[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Notices]
[Pages 39970-39971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19202]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


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 June 
13, 1994, 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: Electric Power 
Generation Transmission and Distribution; Electrical Protective 
Equipment; as published in the Federal Register (59 FR 4435, dated 
January 31, 1994). This standard, which is contained in Chapter 88 of 
the Code of Iowa (1983), was promulgated after public comments 
requested March 16, 1994; hearing scheduled for April 7, 1994; (no 
comments were received). The standard was effective May 11, 1994; and 
notice of its adoption was published by the State on May 11, 1994.
    In the June 13, 1994 letter, the State also submitted State 
standards comparable to: Hazard Communication; as published in the 
Federal Register (59 FR 6169, dated February 9, 1994). This standard, 
which is contained in Chapter 88 of the Code of Iowa (1983), was 
promulgated after public comments requested March 16, 1994; hearing 
scheduled for April 7, 1994; (no comments were received). The standard 
was effective May 11, 1994; and notice of its adoption was published by 
the State on May 11, 1994.
    In the June 13, 1994 letter, the State also submitted State 
standards comparable to: Occupational Safety and Health Standards for 
Cadmium for Shipyards Employment and Construction, Redesignation; as 
published in the Federal Register (59 FR 215, dated January 3, 1994). 
This standard, which is contained in Chapter 88 of the Code of Iowa 
(1983), was promulgated after public comments requested March 16, 1994; 
hearing scheduled for April 7, 1994; (no comments were received). The 
standard was effective May 11, 1994; and notice of its adoption was 
published by the State on May 11, 1994.
    In the June 13, 1994 letter, the State also submitted State 
standards comparable to: Hazard Communication; as published in the 
Federal Register (59 FR 6170, dated February 9, 1994). This standard, 
which is contained in Chapter 88 of the Code of Iowa (1983), was 
promulgated after public comments requested March 16, 1994; hearing 
scheduled for April 7, 1994; (no comments were received). The standard 
was effective May 11, 1994; and notice of its adoption was published by 
the State on May 11, 1994.
    By letter dated July 29, 1994, 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: 
Personal Protective Equipment for General Industry; as published in the 
Federal Register (59 FR 16360, dated April 6, 1994). This standard, 
which is contained in Chapter 88 of the Code of Iowa (1983), was 
promulgated after public comments requested May 11, 1994; hearing 
scheduled for June 2, 1994; (no comments were received). The standard 
was effective July 6, 1994; and notice of its adoption was published by 
the State on July 6, 1994.
    By letter dated October 19, 1994, 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: Permit-Required Confined Spaces, technical amendment; as 
published in the Federal Register (59 FR 26115, dated May 19, 1994). 
This standard, which is contained in Chapter 88 of the Code of Iowa 
(1983), was promulgated after public comments requested July 20, 1994; 
hearing scheduled for August 11, 1994; (no comments were received). The 
standard was effective September 14, 1994; and notice of its adoption 
was published by the State on September 14, 1994.
    In the October 19, 1994 letter, the State also submitted State 
standards comparable to: Electric Power Generation, Transmission, and 
distribution; electrical protective equipment, correction; as published 
in the Federal Register (59 FR 33661, dated June 30, 1994). This 
standard, which is contained in Chapter 88 of the Code of Iowa (1983), 
was promulgated after public comments requested August 3, 1994; hearing 
scheduled for August 25, 1994; (no comments were received). The 
standard was effective September 28, 1994; and notice of its adoption 
was published by the State on September 28, 1994.
    In the October 19, 1994 letter, the State also submitted State 
standards comparable to: Personal Protective Equipment for General 
Industry, correction; as published in the Federal Register (59 FR 
33910, dated July 1, 1994). This standard, which is contained in 
Chapter 88 of the Code of Iowa (1983), was promulgated after public 
comments requested August 3, 1994; hearing scheduled for August 25, 
1994; (no comments were received). The standard was effective September 
28, 1994; and notice of its adoption was published by the State on 
September 28, 1994.
    In the October 19, 1994 letter, the State also submitted State 
standards comparable to: Retention of DOT Markings, Placards, and 
Labels; as published in the Federal Register (59 FR 36699, dated July 
19, 1994). This standard, which is contained in Chapter 88 of the Code 
of Iowa (1983), was promulgated after public comments requested July 
20, 1994; hearing scheduled for August 11, 1994; (no comments were 
received). The standard was effective September 14, 1994; and notice of 
its adoption was published by the State on September 14, 1994.
    By letter dated February 21, 1995, 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: Safety Standards for Fall Protection in the Construction 
industry; as published in the Federal Register (59 FR 40729, dated 
August 9, 1994). This standard, which is contained in Chapter 88 of the 
Code of Iowa (1983), was promulgated after public comments requested 
September 14, 1994; hearing scheduled for October 6, 1994; (no comments 
were 

[[Page 39971]]
received). The standard was effective November 9, 1994; and notice of 
its adoption was published by the State on November 9, 1994.
    In the February 21, 1995 letter, the State also submitted State 
standards comparable to: Occupational Exposure to Asbestos; as 
published in the Federal Register (59 FR 41057, dated August 10, 1994). 
This standard, which is contained in Chapter 88 of the Code of Iowa 
(1983), was promulgated after public comments requested September 14, 
1994; hearing scheduled for October 6, 1994; (no comments were 
received). The standard was effective November 9, 1994; and notice of 
its adoption was published by the State on November 9, 1994.
    In the February 21, 1995 letter, the State also submitted State 
standards comparable to: Hazardous Waste Operations and Emergency 
Response; as published in the Federal Register (59 FR 43270, dated 
August 12, 1994). This standard, which is contained in Chapter 88 of 
the Code of Iowa (1983), was promulgated after public comments 
requested September 28, 1994; hearing scheduled for October 20, 1994; 
(no comments were received). The standard was effective November 23, 
1994; and notice of its adoption was published by the State on November 
23, 1994.
    In the February 21, 1995 letter, the State also submitted State 
standards comparable to: Logging Operations; as published in the 
Federal Register (59 FR 51741, dated October 12, 1994). This standard, 
which is contained in Chapter 88 of the Code of Iowa (1983), was 
promulgated after public comments requested November 9, 1994; hearing 
scheduled for December 1, 1994; (no comments were received). The 
standard was effective February 1, 1995; and notice of its adoption was 
published by the State on February 1, 1995.
    In the February 21, 1995 letter, the State also submitted State 
standards comparable to: Safety Standards for Fall Protection in the 
Construction Industry; as published in the Federal Register (59 FR 
40729, dated August 9, 1994). This standard, which is contained in 
Chapter 88 of the Code of Iowa (1983), was promulgated after public 
comments requested September 14, 1994; hearing scheduled for October 6, 
1994; (no comments were received). The standard was effective November 
9, 1994; and notice of its adoption was published by the State on 
November 9, 1994.
    In the February 21, 1995 letter, the State also submitted State 
standards comparable to: Occupational Exposure to Asbestos; as 
published in the Federal Register (59 FR 41131, dated August 10, 1994). 
This standard, which is contained in Chapter 88 of the Code of Iowa 
(1983), was promulgated after public comments requested September 14, 
1994; hearing scheduled for October 6, 1994; (no comments were 
received). The standard was effective November 9, 1994; and notice of 
its adoption was published by the State on November 9, 1994.
    In the February 21, 1995 letter, the State also submitted State 
standards comparable to: Hazardous Waste Operations and Emergency 
Response; as published in the Federal Register (59 FR 43275, dated 
August 22, 1994). This standard, which is contained in Chapter 88 of 
the Code of Iowa (1983), was promulgated after public comments 
requested September 28, 1994; hearing scheduled for October 20, 1994; 
(no comments were received). The standard was effective November 23, 
1994; and notice of its adoption was published by the State on November 
23, 1994.
    In the February 21, 1995 letter, the State also submitted State 
standards comparable to: Logging Operations; as published in the 
Federal Register (59 FR 51748, dated October 12, 1994). This standard, 
which is contained in Chapter 88 of the Code of Iowa (1983), was 
promulgated after public comments requested November 9, 1994; hearing 
scheduled for December 1, 1994; (no comments were received). The 
standard was effective February 1, 1995; and notice of its adoption was 
published by the State on February 1, 1995.
    By letter dated November 8, 1994, 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: Reporting of fatality or multiple hospitalization 
incidents; as published in the Federal Register (59 FR 15594, dated 
April 1, 1994). This standard, which is contained in Chapter 88 of the 
Code of Iowa (1993), was promulgated after public comments requested 
July 26, 1994; hearing scheduled for July 28, 1994; (no comments were 
received). The standard was effective October 26, 1994; and notice of 
its adoption was published by the State on October 26, 1994.
    2. Decision. All of the above State submissions have been compared 
to federal standards and it has been determined that they are identical 
to the comparable federal standard and should therefore be approved. 
Having reviewed the State submission, in comparison with the Federal 
standards, it has been determined that the State standards, with the 
exception of 1904.8, are identical to the comparable Federal standards 
and should therefore be approved.
    OSHA has determined that the State standard for 347-4.8(88) is at 
least as effective as the comparable Federal standard, as required by 
section 18(c)(2) of the Act. OSHA has also determined that the 
differences between the State and Federal standards are minimal and 
that the standards are thus substantially identical. OSHA therefore 
approves this standard; however, the right to reconsider this approval 
is reserved should substantial objections be submitted to the Assistant 
Secretary.
    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, 
with the exception of 1904.8, 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 August 4, 1995.

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

    Signed at Kansas City, Missouri, this 11th day of July, 1995.
Marcia Drumm,
Acting Regional Administrator.
[FR Doc. 95-19202 Filed 8-3-95; 8:45 am]
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