[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3883-3884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1329]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Utah State Standards; Notice of Approval
Background
Part 1953 of Title 29, Code of Federal Regulations, prescribes
procedures under Section 18 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 667), (hereinafter called the Act) by which the
Regional Administrator for Occupational Safety and Health (hereinafter
called the Regional Administrator) under delegation of authority from
the Assistant Secretary of Labor for Occupational Safety and Health
(hereinafter called the Assistant Secretary), (29 CFR 1953.4) will
review and approve standards promulgated pursuant to a State Plan which
has been approved in accordance with Section 18(c) of the Act and 29
CFR Part 1902. On January 10, 1973, notice was published in the Federal
Register (38 FR 1178) of the approval of the Utah State Plan and the
adoption of Subpart E to Part 1952 containing the decision. Utah was
granted final approval on Section 18(e) of the Act on July 16, 1985. By
law (Section 63-46a-16 Utah Code), the Utah Administrative Rulemaking
Procedure is the authorized compilation of the administrative law of
Utah and ``shall be received in all the courts, and by all judges,
public officers, commissioners, and departments of the State government
as evidence of the administrative law of the State of Utah * * *'' The
Utah Occupational Safety and Health Division revised its Administrative
Rulemaking Act) Chapter 46a, title 63, Utah annotated, 1953) which
became effective on April 29, 1985, a State Plan Supplement was
submitted to the Occupational Safety and Health Administration (OSHA)
for approval and publication in the Federal Register of Utah's revised
Administrative Rulemaking Act. The Plan supplement was published in the
Federal Register (53 FR 43688) on October 28, 1988. The supplement
[[Page 3884]]
provides for adoption of Federal standards by reference through the
publication of standards in the Utah State Digest. Utah now adopts
Federal OSHA standards by reference using the OSHA numbering system.
Following the publication date, the agency shall allow at least 30
days for public comment on the rule. During the public comment period
the agency may hold a hearing on the rule. Except as provided in
statutes 63-46a-6 and 63-46a-7, a proposed rule becomes effective on
any date specified by the agency which is no fewer than 30 nor more
than 90 days after the publication date. The agency shall provide
written notification of the rule's effective date to the office. Notice
of the effective date shall be published in the next issue of the
bulletin.
OSHA regulations (29 CFR 1953.22 and .23) require that States
respond to the adoption of new or revised permanent Federal Standards
by State promulgation of comparable standards within six months of OSHA
publication in the Federal Register, and within 30 days for emergency
temporary standards. Although adopted State Standards or revisions to
Standards must be submitted for OSHA review and approval under
procedures set forth in part 1953, they are enforceable by the State
prior to Federal review and approval.
The State submitted statements along with copies of the Utah State
Digest, to verify the adoption of standards by reference from the Code
of Federal Regulations. The adoption by reference standards actions
occurred as follows:
1. The Utah Occupational Safety and Health Administration on May
14, 1994, published for adoption by reference the revised as of July 1,
1993 edition of 29 CFR part 1910 (General Industry) and 29 CFR part
1926 (Construction). The effective date of the action was May 15, 1994.
2. The Utah Occupational Safety and Health Division adopted by
reference on January 31, 1994, the new Federal Standard Electrical
Power Generation, Transmission and Distribution; Electrical Protective
Equipment; Final Rule as published in 59 FR 4320. The effective date of
the State Rule is June 14, 1994.
Decision
The Statement of incorporation of the aforementioned Federal
Standards by reference has been printed in the Utah Administrative 1990
code. The code contains the statement of the incorporation of Federal
Standards by reference as compiled by the Occupational Safety and
Health Division of the Industrial Commission of Utah. Copies of the
Utah Administrative Code have been reviewed and verified at the
Regional Office. OSHA has determined that the Federal Standards
incorporated by reference form 29 CFR part 1910 and 29 CFR part 1926
are identical to Federal Standards and therefore approves the Utah
Standards.
Location of Supplement for Inspection and Copying
A copy of the standards along with the approved plan may be
inspected and copied during normal business hours at the following
locations: Office of the Regional Administrator, 1999 Broadway, Suite
1690 Denver, Colorado 80202-5716; Utah State Industrial Commission,
UOSH offices at 160 East 300 South, Salt Lake City, Utah 84151; and the
Director of Federal-State Operations, room N3700, 200 Constitution
Avenue, NW., Washington, DC 20210.
Public Participation
Under 29 CFR 1953.2(C), the Assistant Secretary may prescribe
alternative procedures, or show any other good cause consistent with
applicable laws, to expedite the review process. The Assistant
Secretary finds that good cause exists for not publishing the
supplements to the Utah State Plan as a proposed change and makes the
Regional Administrator's approval effective upon publication for the
following reason(s): The Standards were adopted in accordance with the
procedural requirements of State law which include public comment, and
further participation would be repetitious. This decision is effective
September 22, 1994.
Authority: SEC. 18, Public Law 91-596, 84 Stat. 1608 (29 U.S.C.
667) Signed at Denver, Colorado this 22nd day of September, 1994.
Harry C. Borchelt,
Assistant Regional Administrator, VIII.
[FR Doc. 95-1329 Filed 1-18-95; 8:45 am]
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