[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15458-15462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05075]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2023-005]


Oregon State Plan for Occupational Safety and Health; Proposed 
Final Approval, Request for Public Comment, and Notice of Opportunity 
To Request Informal Public Hearing

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

ACTION: Proposed final approval for separable portion of State Plan; 
request for written comments; notice of opportunity to request informal 
public hearing.

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SUMMARY: This document gives notice of the eligibility of the Oregon 
State occupational safety and health plan (State Plan) for 
determination under Section 18(e) of the Occupational Safety and Health 
Act of 1970 as to whether final approval of the State Plan over 
temporary labor camps should be granted. This notice of eligibility for 
an 18(e) determination applies only to coverage of temporary labor 
camps and does not affect or disturb the previous grant of final 
approval in 2005 as to all other issues covered by the Oregon State 
Plan. If an affirmative determination under section 18(e) is made, the 
Federal standard and enforcement authority will no longer apply to 
temporary labor camps.

[[Page 15459]]


DATES: 
    Written comments: Comments and requests for an informal hearing 
must be received by April 17, 2023.
    Informal public hearing: Any interested person may request an 
informal hearing concerning the final approval of the State Plan over 
temporary labor camps. OSHA will hold such a hearing if the Assistant 
Secretary of Labor for Occupational Safety and Health (Assistant 
Secretary) finds that substantial objections have been filed. After the 
close of the comment period, the Assistant Secretary will review all 
comments submitted; will review all hearing requests; and will schedule 
an informal hearing if a hearing is required.
    Publication in Oregon: No later than 10 days following the date of 
publication of this notice in the Federal Register, Oregon shall 
publish, or cause to be published, reasonable notice within the State 
containing the same information contained herein.

ADDRESSES: 
    Written comments: You may submit written comments or requests for 
an informal hearing, identified by Docket No. OSHA-2023-005,\1\ 
electronically at www.regulations.gov, which is the Federal e-
Rulemaking Portal. Follow the online instructions for making electronic 
submissions.
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    \1\ Documents submitted to the docket by OSHA or stakeholders 
are assigned document identification numbers (Document ID) for easy 
identification and retrieval. The full Document ID is the docket 
number plus a unique four-digit code.
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    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA 2023-005). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public or 
submitting materials that contain personal information (either about 
themselves or others), such as Social Security Numbers and birthdates. 
Submissions must clearly identify the issues addressed and the 
positions taken.
    Docket: To read or download comments or other material in the 
docket, go to Docket No. OSHA-2023-005 at www.regulations.gov. All 
comments and submissions are listed in the www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through that website. All comments and 
submissions are available for inspection and, where permissible, 
copying, by appointment, at the OSHA Docket Office. Contact the OSHA 
Docket Office, U.S. Department of Labor; telephone: (202) 693-2350 (TTY 
number: (877) 889-5627).
    Electronic copies of this Federal Register document are available 
at www.regulations.gov. Other information about the Oregon State Plan 
is posted on the State's website at https://osha.oregon.gov.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Contact Frank Meilinger, Director, Office of 
Communications, U.S. Department of Labor; telephone (202) 693-1999; 
email: [email protected].
    For general and technical information: Contact Douglas J. 
Kalinowski, Director, OSHA Directorate of Cooperative and State 
Programs, U.S. Department of Labor; telephone (202) 693-2200; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 18 of the Occupational Safety and Health Act of 1970, 29 
U.S.C. 651 et seq. (``OSH Act'' or ``Act''), provides that states which 
desire to assume responsibility for the development and enforcement of 
occupational safety and health standards may do so by submitting, and 
obtaining Federal approval of, a state plan (``State Plan'' or 
``Plan''). Procedures for State Plan submission and approval are set 
forth in regulations at 29 CFR part 1902. If the Assistant Secretary of 
Labor for Occupational Safety and Health (``Assistant Secretary'') 
finds that the State Plan satisfies, or will satisfy, the criteria set 
forth in Section 18(e) of the Act and 29 CFR 1902.3 and 1902.4, 
``initial approval'' is granted.\2\
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    \2\ Section 18(c) provides: The Secretary shall approve the plan 
submitted by a State under subsection (b), or any modification 
thereof, if such plan in his judgement--(1) designates a State 
agency or agencies as the agency or agencies responsible for 
administering the plan throughout the State, (2) provides for the 
development and enforcement of safety and health standards relating 
to one or more safety or health issues, which standards (and the 
enforcement of which standards) are or will be at least as effective 
in providing safe and healthful employment and places of employment 
as the standards promulgated under section 6 which relate to the 
same issues, and which standards, when applicable to products which 
are distributed or used in interstate commerce, are required by 
compelling local conditions and do not unduly burden interstate 
commerce, (3) provides for a right of entry and inspection of all 
workplaces subject to the Act which is at least as effective as that 
provided in section 8, and includes a prohibition on advance notice 
of inspections, (4) contains satisfactory assurances that such 
agency or agencies have or will have the legal authority and 
qualified personnel necessary for the enforcement of such standards, 
(5) gives satisfactory assurances that such State will devote 
adequate funds to the administration and enforcement of such 
standards, (6) contains satisfactory assurances that such State 
will, to the extent permitted by its law, establish and maintain an 
effective and comprehensive occupational safety and health program 
applicable to all employees of public agencies of the State and its 
political subdivisions, which program is as effective as the 
standards contained in an approved plan, (7) requires employers in 
the State to make reports to the Secretary in the same manner and to 
the same extent as if the plan were not in effect, and (8) provides 
that the State agency will make such reports to the Secretary in 
such form and containing such information, as the Secretary shall 
from time to time require (29 U.S.C. 667(c)).
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    A state may commence operations under its Plan after the initial 
approval determination is made, but the Assistant Secretary retains 
discretionary concurrent Federal authority over occupational safety and 
health issues covered by the Plan during the initial approval period as 
provided by Section 18(e) of the Act. OSHA regulations provide that in 
states with initially-approved Plans, OSHA and the state enter into an 
operational status agreement describing the division of 
responsibilities between them and suspending concurrent Federal 
authority, as deemed appropriate (29 CFR 1954.3).
    If, after a period of no less than three years, the Assistant 
Secretary determines that the State Plan has satisfied and continues to 
meet all criteria in Section 18(e) of the OSH Act, the Assistant 
Secretary may make an affirmative determination under Section 18(e) of 
the Act (referred to as ``final approval'' of the State Plan), which 
results in the relinquishment of concurrent Federal authority in the 
state with respect to occupational safety and health issues covered by 
the Plan (29 U.S.C. 667(e)). Procedures for Section 18(e) 
determinations are found in 29 CFR part 1902, subpart D. In general, to 
be granted final approval, actual operation of the occupational safety 
and health Plan by the state must be at least as effective as the 
Federal OSHA program in all areas covered under the State Plan.

II. History of the Present Proceedings

A. Final Approval of the Oregon State Plan Except as to Temporary Labor 
Camps

    The Oregon State Plan, administered by the Oregon Department of 
Consumer and Business Services, received initial approval on December 
28, 1972 (37 FR 28628). On January 23, 1975, OSHA and the State of 
Oregon entered into an Operational Status Agreement (OSA), which 
suspended the exercise of concurrent Federal authority in Oregon

[[Page 15460]]

in all except specifically identified areas (40 FR 18427). On December 
16, 2004, OSHA published notice (69 FR 75436) that the Oregon State 
Plan was eligible for a determination as to whether final approval of 
the Plan should be granted under Section 18(e) of the Act for all 
issues covered by the Plan, with the exception of temporary labor camps 
in agriculture, general industry, construction, and logging. The notice 
stated that the issue of temporary labor camps was being excluded from 
final approval at that time pending resolution of OSHA's concerns 
regarding the effectiveness of Oregon's temporary labor camps 
standards.
    After allowing a period for comment, the Assistant Secretary 
subsequently granted the Oregon State Plan final approval on May 12, 
2005, with respect to all issues covered by the Plan except temporary 
labor camps (70 FR 24947). In granting final approval, the Assistant 
Secretary made an affirmative determination that the Oregon State Plan 
had applied and implemented, in actual operations, each of the criteria 
set forth in Section 18(e) of the Act and 29 CFR 1902.37 as to all 
portions of the State Plan except temporary labor camps. The Assistant 
Secretary's findings discussed, among other things, standards, 
variances, enforcement, the public employee program, staffing and 
resources, records and reports, voluntary compliance, and injury/
illness rates. The Assistant Secretary determined that as to each 
matter, the State Plan was at least as effective as the Federal program 
and met the statutory and regulatory requirements for final approval.
    As a result of this affirmative determination under Section 18(e) 
of the Act, OSHA's standards and enforcement authority over all 
worksites covered by the Oregon State Plan (except temporary labor 
camps) was relinquished. The OSA, effective January 23, 1975, and as 
amended, effective December 12, 1983 and November 27, 1991, was 
superseded by the grant of final approval, except that it continued to 
apply to temporary labor camps in agriculture, general industry, 
construction, and logging.

B. Oregon's Temporary Labor Camps Standards

    OSHA had originally approved the Oregon State Plan's Temporary 
Labor Camps standard on October 1, 1976 (41 FR 43485), concluding that 
the standard was at least as effective as the comparable Federal 
standard. The standard remained substantively unchanged until 2000, 
when the Oregon State Plan, on its own initiative through 
Administrative Order 5-2000, adopted revisions to the State's 
Agricultural Labor Housing (ALH) and Related Facilities standard 
(Division 4/J, OAR 437-004-1120) and the Labor Camps standard (Division 
2/J, OAR 437-002-0142). Some of the updates to the rules included 
regrouping subjects into more logical categories, synchronizing with 
the Oregon Building Codes Division, and changing requirements for 
garbage and refuse, emergency exits, bedding, and ratios of toilet, 
handwashing, and bathing facilities.
    OSHA responded to the Oregon State Plan on February 28, 2001, 
identifying instances in which OSHA had concerns that the State's 
standards were less effective than the comparable Federal rules. Over 
the next several years, OSHA, the Wage and Hour Division (WHD),\3\ and 
the Oregon State Plan continued to engage on this matter in order to 
resolve the identified concerns.
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    \3\ In January 1997, the Secretary of the Department of Labor 
issued Secretary's Orders 5-96 (62 FR 107) and 6-96 (62 FR 111), 
transferring some of OSHA's authority to enforce the Federal Field 
Sanitation standard (29 CFR 1928.110) and Temporary Labor Camps 
standard (29 CFR 1910.142) to what would later become WHD (see 74 FR 
58836). Accordingly, WHD had an interest in the Oregon State Plan's 
temporary labor camps enforcement activity and OSHA consequently 
sought WHD's input in evaluating the standards.
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    While those conversations were ongoing, OSHA and the Oregon State 
Plan began the separate process of Section 18(e) final approval with 
the issuance of a Federal Register notice on December 16, 2004 (69 FR 
75436). However, as noted above, the proposed grant of final approval 
excluded temporary labor camps due to OSHA's then-unresolved concerns 
regarding the effectiveness of Oregon's temporary labor camps 
standards. The 2004 notice of eligibility for final approval provided 
that OSHA intended to work with Oregon to resolve all effectiveness 
issues with regard to its two temporary labor camps standards so that 
final approval could be extended to all covered issues (69 FR 75438).
    After further informal discussions with OSHA and WHD, along with 
feedback from its stakeholders, the Oregon State Plan subsequently 
filed changes to its ALH and Related Facilities and Temporary Labor 
Camps standards on March 24, 2008 (Administrative Order 4-2008), to 
make the rules as effective as Federal OSHA's. Some of the major 
changes to the ALH and Related Facilities rule (OAR 437-004-1120) 
included updated requirements for: space and ceiling heights (with 
effective dates of 2018 in some cases); screens; minimum window area; 
shower and sink ratios; nearby livestock operations; ground clearance; 
heating equipment; water pressure; laundry facilities; garbage pickup; 
and privy distance from housing. References to tents were also removed. 
For the Temporary Labor Camps rule (OAR 437-002-0142), Oregon removed 
the entire text of the rule and added new language stating that the ALH 
and Related Facilities rule at OAR 437-004-1120 applies to general 
industry, construction, and forest activities as well as agriculture, 
except for a few limited paragraphs that address certain camp 
registration and closure requirements. Following further communication 
with OSHA, Oregon subsequently made additional changes to the ALH and 
Related Facilities rule on January 26, 2009 (Administrative Order 1-
2009), to reflect changes in heater technology, clarify effective 
dates, and to require enclosed, screened shelters for cooking and 
eating facilities.
    All changes promulgated by Oregon Administrative Orders 4-2008 and 
1-2009 were effective as of January 1, 2018. On August 21, 2018, at the 
quarterly monitoring meeting, the Oregon State Plan Administrator 
requested that OSHA review and consider removal of the temporary labor 
camps exception to the State Plan's 18(e) final approval status. WHD 
approved the changes on December 3, 2020, and the OSHA X regional 
office approved the rule and recommended removal of the temporary labor 
camps exception to Oregon's 18(e) final approval status on December 18, 
2020.\4\
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    \4\ OSHA's December 18, 2020 approval letter referenced only 
Oregon's ALH and Related Facilities standard, OAR 437-004-1120. 
However, OSHA intended to also approve the separate Temporary Labor 
Camps standard, OAR 437-002-0142, which is identical to the ALH and 
Related Facilities standard except as to certain limited provisions. 
Accordingly, the OSHA X regional office sent a subsequent approval 
letter on May 5, 2022, to clarify that the general industry 
provisions for temporary labor camps addressed by Administrative 
Order 4-2008 were also approved.
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    Subsequently, on May 9, 2022, in response to a March 10, 2020 
Executive Order issued by Oregon Governor Kate Brown, the Oregon State 
Plan adopted new ``Rules to Address Employee and Labor Housing Occupant 
Exposure to High Ambient Temperatures'' (pursuant to Administrative 
Order 3-2022), to take effect on June 15, 2022. Specifically, 
Administrative Order 3-2022 established a new Heat Illness Prevention 
standard applicable to general industry workers (OAR 437-002-0156), 
established a new Heat Illness Prevention standard applicable to 
agricultural workers (OAR 437-004-1131), and amended Oregon's ALH and 
Related Facilities standard (OAR 437-

[[Page 15461]]

004-1120) to add new provisions on heat illness prevention in labor 
housing. OSHA approved this state-initiated change on June 3, 2022, 
finding the rules to be at least as effective as and more stringent 
than Federal requirements.

III. Determination of Eligibility

    This Federal Register document announces the eligibility of the 
Oregon State Plan for a final approval determination under Section 
18(e) as to temporary labor camps in agriculture, general industry, 
construction, and logging. 29 CFR 1902.39(c) requires that notice of 
this determination of eligibility be published in order to seek public 
input prior to the Assistant Secretary's decision.
    Pursuant to 29 CFR 1902.37(a), the Assistant Secretary, as part of 
the final approval process, must determine if the State has applied and 
implemented all the specific criteria and indices of effectiveness of 
Sec. Sec.  1902.3 and 1902.4. The Assistant Secretary must make this 
determination by considering the factors set forth in Sec.  1902.37(b). 
As documented in the 2004 notice of eligibility for final approval (69 
FR at 75438) and the 2005 notice of final approval (70 FR 24947), the 
Assistant Secretary has already published findings and conclusions as 
to the vast majority of the specific criteria identified in Sec. Sec.  
1902.3, 1902.4, and 1902.37(b), none of which are presently at issue. 
Accordingly, the only determination at issue now is whether the Oregon 
State Plan's temporary labor camps standards are at least as effective 
as the Federal standards, such that final approval should be extended 
to that coverage area (see generally Sec. Sec.  1902.3(c)(1), 
1902.4(b), and 1902.37(b)(3) and (b)(4)).
    OSHA is satisfied that the Oregon State Plan's amended temporary 
labor camps standards, as summarized above, indicate that the 
applicable regulatory indices and criteria are being met. The Assistant 
Secretary accordingly has made an initial determination that the Oregon 
State Plan is eligible for an affirmative Section 18(e) determination 
as to temporary labor camps. The determination of eligibility is based 
upon OSHA's findings that the criteria of Section 18(c) of the Act are 
being applied in actual operation in a manner at least as effective as 
the Federal program.
    OSHA's regulations provide that after making an initial 
determination of eligibility for final approval, a notice must be 
published in the Federal Register and interested parties must be 
provided an opportunity to submit in writing, data, views, and 
arguments on the proposed 18(e) determination within 35 days after 
publication (29 CFR 1902.39(e)). Further, the regulations provide that 
any interested person or the affected State may request an informal 
hearing on the proposed affirmative 18(e) determination whenever 
particularized written objections thereto are filed, and that OSHA must 
afford an opportunity for an informal hearing if the Assistant 
Secretary finds that substantial objections have been filed (29 CFR 
1902.39(f)-(g)). In order to encourage the submission of informed and 
specific public comment, OSHA encourages commenters to review the 
documents contained in Docket No. OSHA-2023-005, which can be accessed 
electronically at www.regulations.gov, and to review Oregon's amended 
ALH and Related Facilities standard (Division 4/J, OAR 437-004-1120) 
and Labor Camps standard (Division 2/J, OAR 437-002-0142), available to 
the public on the State's website at https://osha.oregon.gov.

IV. Effect of Section 18(e) Determination

    If the Assistant Secretary, after review of any written comments 
received and the results of any informal hearing if requested and held, 
determines that the statutory and regulatory criteria applicable to the 
Oregon State Plan's temporary labor camps standards are being applied 
in actual operations, final approval will be granted and Federal 
standards and enforcement authority will cease to be in effect with 
respect to temporary labor camps, as provided by Section 18(e) of the 
Act and 29 CFR 1902.42(c). In the event an affirmative Section 18(e) 
determination is made by the Assistant Secretary following the 
proceedings described in the present notice, a notice will be published 
in the Federal Register in accordance with 29 CFR 1902.43. The notice 
will specify the issues as to which Federal standards and enforcement 
authority are withdrawn. The notice will also state that if continuing 
evaluations show that the State has failed to maintain a program which 
is at least as effective as the Federal program, or that the State has 
failed to submit program change supplements as required by 29 CFR part 
1953, the Assistant Secretary may revoke or suspend final approval and 
reinstate Federal enforcement authority or, if the circumstances 
warrant, initiate action to withdraw approval of the State Plan.

V. Documents of Record

    All information and data presently available to OSHA relating to 
this Section 18(e) proceeding have been made a part of the record in 
this proceeding and placed in the OSHA Docket Office. These documents 
have also been posted electronically at www.regulations.gov, which is 
the Federal e-Rulemaking portal. The contents of the record and all 
comments and submissions are available for inspection and, where 
permissible, copying, by appointment, at the OSHA Docket Office; 
telephone: (202) 693-2350 (TTY number: (877) 889-5627).
    The contents of the record are also available for in-person 
inspection by contacting: Office of the Regional Administrator, U.S. 
Department of Labor--OSHA: telephone: (206) 757-6700, fax: (206) 757- 
6705; and Department of Consumer and Business Services, Oregon 
Occupational Safety and Health Division: telephone: (503) 378-3272, 
fax: (503) 947-7461.
    To date, the record on this final approval determination includes: 
Oregon Administrative Order 5-2000; OSHA's letter to Oregon OSHA dated 
February 28, 2001; Oregon Administrative Order 4-2008 and related 
documentation; OSHA's letter to Oregon OSHA dated October 3, 2008; 
Oregon Administrative Order 1-2009 and related documentation; OSHA's 
memo to Wage and Hour Division recommending approval dated November 26, 
2019; Wage and Hour Division's memo to OSHA concurring with approval 
dated December 3, 2020; OSHA's letter to Oregon OSHA approving AO 4-
2008 and AO 1-2009 in agriculture dated December 18, 2020; OSHA's 
letter to Oregon OSHA clarifying approval of AO 4-2008 in general 
industry, dated May 5, 2022; Oregon Administrative Order 3-2022 and 
related documentation; and OSHA's letter to Oregon OSHA approving 
Administrative Order 3-2022, dated June 3, 2022.

VI. Public Participation

    The Assistant Secretary's decision whether to grant an affirmative 
18(e) determination to the Oregon State Plan for labor camps coverage 
will be made after careful consideration of all relevant information 
presented in the rulemaking. To aid the Assistant Secretary in making 
this decision, OSHA is soliciting public participation in this process. 
Interested parties are encouraged to submit all relevant information, 
views, data, and arguments related to the indices, criteria, and 
factors presented in 29 U.S.C. 667(c) and 29 CFR part 1902, as they 
apply to the Oregon State Plan's temporary labor camps coverage.

[[Page 15462]]

    Notice in the State of Oregon: Oregon is required to publish 
reasonable notice of the contents of this Federal Register notice 
within the State no later than 10 days following the date of 
publication of this notice (29 CFR 1902.39(c)).
    Written comments: OSHA invites interested persons to submit written 
data, views, and comments with respect to this proposal to grant an 
affirmative Section 18(e) determination of the Oregon State Plan's 
temporary labor camps coverage. When submitting comments, persons must 
follow the procedures specified above in the sections titled DATES and 
ADDRESSES. Submissions must clearly identify the issues addressed and 
the positions taken. Comments received by the end of the specified 
comment period will become part of the record and will be available for 
public inspection and copying at the OSHA Docket Office, as well as 
online at www.regulations.gov (Docket Number OSHA-2023-005). As 
required by OSHA's regulations, the State of Oregon will be afforded 
the opportunity to respond to each submission before the Assistant 
Secretary makes a final decision (29 CFR 1902.39(e)).
    Informal public hearing: Pursuant to 29 CFR 1902.39(f), interested 
persons may request an informal hearing concerning the proposed Section 
18(e) determination. Such requests also must be received on or before 
April 17, 2023. Such requests must present particularized written 
objections to the proposed Section 18(e) determination. OSHA will hold 
the informal hearing if the Assistant Secretary finds that substantial 
objections have been filed (29 CFR 1902.39(g)). As required by 
regulation, the Assistant Secretary will decide whether an informal 
hearing is warranted within 30 days of the last day for filing written 
views or comments and, if so, will publish notice of the time and place 
of the scheduled hearing at that time. Commenters should note that a 
request for an informal hearing and a particularized written objection 
to the proposal is not the same as a substantial objection and OSHA 
will only hold a hearing if the Assistant Secretary finds that 
substantial objections have been filed. The Assistant Secretary will 
consider all written comments submitted when determining whether a 
substantial objection has been filed.
    Certification of the hearing record and Assistant Secretary final 
decision: Within a reasonable time after the close of the comment 
period (if no hearing is held) or after the certification of the record 
(if a hearing is held), after consideration of all relevant information 
which has been presented, the Assistant Secretary will publish a 
decision on the proposed affirmative 18(e) determination over temporary 
labor camps in the Federal Register (29 CFR 1902.41(a)).

VII. Federalism

    Executive Order 13132, ``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 Background section of today's request for public comments an 
explanation of the relationship between Federal OSHA and the State 
Plans under the OSH Act. Although the specific consultation procedures 
provided in section 6 of Executive Order 13132 are not mandatory for 
final approval decisions under the OSH Act because they neither impose 
a burden upon the state nor involve preemption of any state law, OSHA 
has nonetheless consulted extensively with Oregon on the matter of 
final approval as to temporary labor camps.

VIII. Regulatory Flexibility Act

    OSHA certifies pursuant to the Regulatory Flexibility Act of 1980 
(5 U.S.C. 601 et seq.) that this proposed final approval determination, 
if finalized, will not have a significant economic impact on a 
substantial number of small entities. Final approval of Oregon's 
temporary labor camps coverage would not place small employers in 
Oregon under any new or different requirements, nor would any 
additional burden be placed upon the State government beyond the 
responsibilities already assumed as part of the approved Plan.

Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Ave. NW, 
Washington, DC, authorized the preparation of this notice. OSHA is 
issuing this notice under the authority specified by Section 18 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 667), Secretary 
of Labor's Order No. 8-2020 (85 FR 58393 (Sept. 18, 2020)), and 29 CFR 
parts 1902 and 1956.

    Signed in Washington, DC, on February 28, 2023.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-05075 Filed 3-10-23; 8:45 am]
BILLING CODE 4510-26-P