[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63188-63190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26263]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952


Hawaii State Plan; Change in Level of Federal Enforcement: 
Military Installations

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

ACTION: Final rule.

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SUMMARY: This document gives notice of OSHA's approval of a change to 
the state of Hawaii's occupational safety

[[Page 63189]]

and health state plan to exclude coverage of private sector employers 
and employees at all military installations. The state of Hawaii, 
Department of Labor and Industrial Relations, requested in a November 
15, 2010 memorandum which was reiterated in a February 22, 2011, letter 
from the Governor, that jurisdiction be relinquished to federal OSHA 
for conducting safety and health inspections of private sector 
employers within the borders of all military installations in Hawaii. 
Accordingly, OSHA amends its regulations to reflect this change in the 
level of federal enforcement.

DATES: Effective Date: October 12, 2011.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger, 
Office of Communications, OSHA, U.S. Department of Labor, Room N-3647, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 
693-1999. General Information and Technical Inquiries: Laura Seeman, 
Acting Director, Office of State Programs, Directorate of Cooperative 
and State Programs, Room N-3700, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2244. An electronic copy of this Federal Register notice is available 
on OSHA's Web site at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 18 of the Occupational Safety and Health Act of 1970 (the 
Act), 29 U.S.C. 667, provides that states which wish to assume 
responsibility for developing and enforcing their own occupational 
safety and health standards may do so by submitting, and obtaining 
federal approval of, a state plan. State plan approval occurs in stages 
which include initial approval under Section 18(c) of the Act and, 
ultimately, final approval under Section 18(e).
    The Hawaii Occupational Safety and Health State Plan was initially 
approved under Section 18(c) of the Act and 29 CFR Part 1902 on 
December 28, 1973 (39 FR 1010). The Hawaii program is administered by 
the Hawaii Occupational Safety and Health (HIOSH) Division of the State 
Department of Labor and Industrial Relations. On April 30, 1984, OSHA 
awarded final approval to the Hawaii State Plan pursuant to Section 
18(e) and amended Subpart Y of 29 CFR part 1952 to reflect the 
Assistant Secretary's decision (49 FR 19182). As a result, OSHA 
relinquished its concurrent standards and enforcement authority with 
regard to occupational safety and health issues covered by the Hawaii 
State Plan. Federal OSHA retained its authority over safety and health 
in maritime employment in the private sector, federal government 
employers and employees, and enforcement relating to any contractors or 
subcontractors on any federal establishment where the land is 
determined to be exclusive federal jurisdiction. (OSHA jurisdiction 
over the U.S. Postal Service was added on June 9, 2000.)
    On November 15, 2010, Pearl Imada Iboshi, former Director of the 
Hawaii Department of Labor and Industrial Relations, wrote to the 
federal OSHA Regional Administrator requesting a change in the 
jurisdictional responsibilities between the Hawaii Occupational Safety 
and Health Division of the State Department of Labor and Industrial 
Relations, and federal OSHA regarding military installations in Hawaii. 
The reasons cited for this change were as follows: (1) to eliminate 
dual or overlapping state and federal jurisdiction; (2) to ease 
obtaining security clearances to highly classified and/or restricted 
areas; (3) to improve coverage of hazardous waterfront working 
conditions; and (4) to enhance the ability to negotiate with 
controlling federal agencies on hazard abatement and other compliance 
issues.
    Specifically, HIOSH relinquishes back to federal OSHA the 
jurisdiction and enforcement authority for conducting safety and health 
inspections of private sector employers within the borders of all 
military installations in Hawaii. Hawaii will retain responsibility for 
coverage of any state and local government employers and employees at 
these facilities. Accordingly, notice is hereby given of this change in 
federal enforcement authority over military installations in the state 
of Hawaii. OSHA is also amending its description of the state plan at 
29 CFR part 1952, subpart Y to reflect this change in the level of 
federal enforcement.

B. Obtaining Copies of Referenced Documents

    A copy of the documents referenced in this notice may be obtained 
from: Office of State Programs, Directorate of Cooperative and State 
Programs, Occupational Safety and Health Administration, Room N3700, 
200 Constitution Avenue, NW., Washington, DC 20210, (202) 693-2244, fax 
(202) 693-1671; Office of the Regional Administrator, Occupational 
Safety and Health Administration, San Francisco Federal Building, 90 
7th Street, Suite 18-100, San Francisco, California 94103, (415) 625-
2546, fax (415) 625-2526; and the Hawaii Department of Labor and 
Industrial Relations, HIOSH, 830 Punchbowl Street, Suite 425, Honolulu, 
Hawaii 96813, (808) 586-9100, fax (808) 586-9104. Other information 
about the Hawaii State Plan is posted on the state's Web site at  
http://hawaii.gov/labor/hiosh. Electronic copies of this Federal 
Register notice are available on OSHA's Web site at http://www.osha.gov.

C. Administrative Procedure

    This Federal Register document acknowledges a modification made by 
the state of Hawaii to its occupational safety and health state plan, 
and does not involve any regulatory action by federal OSHA. States with 
approved plans have authority to modify the statutes, regulations, and 
procedures in their plan, using procedures provided under state law. 
These state plan modifications have legal effect in the state as soon 
as they are adopted; pre-enforcement approval by federal OSHA is not 
required. 29 CFR 1953.3(a); see Florida Citrus Packers v. California, 
545 F. Supp. 216, 219 (N.D. Cal. 1982).
    The attached Federal Register notice is designated a ``final 
rule.'' That designation is necessary because OSHA publishes a general 
description of every state plan in 29 CFR part 1952. Because they are 
set forth in the Code of Federal Regulation, these descriptions can be 
updated only by publishing a ``final rule'' document in the final rules 
section of the Federal Register. Such rules do not contain any new 
federal regulatory requirements, but merely provide public information 
about changes already in effect under state law. Hawaii's determination 
that military installations will not be covered under the state's plan 
is within the state's discretion under section 18(b) of the Act. The 
present Federal Register notice simply provides information to the 
public concerning this action by the state.
    For this reason, public notice and comment are unnecessary, and 
good cause exists for making this final rule effective upon publication 
in the Federal Register. Accordingly, OSHA finds that public 
participation is unnecessary, and this notice constitutes approval of 
the change, effective upon publication in the Federal Register.

List of Subjects in 29 CFR Part 1952

    Military installations, Intergovernmental relations, Law 
enforcement, Occupational safety and health.


[[Page 63190]]


    Signed at Washington, DC, on September 26, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

    Part 1952 of 29 CFR is hereby amended as follows:

PART 1952--[AMENDED]

0
1. The authority section for Part 1952 continues to read as follows:

    Authority:  Section 18 of the OSH Act (29 U.S.C. 667), 29 CFR 
Part 1902, and Secretary of Labor's Order No. 5-2002 (67 FR 65008).

Subpart Y--Hawaii

0
2. In Sec.  1952.313 revise the second sentence of paragraph (b) to 
read as follows:


Sec.  1952.313  Final approval determination.

* * * * *
    (b) * * * 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; the U.S. Postal Service (USPS), including USPS employees, 
and contract employees and contractor-operated facilities engaged in 
USPS mail operations; and private sector employers on military 
installations.
* * * * *

0
3. In Sec.  1952.314 revise the fourth sentence of paragraph (b) to 
read as follows:


Sec.  1952.314  Level of Federal enforcement.

* * * * *
    (b) * * * 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 jurisdiction; the U.S. 
Postal Service (USPS), including USPS employees, and contract employees 
and contractor-operated facilities engaged in USPS mail operations; and 
private sector employers on military installations.
* * * * *
[FR Doc. 2011-26263 Filed 10-11-11; 8:45 am]
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