[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Notices]
[Pages 38604-38605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15640]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Washington State Standards; Request for Public Comment

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Request for comment on Washington State amendments to: 
Safeguarding Power Transmission Parts Standard.

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SUMMARY: This notice invites public comment on Washington's amendments 
to its Safeguarding Power Transmission Parts Standard comparable to the 
Federal final rule at 29 CFR 1910.219 as published in the Federal 
Register on May 29, 1971, and subsequent changes.
    Where a State standard adopted pursuant to an OSHA-approved State 
plan differs significantly from a comparable Federal standard or is a 
State-initiated standard that contains significant differences, the 
Occupational Safety and Health Act of 1970 (the Act) requires that the 
State standard must be ``at least as effective'' in providing safe and 
healthful employment and places of employment. In addition, if the 
standard is applicable to a product distributed or used in interstate 
commerce, it must be required by compelling local conditions and not 
pose any undue burden on interstate commerce. OSHA, therefore, seeks 
public comment as to whether this Washington standard and amendments 
meet the above requirements.

DATES: Written comments should be submitted by July 21, 2000.

ADDRESSES: Written comments should be submitted to the Regional 
Administrator, Occupational Safety and Health Administration, 1111 
Third Avenue, Suite 715, Seattle, Washington 98101-3212.

FOR FURTHER INFORMATION CONTACT: Mike Shimizu, Director, Office of 
Public Affairs, U.S. Department of Labor, 1111 Third Avenue, Suite 930, 
Seattle, Washington 98101-3212. Telephone: (206) 553-7620.

SUPPLEMENTARY INFORMATION:   

A. Background

    The requirements for adoption and enforcement of safety and health 
standards by a State with a State plan approved under section 18(b) of 
the Act (29 U.S.C. 667) are set forth in section 18(c)(2) of the Act 
and in 29 CFR 1902, 1952.7, 1953.21, 1953.22 and 1953.23. OSHA 
regulations 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 
(29 CFR 1953.23(a)). A 30-day response time is required for State 
adoption of a standard comparable to a Federal emergency temporary 
standard (29 CFR 1953.22(a)(1)). Independent State standards must be 
submitted for OSHA review and approval. Newly adopted State standards 
must be submitted for OSHA review and approval under procedures set 
forth in 29 CFR part 1953, but are enforceable by the State prior to 
Federal review and approval.
    Section 18(c)(2) of the Act provides that if State standards which 
are not identical to Federal standards are applicable to products which 
are distributed or used in interstate commerce, such standards must be 
required by compelling local conditions and must not unduly burden 
interstate commerce. (This latter requirement is commonly referred to 
as the ``product clause''.)
    On January 26, 1973, notice was published in the Federal Register 
(38 FR 2421) of the approval of the Washington State plan and the 
adoption of Subpart F to Part 1952 containing the decisions.
    The Washington plan provides for the adoption of State standards 
that are at least as effective as comparable Federal standards 
promulgated under section 6 of the Act. The Director of the Washington 
Department of Labor and Industries (the Director) is empowered to 
create, adopt, modify, and repeal rules and regulations governing 
occupational safety and health standards following public notice and a 
hearing in conformance with the State's Administrative Procedures Act. 
Public notice describing the subject matter of the proposed rule, and 
where and when the hearing will occur must be published in the State 
newspapers at least 30 days in advance of the hearing. The Director 
considers all recommendations by any member of the public in the 
promulgation process. Whenever the Director adopts a standard, the 
effective date is usually 30 days after the signing.

Safeguarding Power Transmission Parts

    On its own initiative, the State of Washington has submitted by 
letters dated July 2, 1998, and December 17, 1999, from Michael A. 
Silverstein, Assistant Director, to Richard S. Terrill, Regional 
Administrator, a State standard for Safeguarding Power Transmission 
Parts. The State's initial submittal, a complete rewrite of the 
standard, was adopted on May 4, 1998, effective January 1, 1999, under 
Washington Administrative Order 97-11. The State's further revision of 
the standard was adopted on September 21, 1999, with an effective date 
of January 1, 2000, under Washington Administrative Order 99-23. The 
State standard is contained in Chapter 296-24 WAC, Part C. The original 
State standard for Safeguarding Power Transmission Parts, WAC 296-24-
205, received OSHA approval on June 4, 1976 (41 FR 22655).
    OSHA has determined that the State standard amendments for 
Safeguarding Power Transmission Parts are at least as effective as the 
comparable Federal standard, as required by Section 18(c)(2) of the 
Act. OSHA has also determined that there are major differences between 
the State and Federal standards. The State standard is performance-
oriented and allows safeguarding by using enclosure guards, devices, 
safe

[[Page 38605]]

distances, or safe locations. The State standard allows the employer 
more flexibility in choosing guard materials that take advantage of 
current technology, but provide equivalent protection. The State 
standard is also rewritten in plain language.

B. Issues for Determination

    The Washington standard amendments in question are now under review 
by the Regional Administrator to determine whether they meet the 
requirements of section 18(c)(2) of the Act and 29 CFR parts 1902 and 
1953. Public comment is being sought by OSHA on the following issues.

At Least as Effective'' Requirement

    Washington's amendments to the Safeguarding of Power Transmission 
Parts Standard are comparable to the Federal final rule at 29 CFR 
1910.219, Mechanical Power Transmission Apparatus. OSHA has evaluated 
the State's requirements in comparison to the respective OSHA standard 
requirements and to enforcement policy and has preliminarily determined 
that the State's amendments in question meet the ``at least as 
effective'' criterion on section 18(c)(2) of the Occupational Safety 
and Health Act. However, public comment on these issues is solicited 
for OSHA's consideration in its final decision on whether or not to 
approve theseWashington amendments.

Product Clause Requirement

    OSHA is also seeking through this notice public comment as to 
whether the Washington standard amendments:
    (a) Are applicable to products which are distributed or used in 
interstate commerce;
    (b) If so, whether they are required by compelling local 
conditions; and
    (c) Unduly burden interstate commerce.

C. Public Participation

    Interested persons are invited to submit written data, views and 
arguments with respect to the issues described above. These comments 
must be postmarked on or before July 21, 2000 and submitted to the 
Regional Administrator, U.S. Department of Labor-OSHA, 1111 Third 
Avenue, Suite 715, Seattle, WA 98101-3212. Written submissions must 
clearly identify the issues which are addressed and the position taken 
with respect to each issue. The Occupational Safety and Health 
Administration will consider all relevant comments, arguments and 
requests submitted concerning this standard and will publish notice of 
the decision approving or disapproving the standard.

D. Location of Supplement for Inspection and Copying

    A copy of Washington's standard and amendments applicable to 
Safeguarding Power Transmission Parts, along with approved State 
provisions for adoption of standards, may be inspected and copied 
during normal business hours at the following locations: Office of the 
Regional Administrator, U.S. Department of Labor-OSHA, 1111 Third 
Avenue, Suite 715, Seattle, Washington 98101-3212; State of Washington 
Department of Labor and Industries, Division of Industrial Safety and 
Health, 7273 Linderson Way, S.W., Tumwater, Washington 98501; and the 
Office of State Programs, Occupational Safety and Health 
Administration, Room N-3476, 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.

    Authority: Sec. 18, 84 STAT 6108 [29 U.S.C. 667].

    Signed at Seattle, Washington, this 9th day of June, 2000.
Richard S. Terrill,
Regional Administrator.
[FR Doc. 00-15640 Filed 6-20-00; 8:45 am]
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