[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3883-3884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1329]



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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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