[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9251]
[[Page Unknown]]
[Federal Register: April 18, 1994]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Utah State Standards; 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 1202.
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 the 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. On May 6, 1985, a State Plan
Supplement was submitted to the Occupational Safety and Health
Administration (OSHA) for approval and publication in the Federal
Register. The plan supplement was published in the Federal Register (53
FR 43688) on October 28, 1988. The supplement 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 1953.23) require that States
respond to the adoption of new or revised permenent 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 by
reference of a standard for the Code of Federal Regulations. The
adoption by reference standards actions occurred as follows: The
Industrial Commission of Utah, Occupational Safety and Health Division,
adopted by reference on December 1, 1993, the Federal Standard, Lead
Exposure in Construction; Interim Final Rule of 29 CFR part 1910 as
published in 58 FR 26590. The effective data of the State Rule was
January 3, 1994.
Decision: The statement of incorporation of the aforementioned
Federal Standard by reference has been printed in the Utah
Administrative 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 from 29 CFR part 1910 are identical
to Federal Standards with no differences 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 location: Office of the
Regional Administrator, room 1576 Federal Office Building, 1961 Stout
Street, Denver, Colorado 80294; Utah State Industrial Commission, UOSH
Offices at 160 East 300 South, Salt Lake City, Utah 84151; and the
Director, Federal-State Operations, room N3700, 200 Constitution Ave,
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 public participation would be repetitious. This decision is
effective February 23, 1994.
(Sec. 18, Pub. L. 91-596, 84 Stat. 1608 [29 U.S.C. 667]).
Signed at Denver, Colorado this 23rd day of February 1994.
Gregory J. Baxter,
Deputy Regional Administrator, VIII.
[FR Doc. 94-9251 Filed 4-15-94; 8:45 am]
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