcement responsibility over agricultural temporary labor camps for 
employees engaged in egg, poultry, or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.
* * * * *
    24. Section 1952.325 is amended by revising paragraph (b)(1) to 
read as follows:


Sec. 1952.325   Level of Federal enforcement.

* * * * *
    (b) (1) In accordance with section 18(e), final approval 
relinquishes Federal OSHA authority only with regard to occupational 
safety and health issues covered by the Indiana plan. OSHA retains full 
authority over issues which are not subject to State enforcement under 
the plan. Thus, Federal OSHA retains its authority relative to safety 
and health in private sector maritime activities and will continue to 
enforce all provisions of the Act, rules or orders, and all Federal 
standards, current or future, specifically directed to maritime 
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine 
terminals; Part 1918, longshoring; Part 1919, gear certification) as 
well as provisions of general industry standards (29 CFR Part 1910) 
appropriate to hazards found in these employments. Federal jurisdiction 
is retained and exercised by the Employment Standards Administration, 
U.S. Department of Labor, (Secretary's Order 5-96, dated December 27, 
1996) with respect to the field sanitation standard, 29 CFR 1928.110; 
and the enforcement of the temporary labor camps standard, 29 CFR 
1910.142, in agriculture, as described in Sec. 1952.324(b). Federal 
jurisdiction is also retained at private-sector hazardous-waste 
disposal facilities designated as Superfund sites, and with respect to 
Federal government employers and employees.
* * * * *
    25. Section 1952.327 is amended by adding paragraph (b) to read as 
follows:


Sec. 1952.327   Changes to approved plans.

* * * * *
    (b) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997, the Assistant Secretary approved Indiana's plan amendment, dated 
July 9, 1996, relinquishing coverage for the issues of field sanitation 
(29 CFR 1928.110) and temporary labor camps (29 CFR 1910.142) in 
agriculture (except for agricultural temporary labor camps associated 
with egg, poultry or red meat production, or the post-harvest 
processing of agricultural or horticultural commodities.) The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in Indiana pursuant to Secretary of Labor's Order 5-96, 
dated December 27, 1996.
* * * * *

Subpart BB--Wyoming

    26. Section 1952.344 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.344   Final approval determination.

* * * * *
    (b) Except as otherwise noted, the plan which has received final 
approval covers all activities of employers and all places of 
employment in Wyoming. The plan does not cover private sector maritime 
employment; employment on the Warren Air Force Base employment; 
employment at private sector hazardous waste disposal facilities 
designated as Superfund sites; the enforcement of the field sanitation 
standard, 29 CFR 1928.110; and the enforcement of the temporary labor 
camps standard, 29 CFR 1910.142, with respect to any agricultural 
establishment where employees are engaged in ``agricultural 
employment'' within the meaning of the Migrant and Seasonal 
Agricultural Worker Protection Act, 29 U.S.C. 1802(3), regardless of 
the number of employees, including employees engaged in hand packing of 
produce into containers, whether done on the ground, on a moving 
machine, or in a temporary packing shed, except that Wyoming retains 
enforcement responsibility over agricultural temporary labor camps for 
employees engaged in egg, poultry, or red meat production, or the post-
harvest

[[Page 2565]]

processing of agricultural or horticultural commodities.
* * * * *
    27. Section 1952.345 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.345   Level of Federal enforcement.

* * * * *
    (b) In accordance with section 18(e), final approval relinquishes 
Federal OSHA authority only with regard to occupational safety and 
health issues covered by the Wyoming plan. OSHA retains full authority 
over issues which are not subject to State enforcement under the plan. 
Thus, Federal OSHA retains its authority relative to safety and health 
in private sector maritime activities and will continue to enforce all 
provisions of the Act, Federal standards, rules, or orders, and all 
Federal standards, current or future, specifically directed to maritime 
employment (29 CFR Part 1915, shipyard employment; Part 1917, marine 
terminals; Part 1918, longshoring; Part 1919, gear certification) as 
well as provisions of general industry standards (29 CFR Part 1910) 
appropriate to hazards found in these employments. Federal jurisdiction 
is retained and exercised by the Employment Standards Administration, 
U.S. Department of Labor, (Secretary's Order 5-96, dated December 27, 
1996) with respect to the field sanitation standard, 29 CFR 1928.110; 
and the enforcement of the temporary labor camps standard, 29 CFR 
1910.142, in agriculture, as described in Sec. 1952.344(b). Federal 
jurisdiction is also retained for employment at Warren Air Force Base 
and at private-sector hazardous-waste disposal facilities designated as 
Superfund sites as well as with respect to Federal government employers 
and employees. In addition, any hazard, industry, geographical area, 
operation or facility over which the State is unable to effectively 
exercise jurisdiction for reasons not related to the required 
performance or structure of the plan shall be deemed to be an issue not 
covered by the finally approved plan, and shall be subject to Federal 
enforcement. Where enforcement jurisdiction is shared between Federal 
and State authorities for a particular area, project, or facility, in 
the interest of administrative practicability, Federal jurisdiction may 
be assumed over the entire project or facility. In either of the two 
aforementioned circumstances, Federal enforcement may be exercised 
immediately upon agreement between Federal and State OSHA.
* * * * *
    28. Section 1952.347 is amended by adding paragraph (d) to read as 
follows:


Sec. 1952.347   Changes to approved plans.

* * * * *
    (d) Temporary Labor Camps/Field Sanitation. Effective February 3, 
1997, the Assistant Secretary approved Wyoming's plan amendment, dated 
July 19, 1996, relinquishing coverage for the issues of field 
sanitation (29 CFR 1928.110) and temporary labor camps (29 CFR 
1910.142) in agriculture (except for agricultural temporary labor camps 
associated with egg, poultry or red meat production, or the post-
harvest processing of agricultural or horticultural commodities.) The 
Employment Standards Administration, U.S. Department of Labor, has 
assumed responsibility for enforcement of these Federal OSHA standards 
in agriculture in Wyoming pursuant to Secretary of Labor's Order 5-96, 
dated December 27, 1996.

[FR Doc. 97-1028 Filed 1-16-97; 8:45 am]
BILLING CODE 4510-26-P