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• Record Type: Instruction
• Directive Number: CSP 01-01-006
• Old Directive Number: STP 2-1.6
• Title: Pre-Approved Public Disclosure of State Plans
• Information Date: 10/30/1978
• Standard Number: 1902.11

OSHA Instruction STP 2-1.6 October 30, 1978

To: National Office Directors Regional Administrators Assistant Regional Administrators for State Programs

Subject: Pre-Approval Public Disclosure of State Plans

Attachments: 1. National Office Control Form for State Plans 2. Written Public Comments Log

1. Purpose. This directive is to establish control procedures for public disclosure of State plans and to provide a system for public review of the plan and for handling written public comments.

2. Background. The regulations (Part 1902.11) provide that upon receipt of an 18(b) plan the Assistant Secretary shall publish a notice in the Federal Register. The regulations further provide that "no later than 5 days following the publication in the Federal Register, the applying State agency shall publish within the State reasonable notice containing the same information.

It is also a requirement of the regulations that the plan shall be available for review and copying by the public. The public may also comment on plans and such comments must also be available for review and copying by interested parties.

3. Responsibility. The Office of State Programs, the Regional Administrators, and the affected State agencies are responsible for making the plans and the public comments available for inspection and copying at designated locations. The Office of State Programs location shall be: Occupational Safety and Health Administration, Office of State Programs, l726 M Street, N. W. , Room 1162, Washington, D. C., 20210.

The regional office location shall be at the main office building of the regional office in whose jurisdiction the State plan falls.

OSHA Instruction STP 2-1.6 October 30, 1978

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The State agency location shall be as stipulated by the State upon submission of the plan.

A fee will be charged for copying plans and comments.

4. Action

a. Upon receipt of an 18(b) plan, and the completion of the regional office review, as prescribed by Program Directive #72-10, the Regional Administrator shall:
(1) Submit to the Office of State Programs the exact location (include the room number) at the regional office and the complete address of the State agency location for public inspection of the plan.
(2) Insure that the State agency publishes notice of the availability of the plan for inspection in the State, as required by Part 1902.11(a) of the regulations.
(3) Forward copies of all written public comments concerning the plan received in the regional office to the Office of State Programs and the affected State agency.
(4) Insure that the State agency forwards copies of public comments to the Office of State Programs and the regional office.
b. Upon receipt of the formal submission of an 18(b) plan from the regional office and information as required above, the Office of State Programs shall:
(1) Provide copies of the announcement to be published in the Federal Register to the appropriate regional office and the affected State agency before it appears in the Federal Register.
(2) Publish notice in the Federal Register announcing receipt of the State plan and the exact locations of the plan in the National Office, the regional office and the affected State agency.
(3) Forward copies of written public comments simultaneously to the regional office and the State agency.

OSHA Instruction STP 2-1.6 October 30, 1978

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(4) Maintain a supply of pre-addressed envelope: at all times, in order to expedite the mailing of comments and other pertinent information.

Chain Robbins Deputy Assistant Secretary/Administrator

DISTRIBUTION: NATIONAL OFFICE:

A/Sec (3) Dep. A/Sec (1) Spec. Asst (1) Directors (3) SOL (20) BLS (1) Review Commission (6) NIOSH (1)
FIELD:
Regional Administrators (3) RAO (2) ARA's (1) Regional Directors (1) SOL Regional Attorneys (2) Regional Review Commissions (1) Training Institute (1) NIOSH Regional Program Directors (1) Designated State Agencies (1)

(Originator: OS)

OSHA Instruction STP 2-1.6 October 30, 1978 | No. of pages:___________

| Cost -- full plan:______
| (@ .20 per page) |_______________________

State:_____________________OS Project Officer:____________ext.__________

Region:____________________ARA:_______________________Phone:____________

1. Dates Received from Regional Office:

a. Information Copy:______________(Expedite to Project Officer)
Copies to Others:__________________________________________
__________________________________________
__________________________________________
__________________________________________
b. Formal Submission:______________Complete: yes_____ no_____
           Indicate missing parts: (Project Officer will do)
                                   _________________________________
_________________________________
_________________________________
_________________________________
_________________________________

Copies for review & comments to: (date)| Comments Rec'd from: (date)

| Preliminary | Formal | Review | Review Compliance:___________________________|_________________|_____________

| | Standards:____________________________|_________________|_____________

| | Training:_____________________________|_________________|_____________

| | Mgnt. Data | | Systems:_____________________________|_________________|_____________

| | Solicitor:____________________________|_________________|_____________

| | BLS:__________________________________|_________________|_____________

2. Address Where Plan is available for Public Inspection:

Regional Office:_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
State Agency:_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

OSHA Instruction STP 2-1.6 October 30, 1978

3. Date copies of notice for publication in Federal Register sent to Regional
         Office and State Agency:______________________(State must publish
                        5  days after notice appears in Federal Register)
4. Date of Notice in Federal Register:__________________________
(10 days after formal submission to NO)

OSHA Instruction STP 2-1.6 October 30, 1978

WRITTEN PUBLIC COMMENT'S LOG:

Page 2

1. Date Copies of Public Comments Sent to:

National Office Plan Reviewers:__________________________
Regional Office:_________________________________________
State Agency:____________________________________________
NIOSH:____________________Address:_______________________
_______________________
_______________________
_______________________

2. Summary Report: (consists of two parts: a) public comments, b) views

& opinions by reviewing offices)
a. Date Prepared:_________________________
b. Date copy sent to Compliance:___________________
c. Date Presented by Project Officer to Final Review Board:

(Board: Chain Robbins, Ben Mintz, Preston Farish)

3. Date Plan Approved by Assistant Secretary:______Date Disapproved:_____

4. Date of Public Hearings:______________________

5. Date of Final Notice in Federal Register of Approval or Rejection of Plan:_______________________________

OSHA Instruction STP 2-1.6 October 30, 1978

WRITTEN PUBLIC COMMENTS LOG

___________________________________________________________________________

From | Date of Letter | Date Rec'd | Sections | Page | | OSP | referenced |

_____________|____________________|____________|____________|______________

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