Iowa State Standards; Notice of Approval

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]

BILLING CODE 4510-26-M