[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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