[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5011]


[[Page Unknown]]

[Federal Register: March 4, 1994]


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DEPARTMENT OF LABOR
 

New Mexico State Standards; 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 (hereinafter called the Act), by which the Regional 
Administrator for Occupational Safety and Health (hereinafter called 
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 December 10, 1975, notice was published in the 
Federal Register (40 FR 57455) of the approval of the New Mexico State 
Plan and the adoption of subpart DD to part 1952 containing the 
decision.
    The New Mexico State Plan provides for the adoption of Federal 
standards as State standards after:
    1. Notice of public hearing published in a newspaper of general 
circulation in the State at least sixty (60) days prior to the date of 
such hearing.
    2. Public hearing conducted by the Environmental Improvement Board.
    3. Filing of adopted regulations, amendments, or revocations under 
the State Rules Act.
    The New Mexico State Plan provides for the adoption of State 
standards which are at least as effective as comparable Federal 
standards promulgated under section 6 of the Act.
    By letter dated January 20, 1994, from Sam A. Rogers, Bureau Chief, 
to Gilbert J. Saulter, Regional Administrator, and incorporated as part 
of the plan, the State submitted State standards identical to Federal 
standards as follows: Amendment to Sec. 1910.146, Permit-Required 
Confined Spaces (58 FR 34845-34851, dated June 29, 1993); Amendment to 
1910 General Industry Standards (58 FR 35308-35310, dated June 30, 
1993); Amendment to 1926 Construction Standards (58 FR 35077-35306 and 
35310-35311, dated June 30, 1993); Amendment to 1926 Construction 
Standards (58 FR 40468, dated July 28, 1993); and Amendment to 1928 
Agricultural Standards to add and reserve new subparts J and L, and add 
a new subpart M, Occupational Health, consisting of Sec. 1928.1027, 
Cadmium (58 FR 21787-21850, dated April 23, 1993).
    These standards, contained in New Mexico Occupational Health and 
Safety Regulations OHSR 200, OHSR 300 and OHSR 400, were promulgated on 
December 10, 1993, in accordance with applicable State law.
    The subject standards become effective February 18, 1994, and 
February 19, 1994, pursuant to New Mexico State Law, section 50-9-1 
through 50-9-25.

2. Decision

    Having reviewed the State submission in comparison with the Federal 
standards, it has been determined that the State standards are 
identical to the Federal standards, and are accordingly approved.

3. Location of Supplement for Inspection and Copying

    A copy of the standards supplement, along with the approved plan, 
may be inspected and copied during normal business hours at the 
following locations: Office of the Regional Administrator, U.S. 
Department of Labor-OSHA, 525 Griffin Street, room 602, Dallas, Texas 
75202; Office of the Secretary, New Mexico Environment Department, 1190 
St. Francis Drive, Santa Fe, New Mexico 87501; and the Office of State 
Programs, 200 Constitution Ave., NW., room N3700, Washington, DC 20210.

4. 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. The Assistant 
Secretary finds that good cause exists for not publishing the 
supplements to the New Mexico State Plan as proposed changes and making 
the Regional Administrator's approval effective upon publication for 
the following reason.
    1. These standards are identical to the Federal standards which 
were promulgated in accordance with Federal law including meeting 
requirements for public participation. The decision is effective March 
4, 1994.

    Authority: Sec. 18, Public Law 91-596, 84 Stat. 1608 (29 U.S.C. 
667).

    Signed at Dallas, Texas, this 9th day of February 1994.
Gilbert J. Saulter,
Regional Administrator.
[FR Doc. 94-5011 Filed 3-3-94; 8:45 am]
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