[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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