[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Rules and Regulations]
[Pages 36617-36630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14150]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952


State Plans: Coverage of the United States Postal Service and 
Other Coverage Issues--Changes to Level of Federal Enforcement for 
Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, 
Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto 
Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, the Virgin 
Islands, Washington and Wyoming

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 declination 
of jurisdiction over the United States Postal Service (U.S. Postal 
Service or USPS) and its facilities by all twenty-three (23) approved 
State Plans which cover the private sector. The Postal Employees' 
Safety Enhancement Act of 1998 (PESEA) amended the Occupational Safety 
and Health Act of 1970 (the Act) to include the USPS within its 
definition of ``employer.'' Accordingly, OSHA assumed jurisdiction for 
the USPS on September 29, 1998. PESEA extends all provisions of the Act 
to the USPS, including section 18 of the Act, thus granting the OSHA-
approved State plans the authority to regulate the USPS. Subsequently, 
OSHA required the State plan States to either elect to amend their 
State plans to cover the USPS, or to decline to exercise such coverage, 
in which case coverage would remain a Federal OSHA responsibility. All 
affected State plans declined. OSHA is hereby amending pertinent 
sections of its regulations on approved State plans to reflect the 
declination of State jurisdiction and the continuation of Federal OSHA 
enforcement authority over the USPS, including contract employees and 
contractor-operated facilities engaged in USPS mail operations, in all 
of the twenty-three (23) States operating OSHA-approved State plans 
covering the private sector, and notifying affected employers and 
employees of this action. As a result, Federal OSHA is responsible for 
safety and health enforcement with respect to the USPS and its 
facilities in all States nationwide. In addition, technical corrections 
are being made pertaining to maritime jurisdiction in several of the 
States; military jurisdiction in the State of Washington; coverage on 
Indian Reservations in the State of Oregon; and information on where 
the plan documents for the various State plans may be inspected.

EFFECTIVE DATE: June 9, 2000.

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, D.C. 20210, (202) 693-1999.

SUPPLEMENTARY INFORMATION:

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(c) of the Act and ultimately, final approval 
under section 18(e) of the Act. 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. In the 
following States which have not received section 18(e) final approval, 
concurrent Federal enforcement authority remains in effect but has been 
suspended voluntarily in accordance with operational status agreements 
between OSHA and the individual States. See 29 CFR 1954.3 for 
guidelines and procedures. These States are: California, Michigan, New 
Mexico, Oregon, Puerto Rico, Vermont and Washington. In the following 
States which have received final approval pursuant to section 18(e) of 
the Act, Federal OSHA standards and enforcement authority have been 
relinquished. These States are: Alaska, Arizona, Hawaii, Indiana, Iowa, 
Kentucky, Maryland, Minnesota, Nevada, North Carolina, South Carolina, 
Tennessee, Utah, Virginia, and Wyoming. (Concurrent Federal enforcement 
authority is currently being exercised in the Virgin Islands. 
Connecticut and New York operate State plans limited in coverage to 
State and local government employees and are not affected by this 
rule.)

Background

United States Postal Service

    States ordinarily cannot exercise regulatory authority over Federal 
agencies or other Federal institutions or

[[Page 36618]]

instrumentalities, unless specifically authorized by Congress. The 
Postal Employees' Safety Enhancement Act (Public Law 105-241) (PESEA), 
enacted on September 28, 1998, subjects the United States Postal 
Service (U.S. Postal Service or USPS) to all provisions of the 
Occupational Safety and Health Act (the Act) in the same manner as a 
private sector employer. PESEA amends two sections of the Act to 
provide full private-sector coverage of the USPS. The first provision 
amends section 3(5) of the Act, 29 U.S.C. 652(5), to exclude the USPS 
from the existing exemption of the United States from the definition of 
``employer.'' As a result, the USPS is now covered by OSHA in the same 
manner as a private sector employer. The second provision clarifies the 
status of the USPS under section 19 of the OSH Act, 29 U.S.C. 668(a), 
which deals with Federal agency safety and health programs. The new 
provision affirmatively states that the USPS is not to be considered a 
``Federal agency'' for purposes of section 19. Thus, PESEA makes the 
USPS subject to coverage under all provisions of the federal OSHAct 
which are applicable to private sector employment, including the State 
plan provisions of section 18 of the Act, thus granting the States with 
OSHA-approved State plans the authority to regulate this Federal 
instrumentality. (Prior to enactment, a colloquy on the floor of the 
House of Representatives confirmed this intent.)
    Federal OSHA now regulates the working conditions of USPS employees 
as well as contract employees engaged in official USPS mail operations, 
e.g., contract mail carriers and truck drivers transporting and 
unloading mail. (OSHA notes that pursuant to section 4(b)(1), OSHA 
standards do not apply to working conditions regulated by the 
Department of Transportation, Office of Motor Carrier and Highway 
Safety.) Federal OSHA also regulates the working conditions of postal 
stations located in other public or commercial facilities.
    In a memorandum dated October 20, 1998, OSHA offered the State plan 
States the opportunity to amend their State plans to extend State 
jurisdiction to the USPS, as authorized by PESEA, or to decline to 
exercise such jurisdiction, in which case coverage would remain a 
Federal OSHA responsibility. All 23 State plan States with private 
sector responsibility determined they would not assume responsibility 
for coverage of USPS employees and contractors engaged in USPS mail 
handling operations. OSHA is hereby amending pertinent sections of its 
regulations on approved State plans to reflect this declination of 
State jurisdiction and continuation of Federal OSHA enforcement 
authority over this occupational safety and health issue in the twenty-
three (23) States operating approved State plans. This rule modifies 
each State's subpart at 29 CFR 1952 to document that coverage of USPS 
workplaces and employees is not an issue covered by the State plan and 
remains a Federal OSHA responsibility. Federal coverage in State plan 
States encompasses USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations. State 
plan States will continue to exercise jurisdiction, where permitted by 
State law, over all other private sector contractors and employees 
working on USPS sites but not engaged in USPS mail operations, such as 
building maintenance and construction workers.
    Connecticut and New York operate State plans limited in coverage to 
State and local government employees and are not affected by this rule

Other Technical Corrections

    Five (5) States (California, Washington, Oregon, Minnesota, 
Vermont) include some aspects of private sector maritime operations 
(shipyards, longshoring, marine terminals, gear certification) within 
the scope of their plans. All State plans provide coverage to State and 
local government employees engaged in maritime activities. This rule 
modifies pertinent sections of 29 CFR 1952 to reflect, in more uniform 
language, the extent of State Plan and Federal OSHA maritime 
jurisdiction. This rule also makes other technical corrections and 
updates with regard to military jurisdiction in the State of Washington 
and coverage on Indian Reservations in the State of Oregon. Finally, 
this rule updates information in each State's subpart regarding where 
the plan documents for that State are made available to the public.

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. Upon review of the twenty-
three State plan decisions in accordance with these procedures, OSHA 
hereby approves these actions and amends each State's subpart in 29 CFR 
Part 1952 to reflect the State's determination not to extend State Plan 
jurisdiction to the U.S. Postal Service. Today's rule in the Federal 
Register further provides notice to affected employers and employees of 
the extent of Federal OSHA enforcement authority over the U.S. Postal 
Service in each of the 23 State plan States which cover private sector 
employment. Technical corrections with regard to the extent of State 
and Federal enforcement authority over safety and health issues in the 
maritime industry in several of the States; military jurisdiction in 
the State of Washington; coverage on Indian Reservations in the State 
of Oregon; and information on where the plan documents for the various 
State plans may be inspected are also approved, and the pertinent 
subparts of Part 1952 amended. (Note: In the interest of clarity, the 
full text of each of the amended sections, including unchanged 
provisions which reflect previously approved determinations by the 
affected States, is included in the following amendments to Part 1952.)

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 
actions impose no new responsibilities or requirements on employers, 
employees or the State, no opportunity for public comment is required.

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. No 
additional burden will be placed upon the State government beyond the 
responsibilities already assumed as part of the approved State plan.

Federalism

    Executive Order 13132 on ``Federalism'' emphasizes consultation 
between Federal agencies and the States and establishes specific review 
procedures the Federal government must follow as it carries out 
policies which affect State or local governments. OSHA has included in 
the Supplementary Information section of today's notice a general 
explanation of the relationship between Federal OSHA and the State Plan 
States under the Occupational Safety and Health Act and the effect of 
the Postal Employees' Safety Enhancement Act and other issues on this 
relationship. OSHA has consulted extensively with the States on their 
individual decisions on these issues. Although OSHA has determined that 
the requirements and consultation procedures provided in Executive 
Order

[[Page 36619]]

13132 are not applicable to State decisions on the extent of State Plan 
coverage under the OSH Act which have no effect outside the particular 
State, OSHA has reviewed the decisions approved today and believes they 
have been made in a manner consistent with the principles and criteria 
set forth in the Executive Order.
    This document was prepared under the direction of Charles N. 
Jeffress, 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).

List of Subjects in 29 CFR Part 1952

    Intergovernmental relations, Law enforcement, Occupational safety 
and health, Reporting and recordkeeping requirements.

    Signed at Washington, D.C. this 30th day of May 2000.
Charles N. Jeffress,
Assistant Secretary.


    For the reasons set out in the preamble, 29 CFR Part 1952 is hereby 
amended as set forth below:

PART 1952--[AMENDED]

    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 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; Federal government employers and 
employees; the U.S. Postal Service (USPS), including USPS employees, 
and contract employees and contractor-operated facilities engaged in 
USPS mail operations; private sector employment at Area D of the 
Savannah River Site (power generation and transmission facilities 
operated by South Carolina Electric and Gas) and at the Three Rivers 
Solid Waste Authority; the enforcement of the field sanitation 
standard, 29 CFR 1928.110, and 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 and 
construction standards (29 CFR Parts 1910 and 1926) appropriate to 
hazards found in these employments; employment on military bases; and 
private sector employment at Area D of the Savannah River Site (power 
generation and transmission facilities operated by South Carolina 
Electric and Gas) and at the Three Rivers Solid Waste Authority. 
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; and the U.S. Postal Service 
(USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations.
* * * * *

    4. Section 1952.96 is revised to read as follows:


Sec. 1952.96  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, Atlanta Federal Center, 61 
Forsyth Street, SW, Room 6T50, Atlanta, Georgia 30303; and
Office of the Director, South Carolina Department of Labor, 
Licensing and Regulation, Koger Office Park, Kingstree Building, 110 
Centerview Drive, P.O. Box 11329, Columbia, South Carolina 29210.

Subpart D--Oregon

    5. Section 1952.105 is amended by revising paragraphs (a)(2), 
(a)(7), (a)(8), (a)(9) and (a)(10) to read as follows:


Sec. 1952.105  Level of Federal enforcement.

    (a) * * *
    (2) Standards in the maritime issues covered by 29 CFR Parts 1915, 
1917, 1918, and 1919 (shipyards, marine terminals, longshoring, and 
gear certification), and enforcement of general industry and 
construction standards (29 CFR Parts 1910 and 1926) appropriate to 
hazards found in these employments, which have been specifically 
excluded from coverage under the plan. This includes: employment on the 
navigable waters of the U.S.; shipyard and boatyard employment on or 
immediately adjacent to the navigable waters--including floating 
vessels, dry docks, graving docks and marine railways--from the front 
gate of the work site to the U.S. statutory limits; longshoring, marine 
terminal and marine grain terminal operations, except production or 
manufacturing areas and their storage facilities; construction 
activities emanating from or on floating vessels on the navigable 
waters of the U.S.; commercial diving originating from an object afloat 
a navigable waterway; and all other private sector places of employment 
on or adjacent to navigable waters whenever the activity occurs on or 
from the water;
* * * * *

[[Page 36620]]

    (7) Enforcement of occupational safety and health standards at all 
private sector establishments, including tribal and Indian-owned 
enterprises, on all Indian and non-Indian lands within the currently 
established boundaries of all Indian reservations, including the Warm 
Springs and Umatilla reservations, and on lands outside these 
reservations that are held in trust by the Federal government for these 
tribes. (Businesses owned by Indians or Indian tribes that conduct work 
activities outside the tribal reservation or trust lands are subject to 
the same jurisdiction as non-Indian owned businesses.);
    (8) Enforcement of occupational safety and health standards at 
worksites located within Federal military reservations, except private 
contractors working on U.S. Army Corps of Engineers dam construction 
projects, including reconstruction of docks or other appurtenances;
    (9) Investigations and inspections for the purpose of the 
evaluation of the plan under sections 18(e) and (f) of the Act (29 
U.S.C. 667(e) and (f)); and
    (10) Enforcement of occupational safety and health standards with 
regard to all Federal government employers and employees; and the U.S. 
Postal Service (USPS), including USPS employees, and contract employees 
and contractor-operated facilities engaged in USPS mail operations.
* * * * *

    6. Section 1952.107 is amended by adding a new paragraph (g) to 
read as follows:


Sec. 1952.107  Changes to approved plans.

* * * * *
    (g) Oregon's State plan changes extending Federal enforcement 
jurisdiction to shore side shipyard and boatyard employment, as 
described in a 1998 Memorandum of Understanding and addendum to the 
State's operational status agreement; and to all private sector 
employment, including tribal and Indian-owned enterprises, on all 
Indian reservations, including establishments on trust lands outside of 
reservations, as described in a separate 1998 addendum, were approved 
by the Assistant Secretary on January 6, 1999.

Subpart E--Utah

    7. 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; Federal government 
employers and employees; the U.S. Postal Service (USPS), including USPS 
employees, and contract employees and contractor-operated facilities 
engaged in USPS mail operations; 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.
* * * * *

    8. 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 and construction standards (29 
CFR Parts 1910 and 1926) 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. 1952.114(b). Federal jurisdiction is also retained 
with regard to: all employment on the Hill Air Force Base; Federal 
government employers and employees; and the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations. 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.
* * * * *
    9. Section 1952.116 is revised to read as follows:


Sec. 1952.116  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 1999 Broadway Suite 1690, 
Denver, Colorado 80202-5716; and
Office of the Commissioner, Labor Commission of Utah, 160 East 300 
South, 3rd Floor, P.O. Box 146650, Salt Lake City, Utah 84114-6650.

Subpart F--Washington

    10. Section 1952.121 is revised to read as follows:


Sec. 1952.121  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health

[[Page 36621]]

Administration, U.S. Department of Labor, Suite 715, 1111 Third 
Avenue, Seattle, Washington, 98101-3212;
Office of the Director, Washington Department of Labor and 
Industries, General Administration Building, P.O. Box 44001, 
Olympia, Washington 98504-4001; and
Office of the Director, Washington Department of Labor and 
Industries, General Administration Building, 7273 Linderson Way, 
SW., Tumwater, Washington, 98502.

    11. Section 1952.122 is revised to read as follows:


Sec. 1952.122  Level of Federal enforcement.

    (a) Pursuant to Secs. 1902.20(b)(1)(iii) and 1954.3 of this chapter 
under which an agreement has been entered into with Washington, 
effective May 30, 1975, and amended several times effective October 2, 
1979, May 29, 1981, April 3, 1987, and October 27, 1989; and based on a 
determination that Washington is operational in the issues covered by 
the Washington occupational safety and health 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 
and 1926, except as provided in this section. The U.S. Department of 
Labor will continue to exercise authority, among other things, with 
regard to:
    (1) Enforcement of new Federal standards until the State adopts a 
comparable standard;
    (2) Enforcement of all Federal standards, current and future, in 
the maritime issues covered by 29 CFR Parts 1915, 1917, 1918, and 1919 
(shipyards, marine terminals, longshoring, and gear certification), and 
enforcement of general industry and construction standards (29 CFR 
Parts 1910 and 1926) appropriate to hazards found in these employments, 
as they relate to employment under the exclusive jurisdiction of the 
Federal government on the navigable waters of the United States, 
including but not limited to dry docks or graving docks, marine 
railways or similar conveyances (e.g., syncrolifts and elevator lifts), 
fuel operations, drilling platforms or rigs, dredging and pile driving, 
and diving;
    (3) Complaints and violations of the discrimination provisions of 
section 11(c) of the Act (29 U.S.C. 660(c));
    (4) Enforcement in situations where the State is refused entry and 
is unable to obtain a warrant or enforce its right of entry;
    (5) Enforcement of unique and complex standards as determined by 
the Assistant Secretary;
    (6) Enforcement in situations when the State is unable to exercise 
its enforcement authority fully or effectively;
    (7) Enforcement of occupational safety and health standards within 
the borders of all military reservations;
    (8) Enforcement at establishments of employers who are enrolled 
members of the Yakima Indian Nation, where such employers' 
establishments are located within the Yakima reservation;
    (9) Enforcement at Tribally-owned establishments or at 
establishments owned by enrolled members of the Colville Confederated 
Tribes, where such establishments are located within the Colville 
reservation;
    (10) Investigations and inspections for the purpose of evaluation 
of the Washington plan under sections 18(e) and (f) of the Act (29 
U.S.C. 667(e) and (f)); and
    (11) Enforcement of occupational safety and health standards with 
regard to all Federal government employers and employees; and the U.S. 
Postal Service (USPS), including USPS employees, and contract employees 
and contractor-operated facilities engaged in USPS mail operations.
    (b) The OSHA Regional Administrator 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 Washington.

Subpart I--North Carolina

    12. Section 1952.154 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.154  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 North Carolina. The plan does not cover Federal 
government employers and employees; the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations; private sector 
maritime activities; employment on Indian reservations; enforcement 
relating to any contractors or subcontractors on any Federal 
establishment where the land has been ceded to the Federal Government, 
railroad employment, and enforcement on military bases.
* * * * *

    13. Section 1952.155 is amended by revising paragraph (b)(1) to 
read as follows:


Sec. 1952.155  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 North 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 
private sector maritime activities (occupational safety and health 
standards comparable to 29 CFR Parts 1915, shipyard employment; 1917, 
marine terminals; 1918, longshoring; and 1919; gear certification, as 
well as provisions of general industry and construction standards (29 
CFR Parts 1910 and 1926) appropriate to hazards found in these 
employments); employment on Indian reservations; enforcement relating 
to any contractors or subcontractors on any Federal establishment where 
the land has been ceded to the Federal Government; railroad employment, 
not otherwise regulated by another Federal agency; and enforcement on 
military bases. Federal jurisdiction is also retained with respect to 
Federal government employers and employees; and the U.S. Postal Service 
(USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations.
* * * * *

    14. Section 1952.156 is revised to read as follows:


Sec. 1952.156  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, Atlanta Federal Center, 61 
Forsyth Street, SW, Room 6T50, Atlanta, Georgia 30303; and
Office of the Commissioner, North Carolina Department of Labor, 4 
West Edenton Street, Raleigh, North Carolina 27601-1092.


[[Page 36622]]



Subpart J--Iowa

    15. 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; Federal government employers and employees; the 
U.S. Postal Service (USPS), including USPS employees, and contract 
employees and contractor-operated facilities engaged in USPS mail 
operations; bridge construction projects spanning the Mississippi and 
Missouri Rivers between Iowa and other States; 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.
* * * * *
    16. Section 1952.165 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.165  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 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 and construction standards (29 
CFR Parts 1910 and 1926) 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. 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. 1952.164(b). Federal OSHA will also retain authority for coverage 
of all Federal government employers and employees; and of the U.S. 
Postal Service (USPS), including USPS employees, and contract employees 
and contractor-operated facilities engaged in USPS mail operations.
    (2) 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.
* * * * *

    17. Section 1952.166 is revised to read as follows:


Sec. 1952.166  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, City Center Square, 1100 
Main Street, Suite 800, Kansas City, Missouri 64105; and
Office of the Commissioner, Iowa Division of Labor , 1000 E. Grand 
Avenue, Des Moines, Iowa 50319.

Subpart K--California

    18. Section 1952.171 is revised to read as follows:


Sec. 1952.171  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 71 Stevenson Street, 4th 
Floor, San Francisco, California 94105; and
Office of the Director, California Department of Industrial 
Relations, 455 Golden Gate Avenue, 10th Floor, San Francisco 94102.


    19. Section 1952.172 is amended by adding a new paragraph (b)(9) to 
read as follows:


Sec. 1952.172  Level of Federal enforcement.

* * * * *
    (b) * * *
    (9) Federal government employers and employees; and the U.S. Postal 
Service (USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations.
* * * * *

Subpart N--Minnesota

    20. 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 on the navigable waters of the United 
States; employment at the Twin Cities Army Ammunition Plant; Federal 
government employers and employees; the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations; 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 ``agricultural employment'' within the meaning of the 
Migrant and Seasonal

[[Page 36623]]

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.
* * * * *

    21. Section 1952.205 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.205  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 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 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 and 
construction standards (29 CFR Parts 1910 and 1926) appropriate to 
hazards found in these employments, as they relate to employment under 
the exclusive jurisdiction of the Federal government on the navigable 
waters of the United States. 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; over any tribal or private sector 
employment within any Indian reservation in the State; and over the 
U.S. Postal Service (USPS), including USPS employees, and contract 
employees and contractor-operated facilities engaged in USPS mail 
operations.
    (2) 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.
* * * * *

    22. Section 1952.206 is revised to read as follows:


Sec. 1952.206  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 230 S. Dearborn Street, 
32nd Floor, Room 3244, Chicago, Illinois 60604; and
Office of the Commissioner, Minnesota Department of Labor and 
Industry, 443 Lafayette Road, St. Paul, Minnesota 55155.

Subpart O--Maryland

    23. Section 1952.214 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.214  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 Maryland. The plan does not cover private sector maritime 
employment; Federal government employers and employees; the U.S. Postal 
Service (USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations; and 
employment on military bases.
* * * * *

    24. Section 1952.215 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.215  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 Maryland 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 private 
sector 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 and 
construction standards (29 CFR Parts 1910 and 1926) appropriate to 
hazards found in these employments; and employment on military bases. 
Federal jurisdiction is also retained with respect to Federal 
government employers and employees; and the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations.
    (2) 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.
* * * * *
    25. Section 1952.216 is revised to read as follows:


Sec. 1952.216  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health

[[Page 36624]]

Administration, U.S. Department of Labor, The Curtis Center, 170 
South Independence Mall West--Suite 740 West, Philadelphia, 
Pennsylvania 19106-3309; and
Office of the Commissioner, Maryland Division of Labor and Industry, 
Department of Labor, Licensing and Regulation, 1100 N. Eutaw Street, 
Room 613, Baltimore, Maryland 21201-2206.

Subpart P--Tennessee

    26. Section 1952.224 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.224  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 Tennessee. The plan does not cover private sector 
maritime employment; Federal government employers and employees; the 
U.S. Postal Service (USPS), including USPS employees, and contract 
employees and contractor-operated facilities engaged in USPS mail 
operations; railroad employment; employment at Tennessee Valley 
Authority facilities and on military bases, as well as any other 
properties ceded to the United States Government.
* * * * *

    27. Section 1952.225 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.225  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 Tennessee 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 and construction standards (29 
CFR Parts 1910 and 1926) appropriate to hazards found in these 
employments; railroad employment, not otherwise regulated by another 
Federal agency; employment at Tennessee Valley Authority facilities and 
on military bases. Federal jurisdiction is also retained with respect 
to Federal government employers and employees, and the U.S. Postal 
Service (USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations.
    (2) 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 1952.226 is revised to read as follows:


Sec. 1952.226  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, Atlanta Federal Center, 61 
Forsyth Street, SW, Room 6T50, Atlanta, Georgia 30303; and
Office of the Commissioner, Tennessee Department of Labor, 710 James 
Robertson Parkway, Nashville, Tennessee 37243-0659.

Subpart Q--Kentucky

    29. 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; 
military bases; properties ceded to the U.S. Government; Federal 
government employers and employees; the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations; 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 horticul-tural 
commodities.
* * * * *
    30. Section 1952.235 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.235  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 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 and construction standards (29 
CFR Parts 1910 and 1926) 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; and the 
U.S. Postal Service (USPS),

[[Page 36625]]

including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations.
    (2) 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.
* * * * *

    31. Section 1952.236 is revised to read as follows:


Sec. 1952.96  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, Atlanta Federal Center, 61 
Forsyth Street, SW., Room 6T50, Atlanta, Georgia 30303; and
Office of the Secretary, Kentucky Labor Cabinet, 1047 U.S. Highway 
127 South, Suite 4, Frankfort, Kentucky 40601.

Subpart R--Alaska

    32. 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; worksites located on the navigable waters, including 
artificial islands; 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; 
Federal government employers and employees; the U.S. Postal Service 
(USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations; or 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.
* * * * *

    33. 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 and construction standards (29 CFR Parts 1910 and 
1926) appropriate to hazards found in these employments. Federal 
jurisdiction will 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 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 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, for Federal 
government employers and employees, and for the U.S. Postal Service 
(USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations.
* * * * *

    34. Section 1952.245 is revised to read as follows:


Sec. 1952.245  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, Suite 715, 1111 Third 
Avenue, Seattle, Washington, 98101-3212; and
Office of the Commissioner, Alaska Department of Labor, 1111 W. 8th 
Street, Room 306, P.O. Box 24119, Juneau, Alaska 99802-1149.

Subpart S--The Virgin Islands

    35. 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 private 
sector maritime employment; Federal government employers and employees; 
the U.S. Postal Service (USPS), including USPS employees, and contract 
employees and contractor-operated facilities engaged in USPS mail 
operations; 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

[[Page 36626]]

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(e) of the Act was suspended and full Federal concurrent 
enforcement authority reinstated on November 13, 1995.

* * * * *
    36. 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 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, Federal standards, rules, or orders 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 and construction standards (29 CFR Parts 
1910 and 1926) appropriate to hazards found in these employments. 
Federal jurisdiction is retained with respect to Federal government 
employers and employees; and the U.S. Postal Service (USPS), including 
USPS employees, and contract employees and contractor-operated 
facilities engaged in USPS mail operations. 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).
* * * * *
    37. Section 1952.255 is revised to read as follows:


Sec. 1952.255  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue 
NW, Room N3700, Washington, DC 20210;
Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 201 Varick Street, Room 
670, New York, New York 10014.
Office of the Commissioner, Virgin Islands Department of Labor, 16-
AB Church Street, St. Croix, Virgin Islands 00820-4666.

Subpart T--Michigan

    38. Section 1952.265 is revised to read as follows:


Sec. 1952.265  Level of Federal enforcement.

    Pursuant to Secs. 1902.20(b)(1)(iii) and 1954.3 of this chapter 
under which an agreement has been entered into with Michigan, effective 
January 6, 1977, and based on a determination that Michigan is 
operational in the issues covered by the Michigan occupational safety 
and health plan, discretionary Federal enforcement activity 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 and 1926, except as provided in this 
section. The U.S. Department of Labor will continue to exercise 
authority, among other things, with regard to: Complaints filed with 
the U.S. Department of Labor about violations of the discrimination 
provisions of section 11(c) of the Act (29 U.S.C. 660(c)); Federal 
standards promulgated subsequent to the agreement where necessary to 
protect employees, as in the case of temporary emergency standards 
promulgated under section 6(c) of the Act (29 U.S.C. 655(c)), in the 
issues covered under the plan and the agreement until such time as 
Michigan shall have adopted equivalent standards in accordance with 
subpart C of 29 CFR Part 1953; 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 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 Michigan plan; and investigations and 
inspections for the purpose of the evaluation of the Michigan plan 
under sections 18(e) and (f) of the Act (29 U.S.C. 667(e) and (f)). 
Federal OSHA will also retain authority for coverage of Federal 
government employers and employees; and of the U.S. Postal Service 
(USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations. The 
OSHA Regional Administrator 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 Michigan.

    39. Section 1952.266 is revised to read as follows:


Sec. 1952.266  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 230 S. Dearborn Street, 
32nd Floor, Room 3244, Chicago, Illinois 60604;
Office of the Director, Michigan Department of Consumer and Industry 
Services, 4th Floor, Law Building, 525 West Ottawa Street, Lansing, 
Michigan 48933 (Mailing address: P.O. Box 30004, Lansing, Michigan 
48909).

Subpart U--Vermont

    40. Section 1952.271 is revised to read as follows:


Sec. 1952.271  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, John F. Kennedy Federal 
Building, Room E-340, Boston, Massachusetts 02203; and
Office of the Commissioner, Vermont Department of Labor and 
Industry,

[[Page 36627]]

National Life Building-Drawer 20, 120 State Street, Montpelier, 
Vermont 05620-3401.


    41. Section 1952.272 is revised to read as follows:


Sec. 1952.272  Level of Federal enforcement.

    Pursuant to Secs. 1902.20(b)(1)(iii) and 1954.3 of this chapter 
under which an agreement has been entered into with Vermont, effective 
February 19, 1975, and based on a determination that Vermont is 
operational in issues covered by the Vermont occupational safety and 
health 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 and 1926, except as provided in this section. 
The U.S. Department of Labor will continue to exercise authority, among 
other things, with regard to: Complaints filed with the U.S. Department 
of Labor about violations of the discrimination provisions of section 
11(c) of the Act (29 U.S.C. 660(c)); federal standards promulgated 
subsequent to the agreement where necessary to protect employees, as in 
the case of temporary emergency standards promulgated under section 
6(c) of the Act (29 U.S.C. 665(c)), in the issues covered under the 
plan and the agreement until such time as Vermont shall have adopted 
equivalent standards in accordance with Subpart C of 29 CFR Part 1953; 
in private sector offshore 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 and construction standards (29 
CFR Parts 1910 and 1926) appropriate to hazards found in these 
employments, as they relate to employment under the exclusive 
jurisdiction of the Federal government on the navigable waters of the 
United States, including dry docks, graving docks, and marine railways; 
and investigations and inspections for the purpose of the evaluation of 
the Vermont plan under sections 18(e) and (f) of the Act (29 U.S.C. 
667(e) and (f)). Federal OSHA will also retain authority for coverage 
of Federal government employers and employees; and of the U.S. Postal 
Service (USPS), including USPS employees, and contract employees and 
contractor-operated facilities engaged in USPS mail operations. The 
OSHA Regional Administrator 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 Vermont.

Subpart W--Nevada

    42. Section 1952.294(b) is revised to read as follows:


Sec. 1952.294  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 Nevada. The plan does not cover Federal government 
employers and employees; any private sector maritime activities; 
employment on Indian land; any contractors or subcontractors on any 
Federal establishment where the land is determined to be exclusive 
Federal jurisdiction; and the U.S. Postal Service (USPS), including 
USPS employees, contract employees, and contractor-operated facilities 
engaged in USPS mail operations.
* * * * *

    43. Section 1952.295(b)(1) is revised to read as follows:


Sec. 1952.295  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 Nevada 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 any private 
sector maritime activities (occupational safety and health standards 
comparable to 29 CFR Parts 1915, shipyard employment; 1917, marine 
terminals; 1918, longshoring; and 1919, gear certification, as well as 
provisions of general industry and construction standards (29 CFR Parts 
1910 and 1926) appropriate to hazards found in these employments), 
employment on Indian land, and any contractors or subcontractors on any 
Federal establishment where the land is determined to be exclusive 
Federal jurisdiction. Federal jurisdiction is also retained with 
respect to Federal government employers and employees. Federal OSHA 
will also retain authority for coverage of the U.S. Postal Service 
(USPS), including USPS employees, contract employees, and contractor-
operated facilities engaged in USPS mail operations.

Subpart Y--Hawaii

    44. Section 1952.313 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.313  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 Hawaii. The plan does not cover maritime employment in 
the private sector; Federal government employers and employees; 
enforcement relating to any contractors or subcontractors on any 
Federal establishment where the land is determined to be exclusive 
Federal jurisdiction; and the U.S. Postal Service (USPS), including 
USPS employees, and contract employees and contractor-operated 
facilities engaged in USPS mail operations.
* * * * *

    45. Section 1952.314 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.314  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 Hawaii 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 and construction standards (29 CFR Parts 1910 and 
1926) appropriate to hazards found in these employments. Federal 
jurisdiction also remains in effect with respect to Federal government 
employers and employees, enforcement relating to any contractors or 
subcontractors on any Federal establishment where the land is 
determined to be exclusive Federal

[[Page 36628]]

jurisdiction; and the U.S. Postal Service (USPS), including USPS 
employees, and contract employees and contractor-operated facilities 
engaged in USPS mail operations.
* * * * *
    46. Section 1952.315 is revised to read as follows:


Sec. 1952.315  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 71 Stevenson Street, 4th 
Floor, San Francisco, California 94105; and
Office of the Director, Hawaii Department of Labor and Industrial 
Relations, 830 Punchbowl Street, Honolulu, Hawaii 96831.

Subpart Z--Indiana

    47. 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; Federal government employers and employees; the 
U.S. Postal Service (USPS), including USPS employees, and contract 
employees and contractor-operated facilities engaged in USPS mail 
operations; 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.
* * * * *

    48. 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 and construction standards (29 
CFR Parts 1910 and 1926) 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 
with respect to Federal government employers and employees, and the 
U.S. Postal Service (USPS), including USPS employees, and contract 
employees and contractor-operated facilities engaged in USPS mail 
operations.

    49. Section 1952.326 is revised to read as follows:


Sec. 1952.326  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:


Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N3700, Washington, DC 20210;
Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 230 S. Dearborn Street, 
32nd Floor, Room 3244, Chicago, Illinois 60604; and
Office of the Commissioner, Indiana Department of Labor, State 
Office Building, 402 West Washington Street, Room W195, 
Indianapolis, Indiana 46204.

Subpart BB--Wyoming

    50. 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; Federal government 
employers and employees; the U.S. Postal Service (USPS), including USPS 
employees, and contract employees and contractor-operated facilities 
engaged in USPS mail operations; 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 processing of agricultural or horticultural 
commodities.
* * * * *

    51. Section 1952.345 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.345  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 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,

[[Page 36629]]

marine terminals; Part 1918, longshoring; Part 1919, gear 
certification) as well as provisions of general industry and 
construction standards (29 CFR Parts 1910 and 1926) 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; Federal 
government employers and employees; and the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations.
    (2) 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.
* * * * *

    52. Section 1952.346 is revised to read as follows:


Sec. 1952.346  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 1999 Broadway Suite 1690, 
Denver, Colorado 80202-5716; and
Office of the Assistant Administrator, Worker's Safety and 
Compensation Division, Wyoming Department of Employment, Herschler 
Building, 2nd Floor East, 122 West 25th Street, Cheyenne, Wyoming 
82002.

Subpart CC--Arizona

    53. Section 1952.354 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.354  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 Arizona. The plan does not cover private sector maritime 
employment; Federal government employers and employees; enforcement 
relating to any contractors or subcontractors on any Federal 
establishment where the land is determined to be exclusive Federal 
jurisdiction; the U.S. Postal Service (USPS), including USPS employees, 
and contract employees and contractor-operated facilities engaged in 
USPS mail operations; copper smelters; concrete and asphalt batch 
plants that are physically connected to a mine or so interdependent 
with a mine as to form one integral enterprise; and Indian 
reservations.
* * * * *
    54. Section 1952.355 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.355  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 Arizona 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 and construction standards (29 
CFR Parts 1910 and 1926) appropriate to hazards found in these 
employments. Federal jurisdiction is also retained with respect to 
Federal government employers and employees; enforcement relating to any 
contractors or subcontractors on any Federal establishment where the 
land is determined to be exclusive Federal jurisdiction; the U.S. 
Postal Service (USPS), including USPS employees, and contract employees 
and contractor-operated facilities engaged in USPS mail operations; in 
copper smelters; in concrete and asphalt batch plants which are 
physically connected to a mine or so interdependent with the mine as to 
form one integral enterprise; and within Indian reservations.
    (2) 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.
* * * * *

    55. Section 1952.356 is revised to read as follows:


Sec. 1952.356  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 71 Stevenson Street, 4th 
Floor, San Francisco, California 94105; and
Office of the Director, Industrial Commission of Arizona, 800 W. 
Washington, Phoenix, Arizona 85007.

Subpart DD--New Mexico

    56. Section 1952.365 is amended by removing ``and'' at the end of 
paragraph (a)(8), by revising paragraph (a)(9), and by adding paragraph 
(a)(10) to read as follows:


Sec. 1952.365  Level of Federal enforcement.

* * * * *
    (a) * * *
    (9) Enforcement of occupational safety and health standards with 
regard to Federal government employers and employees; and the U.S. 
Postal Service (USPS), including USPS employees, and contract employees 
and contractor-operated facilities engaged in USPS mail operations; and
    (10) Investigations and inspections for the purpose of the 
evaluation of the New Mexico plan under sections 18(e)

[[Page 36630]]

and (f) of the Act (29 U.S. C. 667 (e) and (f)).
* * * * *

Subpart EE--Virginia

    57. Section 1952.374 is amended by revising paragraph (b) to read 
as follows:


Sec. 1952.374  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 Virginia. The plan does not cover private sector maritime 
employment; worksites located within Federal military facilities as 
well as on other Federal enclaves where civil jurisdiction has been 
ceded by the State to the Federal government; Federal government 
employers and employees; and the U.S. Postal Service (USPS), including 
USPS employees, and contract employees and contractor-operated 
facilities engaged in USPS mail operations.
* * * * *

    58. Section 1952.375 is amended by revising paragraph (b)(1) to 
read as follows:


Sec. 1952.375  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 Virginia 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 and construction standards (29 
CFR Parts 1910 and 1926) appropriate to hazards found in these 
employments, and employment at worksites located within Federal 
military facilities as well as on other Federal enclaves where civil 
jurisdiction has been ceded by the State to the Federal government. 
Federal jurisdiction is also retained with respect to Federal 
government employers and employees, and the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations.
* * * * *

    59. Section 1952.376 is revised to read as follows:


Sec. 1952.376  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N3700, Washington, DC 20210;
Office of the Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, The Curtis Center, 170 
South Independence Mall West--Suite 740 West, Philadelphia, 
Pennsylvania 19106-3309; and
Office of the Commissioner, Virginia Department of Labor and 
Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, 
Virginia 23219.

Subpart FF--Puerto Rico

    60. Section 1952.381 is revised to read as follows:


Sec. 1952.381  Where the plan may be inspected.

    A copy of the principal documents comprising the plan may be 
inspected and copied during normal business hours at the following 
locations:

Office of State Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N3700, Washington, DC 20210;
Regional Administrator, Occupational Safety and Health 
Administration, U.S. Department of Labor, 201 Varick Street, Room 
670, New York, New York 10014.
Office of the Secretary, Puerto Rico Department of Labor and Human 
Resources, Prudencio Rivera Martinez Building, 505 Munoz Rivera 
Avenue, Hato Rey, Puerto Rico 00918.


    61. Section 1952.382 is revised to read as follows:


Sec. 1952.382  Level of Federal enforcement.

* * * * *
    Pursuant to Sec. 1902.20(b)(1)(iii) and Sec. 1954.3 of this chapter 
under which an agreement has been entered into with Puerto Rico, 
effective December 8, 1981, and based on a determination that Puerto 
Rico is operational in the issues covered by the Puerto Rico 
occupational safety and health 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 and 1926 except as 
provided in this section. The U.S. Department of Labor will continue to 
exercise authority, among other things, with regard to: complaints 
filed with the U.S. Department of Labor alleging discrimination under 
section 11(c) of the Act (29 U.S.C. 660(c)); safety and health in 
private sector maritime activities and will continue to enforce all 
provisions of the Act, rules of 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 and construction standards (29 CFR Parts 1910 and 
1926) appropriate to hazards found in these employments; enforcement 
relating to any contractors or subcontractors on any Federal 
establishment where the State cannot obtain entry; enforcement of new 
Federal standards until the State adopts a comparable standard; 
situations where the State is refused entry and is unable to obtain a 
warrant or enforce the right of entry; enforcement of unique and 
complex standards as determined by the Assistant Secretary; situations 
when the State is temporarily unable to exercise its enforcement 
authority fully or effectively; completion of enforcement actions 
initiated prior to the effective date of the agreement; and 
investigations and inspections for the purpose of the evaluation of the 
Puerto Rico plan under sections 18(e) and (f) of the Act (29 U.S.C. 
667(e) and (f)). Federal OSHA will also retain authority for coverage 
of Federal employers and employees, and the U.S. Postal Service (USPS), 
including USPS employees, and contract employees and contractor-
operated facilities engaged in USPS mail operations. The OSHA Regional 
Administrator 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 Puerto 
Rico.

[FR Doc. 00-14150 Filed 6-8-00; 8:45 am]
BILLING CODE 4510-26-P