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§ 5.82
Issuance of notices relating to
proposals to refuse approval or to withdraw
approval of new drug applications and their
supplements.
(a) The Director, Deputy Center
Director for Review Management, and
Deputy Center Director for
Pharmaceutical Science, Center for Drug
Evaluation and Research (CDER), are
authorized to issue notices of an
opportunity for a hearing on proposals
to refuse approval or to withdraw
approval of new drug applications and
abbreviated new drug applications and
supplements thereto on drugs for
human use, except for those drugs listed
in § 314.440(b) of this chapter, that have
been submitted under section 505 of the
Federal Food, Drug, and Cosmetic Act
and subpart B of part 314 of this chapter
and to issue notices refusing approval or
withdrawing approval when
opportunity for hearing has been
waived.
* 
* 
* 
* 
*
29. Section 5.93 is amended by
revising paragraphs (a) and (b) to read
as follows:
§ 5.93
Submission of and effective
approval dates for abbreviated new drug
applications and certain new drug
applications.
* 
* 
* 
* 
*
(a) The Director, Deputy Center
Director for Review Management, and
Deputy Center Director for
Pharmaceutical Science, Center for Drug
Evaluation and Research (CDER).
(b) The Director and Deputy Director,
Division of Bioequivalence, Office of
Generic Drugs, Office of Pharmaceutical
Science, CDER.
30. Section 5.94 is amended by
revising paragraphs (b)(1) through (b)(3)
and by removing paragraph (b)(4) to
read as follows:
§ 5.94
Extensions or stays of effective
dates for compliance with certain labeling
requirements for human prescription drugs.
* 
* 
* 
* 
*
(b) *
*
*
(1) The Director, Deputy Center
Director for Review Management, and
Deputy Center Director for
Pharmaceutical Science, Center for Drug
Evaluation and Research (CDER).
(2) The Directors of the Offices of
Drug Evaluation I, II, III, IV, and V,
Office of Review Management, CDER.
(3) The Directors and Deputy
Directors of the divisions in the Offices
of Drug Evaluation I, II, III, IV, and V,
Office of Review Management, CDER.
Dated: December 16, 1996.
William K. Hubbard,
Associate Commissioner for Policy
Coordination.
[FR Doc. 97–1202 Filed 1–16–97; 8:45 am]
BILLING CODE 4160–01–F
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1952
Alaska, Indiana, Iowa, Kentucky,
Minnesota, South Carolina, Utah,
Virgin Islands and Wyoming State
Plans; Approval of Plan Supplements;
Changes in Level of Federal
Enforcement
AGENCY: Occupational Safety and Health
Administration (OSHA), U.S.
Department of Labor.
ACTION: Final rule.
SUMMARY: This document amends
OSHA’s regulations to reflect the
Assistant Secretary’s decision approving
amendments to nine (9) State plans to
exclude coverage of the field sanitation
standard and the temporary labor camp
standard as it applies in agriculture
(with the exception of temporary labor
camps for employees engaged in egg,
poultry or red meat production, or the
post-harvest processing of agricultural
or horticultural commodities) from their
State Plans. The States of Alaska,
Indiana, Iowa, Kentucky, Minnesota,
South Carolina, Utah, Virgin Islands,
and Wyoming have elected to follow the
jurisdictional transfer of authority as
effected by Secretary of Labor’s Orders
5–96 and 6–96, published in the Federal
Register on January 2, 1997, between
the Employment Standards
Administration (ESA) and OSHA with
regard to these two OSHA standards.
OSHA is hereby amending pertinent
sections of its regulations on approved
State plans to reflect this
relinquishment of State jurisdiction and
transfer of OSHA enforcement authority
to ESA in these nine (9) States and to
notify affected employers and
employees of this action. In fourteen
(14) other States operating OSHA-
approved State plans, enforcement of
the field sanitation and temporary labor
camp standards in agriculture will not
transfer to ESA and will continue as a
State responsibility. (These States are:
Arizona, California, Hawaii, Maryland,
Michigan, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico,
Tennessee, Vermont, Virginia and
Washington). In all other States under
Federal OSHA jurisdiction, ESA will
now exercise responsibility for
enforcement in agriculture of the OSHA
field sanitation and temporary labor
camp standards, except as noted.
EFFECTIVE DATE: February 3, 1997.
FOR FURTHER INFORMATION CONTACT:
Bonnie Friedman, Director, Office of
Information and Consumer Affairs,
Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N3637, 200 Constitution
Avenue NW., Washington, DC 20210,
(202) 219–8148.
SUPPLEMENTARY INFORMATION:
A. Introduction
Section 18 of the Occupational Safety
and Health Act of 1970, 29 U.S.C. 667,
provides that States which wish to
assume responsibility for developing
and enforcing their own occupational
safety and health standards may do so
by submitting and obtaining Federal
approval of a State plan. State plan
approval occurs in stages which include
initial approval under section 18(b) of
the Act and, ultimately, final approval
under section 18(e). Pursuant to section
18(e) OSHA previously announced in
the Federal Register final state plan
approval and relinquishment of
concurrent Federal jurisdiction for each
of the following nine States: Alaska,
Indiana, Iowa, Kentucky, Minnesota,
South Carolina, Utah, Virgin Islands,
and Wyoming. Through amendments to
their State plans, these nine States have
excluded coverage of the field sanitation
(29 CFR 1928.110) and temporary labor
camp (29 CFR 1910.142) standards in
agriculture (with the exception of
temporary labor camps for employees
engaged in egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities) from their
State plans. As provided in Secretary of
Labor’s Orders 5–96 and 6–96, effective
February 3, 1997, (62 FR 107–113,
January 2, 1997) this authority has been
subsequently transferred from the
Occupational Safety and Health
Administration (OSHA) to the
Employment Standards Administration
(ESA). Therefore, the applicable
subparts of 29 CFR Part 1952 are being
revised to effect this change in coverage
and enforcement jurisdiction.
B. Background
Following a one year pilot project and
pursuant to Secretary’s Orders 5–96 and
6–96 (62 FR 107–113), an exchange of
specific authorities and responsibilities
has been effected between the Assistant
Secretary for Occupational Safety and
Health and Assistant Secretary for
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Federal Register / Vol. 62, No. 12 / Friday, January 17, 1997 / Rules and Regulations
Employment Standards, as of February
3, 1997. This is the result of a
determination that the respective
agencies’ program expertise would be
better utilized, and, therefore, that the
Department of Labor’s resources would
be more effectively and efficiently
utilized, by a permanent transfer of
particular enforcement activities
between the Assistant Secretaries for
OSHA and ESA. Secretary’s Order 5–96
delegates to the Assistant Secretary for
ESA the Secretary’s authority under
sections 8, 9, and 10 of the Occupational
Safety and Health Act to conduct
inspections and investigations, issue
administrative subpoenas, issue
citations, assess and collect penalties,
and enforce any other remedies
available under the statute, and to
develop and issue compliance
interpretations under the statute, with
regard to the OSHA standards on:
(1) Field sanitation, 29 CFR 1928.110;
and
(2) Temporary labor camps, 29 CFR
1910.142, with respect to any
agricultural establishment where
employees are engaged in ‘‘agricultural
employment’’ within the meaning of the
Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of
employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that the
Assistant Secretary for OSHA retains
enforcement responsibility over
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.
The authority of the Assistant
Secretary for ESA under the OSH Act
with regard to the standards on field
sanitation and temporary labor camps
does not include any other agency
authorities or responsibilities, such as
rulemaking authority. Such authorities
under the statute are retained by the
Assistant Secretary for OSHA.
Similarly, the Secretary’s Order 6–96
delegates to the Assistant Secretary for
OSHA the authority for investigating
and resolving allegations of
discriminatory actions taken by
employers against employees in
violation of the requirements of the
following environmental and public
health statutes (so called
‘‘whistleblower’’ protection): the Safe
Drinking Water Act, the Energy
Reorganization Act of 1974, the
Comprehensive Environmental
Response Compensation and Liability
Act of 1980, the Federal Water Pollution
Control Act, the Toxic Substances
Control Act, the Solid Waste Disposal
Act, and the Clean Air Act) which had
been previously delegated to the
Assistant Secretary for Employment
Standards.
State Plan States
Because OSHA standards under
section 6 of the Act are in effect with
regard to the issues of field sanitation
and temporary labor camp safety and
health, the principles of preemption
under section 18 of the Act continue to
apply and are unaffected by the transfer
of responsibility for enforcement of
these standards from OSHA to ESA.
States may adopt and enforce
requirements relating to these
occupational issues only through the
vehicle of an OSHA-approved State
plan.
The 23 States who had assumed
responsibility for field sanitation and
temporary labor camp enforcement in
the private sector under their OSHA-
approved State plans were given two
options with regard to this Federal
transfer of responsibility: (1) They could
follow OSHA’s example by excluding
field sanitation and certain temporary
labor camp enforcement in agriculture
from coverage under their State plan.
OSHA would then modify the ‘‘Final
Approval Determination,’’ ‘‘Level of
Federal Enforcement’’ and the ‘‘Changes
to Approved Plans’’ sections in 29 CFR
Part 1952 for those State programs to
note the exclusion. Nine States [Alaska,
Indiana, Iowa, Kentucky, Minnesota,
South Carolina, Utah, Virgin Islands,
and Wyoming] have chosen to
relinquish their authority by submitting
appropriate plan change supplements;
or, (2) States could choose to retain their
OSHA enforcement responsibility for
the two standards under their State
plan. In this case, ESA would not
exercise its delegated authority and
would look to the State plan State to
continue to enforce the State’s
analogues of the temporary labor camp
and field sanitation standards. Fourteen
States [Arizona, California, Hawaii,
Maryland, Michigan, Nevada, New
Mexico, North Carolina, Oregon, Puerto
Rico, Tennessee, Vermont, Virginia and
Washington] have chosen to retain their
OSHA enforcement responsibility for
these two standards. Under the terms of
the Secretary’s Orders, the Assistant
Secretary for OSHA retains the authority
to monitor the activity of State plan
States with respect to field sanitation
and temporary labor camps.
Thus, the delegation of OSHA
enforcement authority to ESA with
regard to standards on field sanitation
and temporary labor camps will apply
in all States under Federal OSHA
enforcement jurisdiction and in those
nine (9) State plan States which choose
to exclude these standards from their
State Plan. OSHA (and the States) will
continue to enforce other standards that
are applicable to the agriculture
industry, including the temporary labor
camp standard as it applies to
employees engaged in egg, poultry or
red meat production, or the post-harvest
processing of agricultural or
horticultural commodities. The
whistleblower authority transferred
from ESA to OSHA will be retained
Federally as it is not delegable to the
State plans States.
C. Decision
29 CFR Part 1953 sets forth the
procedures by which the Assistant
Secretary will review changes to State
plans approved in accordance with
section 18(c) of the Act and Part 1902.
Having reviewed the nine States’ plan
change supplements in accordance with
these procedures, OSHA is hereby
amending 29 CFR Part 1952 to reflect
approval of these amendments and
other related changes with regard to
enforcement responsibility.
D. Public Participation
Under 29 CFR 1953.2(c), the Assistant
Secretary may prescribe alternative
procedures to expedite the review
process or for other good cause which
may be consistent with applicable laws.
As these State changes are identical to
the Federal action and impose no new
responsibilities or requirements on
employers, employees or the State, no
opportunity for further public comment
is required.
E. Regulatory Flexibility Act
OSHA certifies pursuant to the
Regulatory Flexibility Act of 1980 (5
U.S.C. 601 et seq.) that this action will
not have a significant economic impact
on a substantial number of small
entities. Transfer of enforcement
responsibility in these nine States will
not place small employers in these
States under any new or different
requirements, nor will any additional
burden be placed upon the State
government beyond the responsibilities
already assumed as part of the approved
State plan.
List of Subjects in 29 CFR Part 1952
Intergovernmental relations, Law
enforcement, Occupational safety and
health.
This document was prepared under
the direction of Joseph A. Dear,
Assistant Secretary of Labor for
Occupational Safety and Health. It is
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Federal Register / Vol. 62, No. 12 / Friday, January 17, 1997 / Rules and Regulations
issued under Section 18 of the OSH Act,
(29 U.S.C. 667), 29 CFR Part 1902, and
Secretary of Labor’s Order No. 1–90 (55
FR 9033).
Signed at Washington, D.C. this 9th day of
January 1997.
Joseph A. Dear,
Assistant Secretary.
For the reasons set out in the
preamble, 29 CFR part 1952, subparts C
(South Carolina), E (Utah), J (Iowa), N
(Minnesota), Q (Kentucky), R (Alaska), S
(Virgin Islands), Z (Indiana) and BB
(Wyoming) are hereby amended as set
forth below:
PART 1952—[AMENDED]
1. The authority citation of Part 1952
continues to read as follows:
Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C.
667); 29 CFR part 1902, Secretary of Labor’s
Order No. 1–90 (55 FR 9033).
Subpart C—South Carolina
2. Section 1952.94 is amended by
revising paragraph (b) to read as follows:
§ 1952.94
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in South
Carolina. The plan does not cover
private sector maritime employment;
military bases; Area D of the Savannah
River Site (power generation and
transmission facilities operated by
South Carolina Electric and Gas); the
enforcement of the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
camps standard, 29 CFR 1910.142, with
respect to any agricultural establishment
where employees are engaged in
‘‘agricultural employment’’ within the
meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number
of employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that
South Carolina retains enforcement
responsibility over agricultural
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.
* 
* 
* 
* 
*
3. Section 1952.95 is amended by
revising paragraph (b)(1) to read as
follows:
§ 1952.95
Level of Federal enforcement.
* 
* 
* 
* 
*
(b) (1) In accordance with section
18(e), final approval relinquishes
Federal OSHA authority only with
regard to occupational safety and health
issues covered by the South Carolina
plan. OSHA retains full authority over
issues which are not subject to State
enforcement under the plan. Thus,
Federal OSHA retains its authority
relative to safety and health in private
sector maritime activities, and will
continue to enforce all provisions of the
Act, rules or orders, and all Federal
standards, current or future, specifically
directed to maritime employment (29
CFR Part 1915, shipyard employment;
Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear
certification) as well as provisions of
general industry standards (29 CFR Part
1910) appropriate to hazards found in
these employments, and employment on
military bases and at Area D of the
Savannah River Site (power generation
and transmission facilities operated by
South Carolina Electric and Gas).
Federal jurisdiction is retained and
exercised by the Employment Standards
Administration, U.S. Department of
Labor, (Secretary’s Order 5–96, dated
December 27, 1996) with respect to the
field sanitation standard, 29 CFR
1928.110; and the enforcement of the
temporary labor camps standard, 29
CFR 1910.142, in agriculture, as
described in § 1952.94(b). Federal
jurisdiction is also retained with respect
to Federal government employers and
employees.
* 
* 
* 
* 
*
4. Section 1952.97 is amended by
adding paragraph (c) to read as follows:
§1952.97
Changes to approved plan.
* 
* 
* 
* 
*
(c) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997,
the Assistant Secretary approved South
Carolina’s plan amendment, dated
August 1, 1996, relinquishing coverage
for the issues of field sanitation (29 CFR
1928.110) and temporary labor camps
(29 CFR 1910.142) in agriculture (except
for agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.) The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in South Carolina pursuant to Secretary
of Labor’s Order 5–96, dated December
27, 1996.
Subpart E—Utah
5. Section 1952.114 is amended by
revising paragraph (b) to read as follows:
§1952.114
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in Utah. The plan
does not cover private sector maritime
employment; employment on Hill Air
Force Base; the enforcement of the field
sanitation standard, 29 CFR 1928.110;
and the enforcement of the temporary
labor camps standard, 29 CFR 1910.142
with respect to any agricultural
establishment where employees are
engaged in ‘‘agricultural employment’’
within the meaning of the Migrant and
Seasonal Agricultural Worker Protection
Act, 29 U.S.C. 1802(3), regardless of the
number of employees, including
employees engaged in hand packing of
produce into containers, whether done
on the ground, on a moving machine, or
in a temporary packing shed, except that
Utah retains enforcement responsibility
over agricultural temporary labor camps
for employees engaged in egg, poultry,
or red meat production, or the post-
harvest processing of agricultural or
horticultural commodities.
* 
* 
* 
* 
*
6. Section 1952.115 is amended by
revising paragraph (b) to read as follows:
§1952.115
Level of Federal enforcement.
* 
* 
* 
* 
*
(b) In accordance with section 18(e),
final approval relinquishes Federal
OSHA authority only with regard to
occupational safety and health issues
covered by the Utah plan. OSHA retains
full authority over issues which are not
subject to State enforcement under the
plan. Thus, Federal OSHA retains its
authority relative to safety and health
enforcement in private sector maritime
activities and will continue to enforce
all provisions of the Act, rules or orders,
and all Federal standards, current or
future, specifically directed to maritime
employment (29 CFR Part 1915,
shipyard employment; Part 1917,
marine terminals; Part 1918,
longshoring; Part 1919, gear
certification) as well as provisions of
general industry standards (29 CFR Part
1910) appropriate to hazards found in
these employments. Federal jurisdiction
is retained and exercised by the
Employment Standards Administration,
U.S. Department of Labor, (Secretary’s
Order 5–96, dated December 27, 1996)
with respect to the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
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Federal Register / Vol. 62, No. 12 / Friday, January 17, 1997 / Rules and Regulations
camps standard, 29 CFR 1910.142, in
agriculture, as described in
§1952.114(b). Federal jurisdiction is
also retained on the Hill Air Force Base,
and with respect to all Federal
government employers and employees.
In addition, any hazard, industry,
geographical area, operation or facility
over which the State is unable to
effectively exercise jurisdiction for
reasons not related to the required
performance or structure of the plan
shall be deemed to be an issue not
covered by the finally approved plan,
and shall be subject to Federal
enforcement. Where enforcement
jurisdiction is shared between Federal
and State authorities for a particular
area, project, or facility, in the interest
of administrative practicability, Federal
jurisdiction may be assumed over the
entire project or facility. Ineither of the
two aforementioned circumstances,
Federal enforcement may be exercised
immediately upon agreement between
Federal and State OSHA.
* 
* 
* 
* 
*
7. Section 1952.117 is amended by
adding paragraph (c) to read as follows:
§1952.117
Changes to approved plans.
* 
* 
* 
* 
*
(c) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997,
the Assistant Secretary approved Utah’s
plan amendment, dated July 31, 1996,
relinquishing coverage for the issues of
field sanitation (29 CFR 1928.110) and
temporary labor camps (29 CFR
1910.142) in agriculture (except for
agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.) The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in Utah pursuant to Secretary of Labor’s
Order 5–96, dated December 27, 1996.
Subpart J—Iowa
8. Section 1952.164 is amended by
revising paragraph (b) to read as follows:
§1952.164
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in Iowa. The plan
does not cover private sector maritime
employment; Federal government-
owned, contractor-operated military/
munitions facilities; bridge construction
projects spanning the Mississippi and
Missouri Rivers between Iowa and other
States; private sector hazardous waste
disposal facilities designated as
Superfund sites; the enforcement of the
field sanitation standard, 29 CFR
1928.110; and the enforcement of the
temporary labor camps standard, 29
CFR 1910.142, with respect to any
agricultural establishment where
employees are engaged in ‘‘agricultural
employment’’ within the meaning of the
Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of
employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that
Iowa retains enforcement responsibility
over agricultural temporary labor camps
for employees engaged in egg, poultry,
or red meat production, or the post-
harvest processing of agricultural or
horticultural commodities.
* 
* 
* 
* 
*
9. Section 1952.165 is amended by
revising paragraph (b) to read as follows:
§1952.165
Level of Federal enforcement.
* 
* 
* 
* 
*
(b) In accordance with section 18(e),
final approval relinquishes Federal
OSHA authority only with regard to
occupational safety and health issues
covered by the Iowa plan. OSHA retains
full authority over issues which are not
subject to State enforcement under the
plan. Thus, Federal OSHA retains its
authority relative to safety and health in
private sector maritime activities and
will continue to enforce all provisions
of the Act, rules or orders, and all
Federal standards, current or future,
specifically directed to maritime
employment (29 CFR Part 1915,
shipyard employment; Part 1917,
marine terminals; Part 1918,
longshoring; Part 1919, gear
certification) as well as provisions of
general industry standards (29 CFR Part
1910) appropriate to hazards found in
these employments; Federal
government-owned, contractor-operated
military/munitions facilities; bridge
construction projects spanning the
Mississippi and Missouri Rivers
between Iowa and other States; private
sector hazardous waste disposal
facilities designated as Superfund sites.
Federal jurisdiction is also retained and
exercised by the Employment Standards
Administration, U.S. Department of
Labor, (Secretary’s Order 5–96, dated
December 27, 1996) with respect to the
field sanitation standard, 29 CFR
1928.110; and the enforcement of the
temporary labor camps standard, 29
CFR 1910.142, in agriculture, as
described in §1952.164(b). In addition,
any hazard, industry, geographical area,
operation or facility over which the
State is unable to effectively exercise
jurisdiction for reasons not related to
the required performance or structure of
the plan shall be deemed to be an issue
not covered by the finally approved
plan, and shall be subject to Federal
enforcement. Where enforcement
jurisdiction is shared between Federal
and State authorities for a particular
area, project, or facility, in the interest
of administrative practicability, Federal
jurisdiction may be assumed over the
entire project or facility. In either of the
two aforementioned circumstances,
Federal enforcement may be exercised
immediately upon agreement between
Federal and State OSHA.
* 
* 
* 
* 
*
10. Section 1952.167 is amended by
adding paragraph (b) to read as follows:
§1952.167
Changes to approved plans.
* 
* 
* 
* 
*
(b) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997,
the Assistant Secretary approved Iowa’s
plan amendment, dated August 2, 1996,
relinquishing coverage for the issues of
field sanitation (29 CFR 1928.110) and
temporary labor camps (29 CFR
1910.142) in agriculture (except for
agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities). The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in Iowa pursuant to Secretary of Labor’s
Order 5–96, dated December 27, 1996.
Subpart N—Minnesota
11. Section 1952.204 is amended by
revising paragraph (b) to read as follows:
§1952.204
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in Minnesota.
The plan does not cover private sector
offshore maritime employment;
employment at the Twin Cities Army
Ammunition Plant; Federal government
employers and employees; any tribal or
private sector employment within any
Indian reservation in the State; the
enforcement of the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
camps standard, 29 CFR 1910.142, with
respect to any agricultural establishment
where employees are engaged in
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Federal Register / Vol. 62, No. 12 / Friday, January 17, 1997 / Rules and Regulations
‘‘agricultural employment’’ within the
meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number
of employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that
Minnesota retains enforcement
responsibility over agricultural
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.
* 
* 
* 
* 
*
12. Section 1952.205 is amended by
revising paragraph (b) to read as follows:
§1952.205
Level of Federal enforcement.
* 
* 
* 
* 
*
(b) In accordance with section 18(e),
final approval relinquishes Federal
OSHA authority only with regard to
occupational safety and health issues
covered by the Minnesota plan. OSHA
retains full authority over issues which
are not subject to State enforcement
under the plan. Thus, Federal OSHA
retains its authority relative to safety
and health in private sector offshore
maritime activities and will continue to
enforce offshore all provisions of the
Act, rules or orders, and all Federal
standards, current or future, specifically
directed to maritime employment (29
CFR Part 1915, shipyard employment;
Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear
certification) as well as provisions of
general industry standards (29 CFR Part
1910) appropriate to hazards found in
these employments. Federal jurisdiction
is retained and exercised by the
Employment Standards Administration,
U.S. Department of Labor, (Secretary’s
Order 5–96, dated December 27, 1996)
with respect to the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
camps standard, 29 CFR 1910.142, in
agriculture, as described in
§1952.204(b). Federal jurisdiction is
also retained over the Twin Cities Army
Ammunition Plant, over Federal
government employers and employees,
and over any tribal or private sector
employment within any Indian
reservation in the State. In addition, any
hazard, industry, geographical area,
operation or facility over which the
State is unable to effectively exercise
jurisdiction for reasons not related to
the required performance or structure of
the plan shall be deemed to be an issue
not covered by the finally approved
plan, and shall be subject to Federal
enforcement. Where enforcement
jurisdiction is shared between Federal
and State authorities for a particular
area, project, or facility, in the interest
of administrative practicability, Federal
jurisdiction may be assumed over the
entire project or facility. In either of the
two aforementioned circumstances,
Federal enforcement may be exercised
immediately upon agreement between
Federal and State OSHA.
* 
* 
* 
* 
*
13. Section 1952.207 is amended by
adding paragraph (b) to read as follows:
§1952.207
Changes to approved plans.
* 
* 
* 
* 
*
(b) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997,
the Assistant Secretary approved
Minnesota’s plan amendment, dated
July 24, 1996, relinquishing coverage for
the issues of field sanitation (29 CFR
1928.110) and temporary labor camps
(29 CFR 1910.142) in agriculture (except
for agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities). The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in Minnesota pursuant to Secretary of
Labor’s Order 5–96, dated December 27,
1996.
Subpart Q—Kentucky
14. Section 1952.234 is amended by
revising paragraph (b) to read as follows:
§1952.234
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in Kentucky. The
plan does not cover private sector
maritime employment; employment at
Tennessee Valley Authority facilities,
and on all military bases as well as any
other properties ceded to the U.S.
Government; the enforcement of the
field sanitation standard, 29 CFR
1928.110; and the enforcement of the
temporary labor camps standard, 29
CFR 1910.142, with respect to any
agricultural establishment where
employees are engaged in ‘‘agricultural
employment’’ within the meaning of the
Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of
employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that
Kentucky retains enforcement
responsibility over agricultural
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.
* 
* 
* 
* 
*
15. Section 1952.235 is amended by
revising paragraph (b) to read as follows:
§1952.235
Level of Federal enforcement.
* 
* 
* 
* 
*
(b) In accordance with section 18(e),
final approval relinquishes Federal
OSHA authority only with regard to
occupational safety and health issues
covered by the Kentucky plan. OSHA
retains full authority over issues which
are not subject to State enforcement
under the plan. Thus, Federal OSHA
retains its authority relative to safety
and health in private sector maritime
activities and will continue to enforce
all provisions of the Act, rules or orders,
and all Federal standards, current or
future, specifically directed to maritime
employment (29 CFR Part 1915,
shipyard employment; Part 1917,
marine terminals; Part 1918,
longshoring; Part 1919, gear
certification) as well as provisions of
general industry standards (29 CFR Part
1910) appropriate to hazards found in
these employments); employment at
Tennessee Valley Authority facilities
and on all military bases as well as any
other properties ceded to the U.S.
Government. Federal jurisdiction is
retained and exercised by the
Employment Standards Administration,
U.S. Department of Labor, (Secretary’s
Order 5–96, dated December 27, 1996)
with respect to the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
camps standard, 29 CFR 1910.142, in
agriculture, as described in
§ 1952.234(b). Federal jurisdiction is
also retained with respect to Federal
government employers and employees.
In addition, any hazard, industry,
geographical area, operation or facility
over which the State is unable to
effectively exercise jurisdiction for
reasons not related to the required
performance or structure of the plan
shall be deemed to be an issue not
covered by the finally approved plan,
and shall be subject to Federal
enforcement. Where enforcement
jurisdiction is shared between Federal
and State authorities for a particular
area, project, or facility, in the interest
of administrative practicability, Federal
jurisdiction may be assumed over the
entire project or facility. In either of the
two aforementioned circumstances,
Federal enforcement may be exercised
2563
Federal Register / Vol. 62, No. 12 / Friday, January 17, 1997 / Rules and Regulations
immediately upon agreement between
Federal and State OSHA.
* 
* 
* 
* 
*
16. Section 1952.237 is amended by
adding paragraph (c) to read as follows:
§1952.237
Changes to approved plans.
* 
* 
* 
* 
*
(c) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997
the Assistant Secretary approved
Kentucky’s plan amendment, dated July
29, 1996, relinquishing coverage for the
issues of field sanitation (29 CFR
1928.110) and temporary labor camps
(29 CFR 1910.142) in agriculture (except
for agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.) The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in Kentucky pursuant to Secretary of
Labor’s Order 5–96, dated December 27,
1996.
Subpart R—Alaska
17. Section 1952.243 is amended by
revising paragraph (b) to read as follows:
§1952.243
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in Alaska. The
plan does not cover private sector
maritime employment; operations of
private sector employers within the
Metlakatla Indian Community on the
Annette Islands; operations of private
sector employers within Denali (Mount
McKinley) National Park; worksites
located on the navigable waters,
including artificial islands; the
enforcement of the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
camps standard, 29 CFR 1910.142, with
respect to any agricultural establishment
where employees are engaged in
‘‘agricultural employment’’ within the
meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number
of employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that
Alaska retains enforcement
responsibility over agricultural
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.
* 
* 
* 
* 
*
18. Section 1952.244 is amended by
revising paragraph (b) to read as follows:
§1952.244
Level of Federal enforcement.
* 
* 
* 
* 
*
(b) In accordance with section 18(e),
final approval relinquishes Federal
OSHA authority only with regard to
occupational safety and health issues
covered by the Alaska plan. OSHA
retains full authority over issues which
are not subject to State enforcement
under the plan. Thus, Federal OSHA
retains its authority relative to safety
and health in private sector maritime
activities and will continue to enforce
all provisions of the Act, rules or orders,
and all Federal standards, current or
future, specifically directed to maritime
employment (29 CFR Part 1915,
shipyard employment; Part 1917,
marine terminals; Part 1918,
longshoring; Part 1919, gear
certification) as well as provisions of
general industry standards (29 CFR Part
1910) appropriate to hazards found in
these employments). Federal
jurisdiction is also retained and
exercised by the Employment Standards
Administration, U.S. Department of
Labor (Secretary’s Order 5–96,
December 27, 1996) with respect to the
field sanitation standard, 29 CFR
1928.110, and the enforcement of the
temporary labor camps standard, 29
CFR 1910.142, in agriculture, as
described in § 1952.243(b). Federal
jurisdiction will also be retained over
marine-related private sector
employment at worksites on the
navigable waters, such as floating
seafood processing plants, marine
construction, employments on artificial
islands, and diving operations in
accordance with section 4(b)(1) of the
Act. Federal jurisdiction is also retained
for private sector worksites located
within the Annette Islands Reserve of
the Metlakatla Indian Community, for
private sector worksites located within
the Denali (Mount McKinley) National
Park, and for Federal government
employers and employees.
* 
* 
* 
* 
*
19. Section 1952.246 is amended by
adding paragraph (c) to read as follows:
§ 1952.246
Changes to approved plans.
* 
* 
* 
* 
*
(c) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997,
the Assistant Secretary approved
Alaska’s plan amendment, dated
October 1, 1996, relinquishing coverage
for the issues of field sanitation (29 CFR
1928.110) and temporary labor camps
(29 CFR 1910.142) in agriculture (except
for agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.) The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in Alaska pursuant to Secretary of
Labor’s Order 5–96, dated December 27,
1996.
Subpart S—The Virgin Islands
20. Section 1952.253 is amended by
revising paragraph (b) to read as follows:
§ 1952.253
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in the Virgin
Islands. The plan does not cover
occupational health and the issues of
maritime safety and health in the
private sector; the enforcement of the
field sanitation standard, 29 CFR
1928.110; and the enforcement of the
temporary labor camps standard, 29
CFR 1910.142, with respect to any
agricultural establishment where
employees are engaged in ‘‘agricultural
employment’’ within the meaning of the
Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of
employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that the
Virgin Islands retains enforcement
responsibility over agricultural
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities. Note: The
Virgin Islands final approval status
under Section 18(c) of the Act was
suspended and Federal concurrent
enforcement authority reinstated on
November 13, 1995.
* 
* 
* 
* 
*
21. Section 1952.254 is amended by
revising paragraph (b) to read as follows:
§ 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,
2564
Federal Register / Vol. 62, No. 12 / Friday, January 17, 1997 / Rules and Regulations
which relate to occupational health in
private sector employment in the Virgin
Islands. OSHA also retains its authority
relative to safety and health in private
sector maritime activities and will
continue to enforce all provisions of the
Act, rules, or order and all Federal
standards, current or future, specifically
directed to maritime employment (e.g.,
29 CFR Part 1915, shipyard
employment; 29 CFR Part 1917, marine
terminals; 29 CFR Part 1918,
longshoring; 29 CFR Part 1919, gear
certification), as well as provisions of
general industry (29 CFR Part 1910)
standards appropriate to hazards found
in these employments. Federal
jurisdiction is also retained and
exercised by the Employment Standards
Administration, U.S. Department of
Labor, (Secretary’s Order 5–96, dated
December 27, 1996) with respect to the
field sanitation standard, 29 CFR
1928.110; and the enforcement of the
temporary labor camps standard, 29
CFR 1910.142 , in agriculture, as
described in § 1952.253(b). Federal
jurisdiction also remains in effect with
respect to Federal government
employers and employees.
* 
* 
* 
* 
*
22. Section 1952.256 is amended by
adding paragraph (b) to read as follows:
§ 1952.256
Changes to approved plans.
* 
* 
* 
* 
*
(b) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997,
the Assistant Secretary approved the
Virgin Island’s plan amendment, dated
July 31, 1996, relinquishing coverage for
the issues of field sanitation (29 CFR
1928.110) and temporary labor camps
(29 CFR 1910.142) in agriculture (except
for agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.) The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in the Virgin Islands pursuant to
Secretary of Labor’s Order 5–96, dated
December 27, 1996.
Subpart Z—Indiana
23. Section 1952.324 is amended by
revising paragraph (b) to read as follows:
§ 1952.324
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in Indiana. The
plan does not cover maritime
employment in the private sector;
private sector hazardous waste disposal
facilities designated as Superfund sites;
the enforcement of the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
camps standard, 29 CFR 1910.142, with
respect to any agricultural establishment
where employees are engaged in
‘‘agricultural employment’’ within the
meaning of the Migrant and Seasonal
Agricultural Worker Protection Act, 29
U.S.C. 1802(3), regardless of the number
of employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that
Indiana retains enforcement
responsibility over agricultural
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.
* 
* 
* 
* 
*
24. Section 1952.325 is amended by
revising paragraph (b)(1) to read as
follows:
§ 1952.325
Level of Federal enforcement.
* 
* 
* 
* 
*
(b) (1) In accordance with section
18(e), final approval relinquishes
Federal OSHA authority only with
regard to occupational safety and health
issues covered by the Indiana plan.
OSHA retains full authority over issues
which are not subject to State
enforcement under the plan. Thus,
Federal OSHA retains its authority
relative to safety and health in private
sector maritime activities and will
continue to enforce all provisions of the
Act, rules or orders, and all Federal
standards, current or future, specifically
directed to maritime employment (29
CFR Part 1915, shipyard employment;
Part 1917, marine terminals; Part 1918,
longshoring; Part 1919, gear
certification) as well as provisions of
general industry standards (29 CFR Part
1910) appropriate to hazards found in
these employments. Federal jurisdiction
is retained and exercised by the
Employment Standards Administration,
U.S. Department of Labor, (Secretary’s
Order 5–96, dated December 27, 1996)
with respect to the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
camps standard, 29 CFR 1910.142, in
agriculture, as described in
§ 1952.324(b). Federal jurisdiction is
also retained at private-sector
hazardous-waste disposal facilities
designated as Superfund sites, and with
respect to Federal government
employers and employees.
* 
* 
* 
* 
*
25. Section 1952.327 is amended by
adding paragraph (b) to read as follows:
§ 1952.327
Changes to approved plans.
* 
* 
* 
* 
*
(b) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997,
the Assistant Secretary approved
Indiana’s plan amendment, dated July 9,
1996, relinquishing coverage for the
issues of field sanitation (29 CFR
1928.110) and temporary labor camps
(29 CFR 1910.142) in agriculture (except
for agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.) The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in Indiana pursuant to Secretary of
Labor’s Order 5–96, dated December 27,
1996.
* 
* 
* 
* 
*
Subpart BB—Wyoming
26. Section 1952.344 is amended by
revising paragraph (b) to read as follows:
§ 1952.344
Final approval determination.
* 
* 
* 
* 
*
(b) Except as otherwise noted, the
plan which has received final approval
covers all activities of employers and all
places of employment in Wyoming. The
plan does not cover private sector
maritime employment; employment on
the Warren Air Force Base employment;
employment at private sector hazardous
waste disposal facilities designated as
Superfund sites; the enforcement of the
field sanitation standard, 29 CFR
1928.110; and the enforcement of the
temporary labor camps standard, 29
CFR 1910.142, with respect to any
agricultural establishment where
employees are engaged in ‘‘agricultural
employment’’ within the meaning of the
Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C.
1802(3), regardless of the number of
employees, including employees
engaged in hand packing of produce
into containers, whether done on the
ground, on a moving machine, or in a
temporary packing shed, except that
Wyoming retains enforcement
responsibility over agricultural
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
2565
Federal Register / Vol. 62, No. 12 / Friday, January 17, 1997 / Rules and Regulations
processing of agricultural or
horticultural commodities.
* 
* 
* 
* 
*
27. Section 1952.345 is amended by
revising paragraph (b) to read as follows:
§ 1952.345
Level of Federal enforcement.
* 
* 
* 
* 
*
(b) In accordance with section 18(e),
final approval relinquishes Federal
OSHA authority only with regard to
occupational safety and health issues
covered by the Wyoming plan. OSHA
retains full authority over issues which
are not subject to State enforcement
under the plan. Thus, Federal OSHA
retains its authority relative to safety
and health in private sector maritime
activities and will continue to enforce
all provisions of the Act, Federal
standards, rules, or orders, and all
Federal standards, current or future,
specifically directed to maritime
employment (29 CFR Part 1915,
shipyard employment; Part 1917,
marine terminals; Part 1918,
longshoring; Part 1919, gear
certification) as well as provisions of
general industry standards (29 CFR Part
1910) appropriate to hazards found in
these employments. Federal jurisdiction
is retained and exercised by the
Employment Standards Administration,
U.S. Department of Labor, (Secretary’s
Order 5–96, dated December 27, 1996)
with respect to the field sanitation
standard, 29 CFR 1928.110; and the
enforcement of the temporary labor
camps standard, 29 CFR 1910.142, in
agriculture, as described in
§ 1952.344(b). Federal jurisdiction is
also retained for employment at Warren
Air Force Base and at private-sector
hazardous-waste disposal facilities
designated as Superfund sites as well as
with respect to Federal government
employers and employees. In addition,
any hazard, industry, geographical area,
operation or facility over which the
State is unable to effectively exercise
jurisdiction for reasons not related to
the required performance or structure of
the plan shall be deemed to be an issue
not covered by the finally approved
plan, and shall be subject to Federal
enforcement. Where enforcement
jurisdiction is shared between Federal
and State authorities for a particular
area, project, or facility, in the interest
of administrative practicability, Federal
jurisdiction may be assumed over the
entire project or facility. In either of the
two aforementioned circumstances,
Federal enforcement may be exercised
immediately upon agreement between
Federal and State OSHA.
* 
* 
* 
* 
*
28. Section 1952.347 is amended by
adding paragraph (d) to read as follows:
§ 1952.347
Changes to approved plans.
* 
* 
* 
* 
*
(d) Temporary Labor Camps/Field
Sanitation. Effective February 3, 1997,
the Assistant Secretary approved
Wyoming’s plan amendment, dated July
19, 1996, relinquishing coverage for the
issues of field sanitation (29 CFR
1928.110) and temporary labor camps
(29 CFR 1910.142) in agriculture (except
for agricultural temporary labor camps
associated with egg, poultry or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.) The
Employment Standards Administration,
U.S. Department of Labor, has assumed
responsibility for enforcement of these
Federal OSHA standards in agriculture
in Wyoming pursuant to Secretary of
Labor’s Order 5–96, dated December 27,
1996.
[FR Doc. 97–1028 Filed 1–16–97; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 57
[DoD Instruction 1342.12]
Provision of Early Intervention and
Special Education Services to Eligible
DOD Dependents in Overseas Areas
AGENCY: Department of Defense.
ACTION: Final rule.
SUMMARY: Prior to 1991, the Department
of Defense Dependents Schools (DoDDS)
was required by the ‘‘Defense
Dependent’s Education Act of 1978,’’ as
amended, to adhere to the provisions of
the ‘‘Education of All Handicapped
Children Act.’’ With the enactment of
‘‘Individuals with Disabilities Education
Act Amendments of 1991,’’ the
Department of Defense was required to
modify its existing special education
program for children with disabilities,
ages 3 through 21, and to provide early
intervention services to children birth
through 2 years. This final rule assigns
responsibility for the implementation of
the Act to the Under Secretary of
Defense for Personnel and Readiness,
reflecting a reorganization of the
Department of Defense; assigns
responsibilities for duties previously
assigned to Regional Directors to Area
Superintendents, reflecting a
reorganization of the DoDDS; requires
DoD to provide early intervention
services to children with disabilities
from birth through 2 years of age,
requires DoDDS to extend special
education services to students from 3
through 21 years of age rather than from
5 through 21; expands the categories of
disability to include both autism and
traumatic brain injury; expands special
education services to include both
assistive technology and transition;
expands the role of the DoD
Coordinating Committee to include
early intervention as well as special
education and related services;
establishes a DoD Inter-Component
Coordinating Council on Early
Intervention; expands the definition
section to include terminology not
contained in the previous part; and
transfers the administrative
responsibility for conducting hearings
pursuant to this rule to the Defense
Office of Hearings and Appeals.
EFFECTIVE DATE: March 12, 1996.
FOR FURTHER INFORMATION CONTACT: Dr.
Rebecca Posante, DOD, Office of Family
Policy, 4015 Wilson Blvd, BCT #3,
Arlington, VA 22203–5190, 703–696–
5734.
SUPPLEMENTARY INFORMATION: On May
31, 1995 (60 FR 28362), the Department
of Defense published a proposed rule.
Written comments were invited and due
by July 31, 1995. In response to this
invitation, six individuals and
organizations submitted comments. In
addition, pursuant to a notice appearing
in the Federal Register on July 13, 1995
(60 FR 36081), DoD conducted a public
hearing concerning the proposed rule on
August 4, 1995. All written comments
and the transcript of the public hearing
are available for public inspection in the
DoD Office of Family Policy at the above
address.
The Office of the Secretary of Defense
has carefully considered the views of
the public as reflected in the written
comments and testimony at the public
hearing. A description of these views
and a discussion of the Department’s
response to them follow.
General. One commenter noted that
the proposed rule did not contain a
reference to 29 U.S.C. 794, Section 504
of the Rehabilitation Act of 1973, as
amended. This section does not apply to
persons outside of the United States.
Therefore, the final rule will not include
a reference to it.
The same commenter noted that
reference should be made to the
Architectural Barriers Act of 1968. This
act is implemented in other regulatory
guidance, and therefore does not require
reference in this final rule.
One commenter recommended that
consideration be given to consolidating
the DoD Instructions that pertain to the