[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23348]


[[Page Unknown]]

[Federal Register: September 21, 1994]


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DEPARTMENT OF LABOR
 

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 August 
13, 1993, 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: Storage and Handling of 
Liquefied Petroleum Gases CFR Correction 1910.110; as published in the 
Federal Register (58 FR 15089, dated March 19, 1993). This standard, 
which is contained in Chapter 88 of the Code of Iowa (1983), was 
promulgated after public comments requested April 28, 1993; hearing 
scheduled for May 20, 1993; (no comments were received); and resolution 
adopted by the Division of Labor Services on June 23, 1993, pursuant to 
Chapter 17a, of the Iowa Code. The standard was effective June 23, 
1993; and notice of its adoption was published by the State on June 23, 
1993.
    In the August 13, 1993 letter, the State also submitted State 
standards comparable to: Explosives and Blasting Agents CFR Correction; 
as published in the Federal Register (58 FR 16496, dated March 29, 
1993). This standard, which is contained in Chapter 88 of the Code of 
Iowa (1983), was promulgated after public comments requested April 28, 
1993; hearing scheduled for May 20, 1993; (no comments were received); 
and resolution adopted by the Division of Labor Services on June 23, 
1993, pursuant to Chapter 17a, of the Iowa Code. The standard was 
effective June 23, 1993; and notice of its adoption was published by 
the State on June 23, 1993.
    By letter dated September 30, 1993, 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: Occupational Exposure to Cadmium, Correction; Final 
Rule; as published in the Federal Register (58 FR 21778, date April 23, 
1993). This standard, which is contained in Chapter 88 of the Code of 
Iowa (1983), was promulgated after public comments requested May 26, 
1993; hearing scheduled for June 17, 1993; (no comments were received); 
and resolution adopted by the Division of Labor Services on August 18, 
1993, pursuant to Chapter 17a, of the Iowa Code. The standard was 
effective August 18, 1993; and notice of its adoption was published by 
the State on August 18, 1993.
    In the September 30, 1993 letter, the State also submitted State 
standards comparable to: Lead Exposure in Construction Interim Final 
Rule; as published in the Federal Register (58 FR 22627, dated May 4, 
1993). This standard, which is contained in Chapter 88 of the Code of 
Iowa (1983), was promulgated after public comments requested May 26, 
1993; hearing scheduled for June 17, 1993; (no comments were received); 
and resolution adopted by the Division of Labor Services on August 18, 
1993, pursuant to Chapter 17a, of the Iowa Code. The standard was 
effective August 18, 1993; and notice of its adoption was published by 
the State on August 18, 1993.
    By a letter dated January 4, 1994, from Walter H. Johnson, Deputy 
Labor Commissioner, to Alonzo L. Griffin, Area Director, and 
incorporated as part of the Plan, the State submitted standards 
comparable to: Permit-Required Confined Spaces 29 CFR part 1910, 
Corrections to Final Rule; as published in the Federal Register (58 FR 
34845, dated June 29, 1993). This standard, which is contained in 
Chapter 88 of the Code of Iowa (1983), was promulgated after public 
comments requested August 18, 1993; hearing scheduled for September 9, 
1993; (no comments were received); and resolution adopted by the 
Division of Labor Services on October 13, 1993, pursuant to Chapter 
17a, of the Iowa Code. The standard was effective October 13, 1993; and 
notice of its adoption was published by the State on October 13, 1993.
    In the January 4, 1994 letter, the State also submitted State 
standards comparable to: Safety Standards for General Industry and 
Construction; Final Rule; Technical Amendments; as published in the 
Federal Register (58 FR 35308, dated June 30, 1993). This standard, 
which is contained in Chapter 88 of the Code of Iowa (1983), was 
promulgated after public comments requested August 18, 1993; hearing 
scheduled for September 9, 1993; (no comments were received); and 
resolution adopted by the Division of Labor Services on October 13, 
1993, pursuant to Chapter 17a, of the Iowa Code. The standard was 
effective October 13, 1993; and notice of its adoption was published by 
the State on October 13, 1993.
    In the January 4, 1994 letter, the State also submitted State 
standards comparable to: Incorporated of General Industry Safety and 
Health Standards Applicable to Construction Work and Technical 
Amendments; Final Rule; as published in the Federal Register (58 FR 
35077, dated June 30, 1993). This standard, which is contained in 
Chapter 88 of the Code of Iowa (1983), was promulgated after public 
comments requested August 18, 1993; hearing scheduled for September 9, 
1993; (no comments were received); and resolution adopted by the 
Division of Labor Services on October 13, 1993, pursuant to Chapter 
17a, of the Iowa Code. The standard was effective October 13, 1993; and 
notice of its adoption was published by the State on October 13, 1993.
    In the January 4, 1994 letter, the State also submitted State 
standards comparable to: Air Contaminants; Final Rule; as published in 
the Federal Register (58 FR 35340, dated June 30, 1993). This standard, 
which is contained in Chapter 88 of the Code of Iowa (1983), was 
promulgated after public comments requested August 18, 1993; hearing 
scheduled for September 9, 1993; (no comments were received); and 
resolution adopted by the Division of Labor Services on October 13, 
1993, pursuant to Chapter 17a, of the Iowa Code. The standard was 
effective October 13, 1993; and notice of its adoption was published by 
the State on October 13, 1993.
    In the January 4, 1994 letter, the State also submitted State 
standards comparable to: Incorporation of General Industry Safety and 
Health Standards Applicable to Construction Work; 29 CFR 1926, 
Correction; as published in the Federal Register (58 FR 40468, dated 
July 28, 1993). This standard, which is contained in Chapter 88 of the 
Code of Iowa (1983), was promulgated after public comments requested 
September 1, 1993; hearing scheduled for September 23, 1993; (no 
comments were received); and resolution adopted by the Division of 
Labor Services on October 27, 1993, pursuant to Chapter 17a, of the 
Iowa Code. The standard was effective October 27, 1993; and notice of 
its adoption was published by the State on October 27, 1993.
    In the January 4, 1994 letter, the State also submitted State 
standards comparable to: Air Contaminants; 29 CFR 1910, Correction; as 
published in the Federal Register (58 FR 40191, dated July 27, 1993). 
This standard, which is contained in Chapter 88 of the Code of Iowa 
(1983), was promulgated after public comments requested September 1, 
1993; hearing scheduled for September 23, 1993; (no comments were 
received); and resolution adopted by the Division of Labor Services on 
October 27, 1993, pursuant to Chapter 17a, of the Iowa Code. The 
standard was effective October 27, 1993; and notice of its adoption was 
published by the State on October 27, 1993.

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 comparable Federal standards and should therefore be 
approved.

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 
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 September 21, 1994.

(Section 18, Public Law 91-596, 84 Stat. 1608 [29 U.S.C. 667]).

    Signed at Kansas City, Missouri, this 20 day of June, 1994.
John T. Phillips,
Regional Administrator.
[FR Doc. 94-23348 Filed 9-20-94; 8:45 am]
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