[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3884-3885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1330]



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DEPARTMENT OF LABOR

Wyoming State Standards; Notice of 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 (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 1902. On May 3, 1974, notice was published in the Federal 
Register (39 FR 15394) of the approval of the Wyoming Plan and adoption 
of Subpart BB to Part 1952 containing the decision.
    The Plan provides for the adoption of Federal Standards as State 
Standards By: (1) Advisory Committee coordination; (2) Publication in 
newspapers of general/major circulation with a 45-day waiting period 
for public comment and hearings; (3) Adoption by the Wyoming Health and 
Safety Commission; (4) Review and approval by the Governor; (5) Filing 
with Secretary of State and designation of an effective date.
    OSHA regulations (29 CFR 1953, 22 and 23) require that States 
respond to the adoption of new or revised permanent 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.
    By letter received May 1, 1994 from Stephan R. Foster. OSHA Program 
Manager, Wyoming Department of Employment, Division of Employment 
Affairs-OSHA to Byron R. Chadwick, OSHA Regional Administrator, the 
State submitted rules and regulations in response to the following 
General Industry Standards, 29 CFR 1910.1000 Air Contaminants Rule 58 
FR 35340, 6/30/93; 29 CFR 1910.1001 Asbestos (revision) 57 FR 24330, 29 
CFR 1910.1048 Occupational Exposure to Formaldehyde Final Rule 
(amendments) 57 FR 22307, 6/27/92; 29 CFR 1910.1027 Occupational 
Exposure to Cadmium Final Rule, 57 FR 42389, 29 CFR 1910.146 Permit-
Required confined Space, 58 FR 4549 29 CFR 1910.1450 Occupational 
Exposure to Hazardous Chemicals in Laboratories (correction) 57 FR 
29204 7/1/92; and 29 CFR 1910.1050 Occupational Exposure to 
4,4,Methylenedianiline (MDA) Final rule 57 FR 35666 8/10/92.
    The above adoptions of federal standards have been incorporated in 
the State Plan and are contained in the Wyoming Occupational Health and 
Safety Rules and Regulations (General), 

[[Page 3885]]
as required by Wyoming Statute 1977, Section 27-11-105 (a) (viii).
    State Standards for 29 CFR 1910.1000 Air Contaminants corrections; 
was adopted by the Health and Safety Commission of Wyoming on November 
19, 1993 (effective 1/4/94); State Standards for 29 CFR 1910.1001 
Asbestos revision; was adopted 8/14/92 (effective 10/13/92); State 
standards for 29 CFR 1910.1048 Occupational Exposure to Formaldehyde 
Final Rule Amendments was adopted 8/14/92 (effective 10/13/92); State 
Standards for 29 CFR 1910.1027 Occupational Exposure to Cadmium Final 
Rule corrections adopted 2/19/93 (effective 4/12/93); State Standard 
for 29 CFR 1910.146 Permit-required Confined Space adopted 5/21/93 
(effective 7/22/93); State Standard for 29 CFR 1910.1450 Occupational 
Exposure to Hazardous Chemicals in Laboratories correction was adopted 
11/06/92 (effective 1/4/93); State Standards for 29 CFR 1910.1050 
Occupational Exposure to 4,4, Methylenedianiline (MDA) Final Rule 
amendments was adopted 11/6/92 (effective 1/4/93).

Decision

    The above State Standards have been reviewed and compared with 
relevant Federal Standards, and OSHA has determined that the State 
Standards are at least as effective as the comparable Federal 
Standards, as required by Section 18(c)(2) of the Act. OSHA has also 
determined that the differences between the State and Federal Standards 
are substantially identical. OSHA therefore approves these Standards. 
However, the right to reconsider this approval is reserved should 
substantial objections be submitted to the Assistant Secretary.

Location of Supplement for Inspection and Copying

    A copy of the Standards Supplements, along with the approved Plan, 
may be inspected and copied during normal business hours at the 
following locations: Office of the Regional Administrator, 1999 
Broadway Suite 1690, Denver, Colorado 80202-5716; the Department of 
Employment, Division of Employment Affairs-OSHA, Herschler Building, 
2nd Floor East, 122 West 25th Street, Cheyenne, Wyoming 82002; and the 
Office of State Programs, Room N-3700, 200 Constitution Avenue, N.W., 
Washington, D.C. 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 Wyoming 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 January 19, 1995 (Sec. 18, Public Law 91-596, 84 Stat. 1608 
[29 U.S.C. 6671].)

    Signed at Denver, Colorado this 9th day of September, 1994.
Gregory J. Baxter,
Deputy Regional Administrator, VIII.
[FR Doc. 95-1330 Filed 1-18-95; 8:45 am]
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