[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Notices]
[Pages 39970-39971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19202]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Iowa State Standards; Notice of Approval
1. 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 Administrators for Occupational Safety and Health
(hereinafter called the Regional Administrator) under a 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 July 20, 1973, notice was published in the Federal
Register (38 FR 19368) of the approval of the Iowa Plan and the
adoption of subpart J of part 1952 containing the decision. Iowa was
granted final approval under Section 18(e) of the Act on July 2, 1985.
The Iowa Plan provides for the adoption of Federal standards by
reference after comments and public hearing). By a letter dated June
13, 1994, from Walter H. Johnson, Deputy Labor Commissioner, to Alonzo
L. Griffin, Area Director, and incorporated as part of the Plan, the
State submitted State standards comparable to: Electric Power
Generation Transmission and Distribution; Electrical Protective
Equipment; as published in the Federal Register (59 FR 4435, dated
January 31, 1994). This standard, which is contained in Chapter 88 of
the Code of Iowa (1983), was promulgated after public comments
requested March 16, 1994; hearing scheduled for April 7, 1994; (no
comments were received). The standard was effective May 11, 1994; and
notice of its adoption was published by the State on May 11, 1994.
In the June 13, 1994 letter, the State also submitted State
standards comparable to: Hazard Communication; as published in the
Federal Register (59 FR 6169, dated February 9, 1994). This standard,
which is contained in Chapter 88 of the Code of Iowa (1983), was
promulgated after public comments requested March 16, 1994; hearing
scheduled for April 7, 1994; (no comments were received). The standard
was effective May 11, 1994; and notice of its adoption was published by
the State on May 11, 1994.
In the June 13, 1994 letter, the State also submitted State
standards comparable to: Occupational Safety and Health Standards for
Cadmium for Shipyards Employment and Construction, Redesignation; as
published in the Federal Register (59 FR 215, dated January 3, 1994).
This standard, which is contained in Chapter 88 of the Code of Iowa
(1983), was promulgated after public comments requested March 16, 1994;
hearing scheduled for April 7, 1994; (no comments were received). The
standard was effective May 11, 1994; and notice of its adoption was
published by the State on May 11, 1994.
In the June 13, 1994 letter, the State also submitted State
standards comparable to: Hazard Communication; as published in the
Federal Register (59 FR 6170, dated February 9, 1994). This standard,
which is contained in Chapter 88 of the Code of Iowa (1983), was
promulgated after public comments requested March 16, 1994; hearing
scheduled for April 7, 1994; (no comments were received). The standard
was effective May 11, 1994; and notice of its adoption was published by
the State on May 11, 1994.
By letter dated July 29, 1994, from Walter H. Johnson, Deputy Labor
Commissioner, to Alonzo L. Griffin, Area Director, and incorporated as
part of the Plan, the State submitted State standards comparable to:
Personal Protective Equipment for General Industry; as published in the
Federal Register (59 FR 16360, dated April 6, 1994). This standard,
which is contained in Chapter 88 of the Code of Iowa (1983), was
promulgated after public comments requested May 11, 1994; hearing
scheduled for June 2, 1994; (no comments were received). The standard
was effective July 6, 1994; and notice of its adoption was published by
the State on July 6, 1994.
By letter dated October 19, 1994, from Walter H. Johnson, Deputy
Labor Commissioner, to Alonzo L. Griffin, Area Director, and
incorporated as part of the Plan, the State submitted State standards
comparable to: Permit-Required Confined Spaces, technical amendment; as
published in the Federal Register (59 FR 26115, dated May 19, 1994).
This standard, which is contained in Chapter 88 of the Code of Iowa
(1983), was promulgated after public comments requested July 20, 1994;
hearing scheduled for August 11, 1994; (no comments were received). The
standard was effective September 14, 1994; and notice of its adoption
was published by the State on September 14, 1994.
In the October 19, 1994 letter, the State also submitted State
standards comparable to: Electric Power Generation, Transmission, and
distribution; electrical protective equipment, correction; as published
in the Federal Register (59 FR 33661, dated June 30, 1994). This
standard, which is contained in Chapter 88 of the Code of Iowa (1983),
was promulgated after public comments requested August 3, 1994; hearing
scheduled for August 25, 1994; (no comments were received). The
standard was effective September 28, 1994; and notice of its adoption
was published by the State on September 28, 1994.
In the October 19, 1994 letter, the State also submitted State
standards comparable to: Personal Protective Equipment for General
Industry, correction; as published in the Federal Register (59 FR
33910, dated July 1, 1994). This standard, which is contained in
Chapter 88 of the Code of Iowa (1983), was promulgated after public
comments requested August 3, 1994; hearing scheduled for August 25,
1994; (no comments were received). The standard was effective September
28, 1994; and notice of its adoption was published by the State on
September 28, 1994.
In the October 19, 1994 letter, the State also submitted State
standards comparable to: Retention of DOT Markings, Placards, and
Labels; as published in the Federal Register (59 FR 36699, dated July
19, 1994). This standard, which is contained in Chapter 88 of the Code
of Iowa (1983), was promulgated after public comments requested July
20, 1994; hearing scheduled for August 11, 1994; (no comments were
received). The standard was effective September 14, 1994; and notice of
its adoption was published by the State on September 14, 1994.
By letter dated February 21, 1995, from Walter H. Johnson, Deputy
Labor Commissioner, to Alonzo L. Griffin, Area Director, and
incorporated as part of the Plan, the State submitted State standards
comparable to: Safety Standards for Fall Protection in the Construction
industry; as published in the Federal Register (59 FR 40729, dated
August 9, 1994). This standard, which is contained in Chapter 88 of the
Code of Iowa (1983), was promulgated after public comments requested
September 14, 1994; hearing scheduled for October 6, 1994; (no comments
were
[[Page 39971]]
received). The standard was effective November 9, 1994; and notice of
its adoption was published by the State on November 9, 1994.
In the February 21, 1995 letter, the State also submitted State
standards comparable to: Occupational Exposure to Asbestos; as
published in the Federal Register (59 FR 41057, dated August 10, 1994).
This standard, which is contained in Chapter 88 of the Code of Iowa
(1983), was promulgated after public comments requested September 14,
1994; hearing scheduled for October 6, 1994; (no comments were
received). The standard was effective November 9, 1994; and notice of
its adoption was published by the State on November 9, 1994.
In the February 21, 1995 letter, the State also submitted State
standards comparable to: Hazardous Waste Operations and Emergency
Response; as published in the Federal Register (59 FR 43270, dated
August 12, 1994). This standard, which is contained in Chapter 88 of
the Code of Iowa (1983), was promulgated after public comments
requested September 28, 1994; hearing scheduled for October 20, 1994;
(no comments were received). The standard was effective November 23,
1994; and notice of its adoption was published by the State on November
23, 1994.
In the February 21, 1995 letter, the State also submitted State
standards comparable to: Logging Operations; as published in the
Federal Register (59 FR 51741, dated October 12, 1994). This standard,
which is contained in Chapter 88 of the Code of Iowa (1983), was
promulgated after public comments requested November 9, 1994; hearing
scheduled for December 1, 1994; (no comments were received). The
standard was effective February 1, 1995; and notice of its adoption was
published by the State on February 1, 1995.
In the February 21, 1995 letter, the State also submitted State
standards comparable to: Safety Standards for Fall Protection in the
Construction Industry; as published in the Federal Register (59 FR
40729, dated August 9, 1994). This standard, which is contained in
Chapter 88 of the Code of Iowa (1983), was promulgated after public
comments requested September 14, 1994; hearing scheduled for October 6,
1994; (no comments were received). The standard was effective November
9, 1994; and notice of its adoption was published by the State on
November 9, 1994.
In the February 21, 1995 letter, the State also submitted State
standards comparable to: Occupational Exposure to Asbestos; as
published in the Federal Register (59 FR 41131, dated August 10, 1994).
This standard, which is contained in Chapter 88 of the Code of Iowa
(1983), was promulgated after public comments requested September 14,
1994; hearing scheduled for October 6, 1994; (no comments were
received). The standard was effective November 9, 1994; and notice of
its adoption was published by the State on November 9, 1994.
In the February 21, 1995 letter, the State also submitted State
standards comparable to: Hazardous Waste Operations and Emergency
Response; as published in the Federal Register (59 FR 43275, dated
August 22, 1994). This standard, which is contained in Chapter 88 of
the Code of Iowa (1983), was promulgated after public comments
requested September 28, 1994; hearing scheduled for October 20, 1994;
(no comments were received). The standard was effective November 23,
1994; and notice of its adoption was published by the State on November
23, 1994.
In the February 21, 1995 letter, the State also submitted State
standards comparable to: Logging Operations; as published in the
Federal Register (59 FR 51748, dated October 12, 1994). This standard,
which is contained in Chapter 88 of the Code of Iowa (1983), was
promulgated after public comments requested November 9, 1994; hearing
scheduled for December 1, 1994; (no comments were received). The
standard was effective February 1, 1995; and notice of its adoption was
published by the State on February 1, 1995.
By letter dated November 8, 1994, from Walter H. Johnson, Deputy
Labor Commissioner, to Alonzo L. Griffin, Area Director, and
incorporated as part of the Plan, the State submitted State standards
comparable to: Reporting of fatality or multiple hospitalization
incidents; as published in the Federal Register (59 FR 15594, dated
April 1, 1994). This standard, which is contained in Chapter 88 of the
Code of Iowa (1993), was promulgated after public comments requested
July 26, 1994; hearing scheduled for July 28, 1994; (no comments were
received). The standard was effective October 26, 1994; and notice of
its adoption was published by the State on October 26, 1994.
2. Decision. All of the above State submissions have been compared
to federal standards and it has been determined that they are identical
to the comparable federal standard and should therefore be approved.
Having reviewed the State submission, in comparison with the Federal
standards, it has been determined that the State standards, with the
exception of 1904.8, are identical to the comparable Federal standards
and should therefore be approved.
OSHA has determined that the State standard for 347-4.8(88) is at
least as effective as the comparable Federal standard, as required by
section 18(c)(2) of the Act. OSHA has also determined that the
differences between the State and Federal standards are minimal and
that the standards are thus substantially identical. OSHA therefore
approves this standard; however, the right to reconsider this approval
is reserved should substantial objections be submitted to the Assistant
Secretary.
3. Location of Supplement for Inspection and Copying. A copy of the
standard supplement, along with the approved plan, may be inspected and
copied during normal business hours at the following locations:
Directorate of Federal/State Operations, Office of State Programs, Room
N3700, 200 Constitution Avenue, NW, Washington, DC 20210; Office of the
Regional Administrator, Occupational Safety and Health Administration,
406 Federal Office Building, 911 Walnut Street, Kansas City, Missouri
64106; and Division of Labor Services, 1000 East Grand Avenue, Des
Moines, Iowa 50319.
4. Public Participation. Under 29 CFR 1953.2(c) of this Chapter,
the Assistant Secretary may prescribe alternative procedures to
expedite the review process or for other good cause which may be
consistent with applicable laws. The Assistant Secretary finds that
good cause exists for not publishing the supplement to the Iowa State
Plan as a proposed change and for making the Regional Administrator's
approval effective upon publication for the following reasons:
1. The standards are identical to the comparable Federal standards,
with the exception of 1904.8, and are therefore deemed to be at least
as effective.
2. The standards were adopted in accordance with the procedural
requirements of State law and further public participation and notice
would be unnecessary.
This decision is effective August 4, 1995.
(Section 18, Public Law 91-596, 84 Stat. 1608 [29 U.S.C. 667])
Signed at Kansas City, Missouri, this 11th day of July, 1995.
Marcia Drumm,
Acting Regional Administrator.
[FR Doc. 95-19202 Filed 8-3-95; 8:45 am]
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