Utah State Standards; Notice of Approval

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Utah 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 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 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 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, a State Plan Supplement was

submitted to the Occupational Safety and Health Administration (OSHA)

for approval and publication in the Federal Register of Utah's revised

Administrative Rulemaking Act. The Plan supplement was published in the

Federal Register (53 FR 43688) on October 28, 1988. The supplement

[[Page 3884]]

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 .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.

The State submitted statements along with copies of the Utah State

Digest, to verify the adoption of standards by reference from the Code

of Federal Regulations. The adoption by reference standards actions

occurred as follows:

1. The Utah Occupational Safety and Health Administration on May

14, 1994, published for adoption by reference the revised as of July 1,

1993 edition of 29 CFR part 1910 (General Industry) and 29 CFR part

1926 (Construction). The effective date of the action was May 15, 1994.

2. The Utah Occupational Safety and Health Division adopted by

reference on January 31, 1994, the new Federal Standard Electrical

Power Generation, Transmission and Distribution; Electrical Protective

Equipment; Final Rule as published in 59 FR 4320. The effective date of

the State Rule is June 14, 1994.

Decision

The Statement of incorporation of the aforementioned Federal

Standards by reference has been printed in the Utah Administrative 1990

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 form 29 CFR part 1910 and 29 CFR part 1926

are identical to Federal Standards 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

locations: Office of the Regional Administrator, 1999 Broadway, Suite

1690 Denver, Colorado 80202-5716; Utah State Industrial Commission,

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

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

Avenue, 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 participation would be repetitious. This decision is effective

September 22, 1994.

Authority: SEC. 18, Public Law 91-596, 84 Stat. 1608 (29 U.S.C.

667) Signed at Denver, Colorado this 22nd day of September, 1994.

Harry C. Borchelt,

Assistant Regional Administrator, VIII.

[FR Doc. 95-1329 Filed 1-18-95; 8:45 am]

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