[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Notices]
[Pages 3532-3534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1565]


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DEPARTMENT OF LABOR
Occupational Safety and Health Administration


Minnesota 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 (29 U.S.C. 667) (hereinafter called the Act) by which the 
Regional Administrator for

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the 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 June 8, 1973, notice was published in the Federal Register (38 
FR 15076) of the approval of the Minnesota plan and the adoption of 
Subpart N of Part 1952 containing the decision. The Minnesota plan 
provides for the adoption of Federal standards as State standards by 
reference after an opportunity for public comment and/or requests for 
public hearings. 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 publication in the Federal Register, and within 30 days for 
emergency temporary standards. Although adopted Federal 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 a letter dated December 
13, 1993, the State submitted State Standards which are comparable to 
Occupational Exposure to 4,4'-Methylenedianiline (MDA); Approval of 
Information Collection Requirements, as published in the Federal 
Register (57 FR 49649) on November 3, 1992; Control of Hazardous Energy 
Sources (Lockout/Tagout); Supplemental Statement of Reasons, as 
published in the Federal Register (58 FR 16612) on March 30, 1993; 
Occupational Exposure to Cadmium; Corrections and Amendments to Final 
Rule, as published in the Federal Register (58 FR 21778) on April 23, 
1993; and Lead Exposure in Construction; Interim Final Rule, as 
published in the Federal Register (58 FR 26590) on May 4, 1993. The 
order of adoption was published in the State Register (18 S.R. 1065) on 
October 11, 1993, pursuant to Minnesota Statute 182.655 (1992), and 
went into effect on October 16, 1993. By a letter dated August 4, 1994, 
the State submitted State Standards which are comparable to Safety 
Standards for General Industry and Construction; Technical Amendments, 
as published in the Federal Register (58 FR 35306) on June 30, 1993; 
Electric Power Generation, Transmission and Distribution; Electrical 
Protective Equipment, as published in the Federal Register (59 FR 4320) 
on January 31, 1994; Occupational Safety and Health Standards for 
Cadmium in Shipyard Employment and Construction; Final Rule--
Miscellaneous Corrections and Technical Amendments, as published in the 
Federal Register (59 FR 146) on January 3, 1994; and Occupational 
Exposure to Lead in Construction; Interim Final Rule--Approval of 
Information Collection Requirements, as published in the Federal 
Register (58 FR 34218) on June 24, 1993. The letter also served to 
incorporate into Minnesota Rules the redesignation of the regulatory 
text of the general industry standards that have been identified as 
applicable to construction work as published in the Federal Register 
(58 FR 35076) and corrected in the Federal Register (58 FR 40468) on 
July 28, 1993. The order of adoption was published in the State 
Register (19 S.R. 187) on July 25, 1994, pursuant to Minnesota Statute 
182.655 (1992), and went into effect on July 30, 1994, with the 
exception of 1910.269(a)(2) which was effective January 31, 1995. By a 
letter dated November 17, 1994, the State submitted State Standards 
which are comparable to Grain Handling Facilities; Final Decision 
Statement, as published in the Federal Register (59 FR 15339) on April 
1, 1994; Personal Protective Equipment for General Industry; Final 
Rule, as published in the Federal Register (59 FR 16334) on April 6, 
1994; and Electric Power Generation, Transmission, and Distribution; 
Electrical Protective Equipment; Final Rule--Stay of Enforcement of 
Certain Provision and Correction, as published in the Federal Register 
(59 FR 33658) on June 30, 1994. The order of adoption was published in 
the State Register (19 S.R. 887) on October 24, 1994, pursuant to 
Minnesota Statute 182.655 (1992), and went into effect on October 29, 
1994.
    By a letter dated January 18, 1995, the State submitted State 
Standards which are comparable to Occupational Exposure to Asbestos in 
Construction (1926.1101), General Industry (1910.1001), and Shipyard 
Employment (1915.1001), as published in the Federal Register (59 FR 
40964) on August 10, 1994; Retention of DOT Markings, Placards, and 
Labels (1910.1201, 1915.100, 1917.29, 1918.100, and 1926.61), as 
published in the Federal Register (59 FR 36695) on July 19, 1994; 
Safety Standard for Fall Protection in Construction (1926, Subpart M), 
as published in the Federal Register (59 FR 40672) on August 9, 1994; 
Amendments to the Hazardous Waste Operations and Emergency Response 
Standard (1910.120 and 1926.65), as published in the Federal Register 
(59 FR 43268) on August 22, 1994; and Confined and Enclosed Spaces and 
other Dangerous Atmospheres in Shipyard Employments, as published in 
the Federal Register (59 FR 37816) on July 25, 1994. The order of 
adoption was published in the State Register (19 S.R. 1459) on January 
3, 1995, pursuant to Minnesota Statute 182.655 (1992), and went into 
effect on January 8, 1995, with the exception of the Fall Protection in 
Construction Standard which was effective February 6, 1995. By a letter 
dated March 27, 1995, the State submitted a State Standard which is 
comparable to Logging Operations, Final Rule, as published in the 
Federal Register (59 FR 51672) on October 12, 1994. The order of 
adoption was published in the State Register (19 S.R. 1900) on March 
13, 1995, pursuant to Minnesota Statute 182.655 (1992), and went into 
effect on March 18, 1995. These standards, which are contained in the 
Minnesota Occupational Safety and Health Codes and Rules, were 
promulgated after notice was published offering an opportunity for 
public comments and/or requests for public hearings.

Decision

    Having reviewed the State submission in comparison with the Federal 
standards, it has been determined that the State standards and 
amendments are identical to the Federal standards and accordingly are 
approved.

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, Occupational 
Safety and Health Administration, 230 S. Dearborn Street, Room 3244, 
Chicago, Illinois 60604; State of Minnesota, Department of Labor and 
Industry, 443 Lafayette Road, St. Paul, Minnesota 55155; and the 
Directorate of Federal-State Operations, Room N3700, 200 Constitution 
Avenue, NW., Washington, DC 20210. For electronic copies of this 
Federal Register notice, contact OSHA's Web Page at http://
www.osha.gov/.

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

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cause exists for not publishing the supplement to the Minnesota State 
Plan as a proposed change and makes the Regional Administrator's 
approval effective upon publication for the following reasons:
    1. The standards are identical to the Federal standards which were 
promulgated in accordance with Federal law including meeting 
requirements for public participation.
    2. The standards were adopted in accordance with the procedural 
requirements of State law and further participation would be 
unnecessary.
    This decision is effective January 23, 1997.

(Sec. 18, Pub. L. 91-596, 84 Stat. 1608 [29 U.S.C. 667])

    Signed at Chicago, Illinois this 4th day of November 1996.
Sandra J. Taylor,
Acting Regional Administrator.
[FR Doc. 97-1565 Filed 1-22-97; 8:45 am]
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