Utah State Standards; Approval

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Utah State Standards; 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 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 1202.

On January 10, 1973, notice was published in the Federal Register

(38 FR 1178) of the approval of the Utah State Plan and the adoption of

subpart E to part 1952 containing the decision. Utah was granted final

approval on section 18(e) of the Act on July 16, 1985. By law (section

63-46a-16 Utah Code,) the Utah Administrative Rulemaking Procedure is

the authorized compilation of the administrative law of Utah and

``shall be received in all the courts, and by all the judges, public

officers, commissioners, and departments of the State government as

evidence of the administrative law of the State of Utah * * *.'' The

Utah Occupational Safety and Health Division revised its Administrative

Rulemaking Act (chapter 46a, title 63, Utah annotated, 1953) which

became effective on April 29, 1985. On May 6, 1985, a State Plan

Supplement was submitted to the Occupational Safety and Health

Administration (OSHA) for approval and publication in the Federal

Register. The plan supplement was published in the Federal Register (53

FR 43688) on October 28, 1988. The supplement provides for adoption of

Federal standards by reference through the publication of standards in

the Utah State Digest. Utah now adopts Federal OSHA standards by

reference using the OSHA numbering system.

Following the publication date, the agency shall allow at least 30

days for public comment on the rule. During the public comment period

the agency may hold a hearing on the rule. Except as provided in

statutes 63-46a-6 and 63-46a-7, a proposed rule becomes effective on

any date specified by the agency which is no fewer than 30 nor more

than 90 days after the publication date. The agency shall provide

written notification of the rule's effective date to the office. Notice

of the effective date shall be published in the next issue of the

bulletin.

OSHA regulations (29 CFR 1953.22 and 1953.23) require that States

respond to the adoption of new or revised permenent 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. The State submitted statements

along with copies of the Utah State Digest, to verify the adoption by

reference of a standard for the Code of Federal Regulations. The

adoption by reference standards actions occurred as follows: The

Industrial Commission of Utah, Occupational Safety and Health Division,

adopted by reference on December 1, 1993, the Federal Standard, Lead

Exposure in Construction; Interim Final Rule of 29 CFR part 1910 as

published in 58 FR 26590. The effective data of the State Rule was

January 3, 1994.

Decision: The statement of incorporation of the aforementioned

Federal Standard by reference has been printed in the Utah

Administrative Code. The code contains the statement of the

incorporation of Federal Standards by reference as compiled by the

Occupational Safety and Health Division of the Industrial Commission of

Utah. Copies of the Utah Administrative Code have been reviewed and

verified at the Regional Office. OSHA has determined that the Federal

Standards incorporated by reference from 29 CFR part 1910 are identical

to Federal Standards with no differences and therefore approves the

Utah Standards.

Location of Supplement For Inspection and Copying. A copy of the

standards along with the approved plan may be inspected and copied

during normal business hours at the following location: Office of the

Regional Administrator, room 1576 Federal Office Building, 1961 Stout

Street, Denver, Colorado 80294; Utah State Industrial Commission, UOSH

Offices at 160 East 300 South, Salt Lake City, Utah 84151; and the

Director, Federal-State Operations, room N3700, 200 Constitution Ave,

NW., Washington, DC 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 Utah 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 February 23, 1994.

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

Signed at Denver, Colorado this 23rd day of February 1994.

Gregory J. Baxter,

Deputy Regional Administrator, VIII.

[FR Doc. 94-9251 Filed 4-15-94; 8:45 am]

BILLING CODE 4510-26-M