DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Iowa State Standards; Notice of Approval

1. 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 Administrators for Occupational Safety and Health (hereinafter called the Regional Administrator) under a 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 July 20, 1973, notice was published in the Federal Register (38 FR 19368) of the approval of the Iowa Plan and the adoption of subpart J of part 1952 containing the decision. Iowa was granted final approval under Section 18(e) of the Act on July 2, 1985. The Iowa Plan provides for the adoption of Federal standards by reference after comments and public hearing). By a letter dated June 13, 1994, from Walter H. Johnson, Deputy Labor Commissioner, to Alonzo L. Griffin, Area Director, and incorporated as part of the Plan, the State submitted State standards comparable to: Electric Power Generation Transmission and Distribution; Electrical Protective Equipment; as published in the Federal Register (59 FR 4435, dated January 31, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested March 16, 1994; hearing scheduled for April 7, 1994; (no comments were received). The standard was effective May 11, 1994; and notice of its adoption was published by the State on May 11, 1994.

In the June 13, 1994 letter, the State also submitted State standards comparable to: Hazard Communication; as published in the Federal Register (59 FR 6169, dated February 9, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested March 16, 1994; hearing scheduled for April 7, 1994; (no comments were received). The standard was effective May 11, 1994; and notice of its adoption was published by the State on May 11, 1994.

In the June 13, 1994 letter, the State also submitted State standards comparable to: Occupational Safety and Health Standards for Cadmium for Shipyards Employment and Construction, Redesignation; as published in the Federal Register (59 FR 215, dated January 3, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested March 16, 1994; hearing scheduled for April 7, 1994; (no comments were received). The standard was effective May 11, 1994; and notice of its adoption was published by the State on May 11, 1994.

In the June 13, 1994 letter, the State also submitted State standards comparable to: Hazard Communication; as published in the Federal Register (59 FR 6170, dated February 9, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested March 16, 1994; hearing scheduled for April 7, 1994; (no comments were received). The standard was effective May 11, 1994; and notice of its adoption was published by the State on May 11, 1994.

By letter dated July 29, 1994, from Walter H. Johnson, Deputy Labor Commissioner, to Alonzo L. Griffin, Area Director, and incorporated as part of the Plan, the State submitted State standards comparable to: Personal Protective Equipment for General Industry; as published in the Federal Register (59 FR 16360, dated April 6, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested May 11, 1994; hearing scheduled for June 2, 1994; (no comments were received). The standard was effective July 6, 1994; and notice of its adoption was published by the State on July 6, 1994.

By letter dated October 19, 1994, from Walter H. Johnson, Deputy Labor Commissioner, to Alonzo L. Griffin, Area Director, and incorporated as part of the Plan, the State submitted State standards comparable to: Permit-Required Confined Spaces, technical amendment; as published in the Federal Register (59 FR 26115, dated May 19, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested July 20, 1994; hearing scheduled for August 11, 1994; (no comments were received). The standard was effective September 14, 1994; and notice of its adoption was published by the State on September 14, 1994.

In the October 19, 1994 letter, the State also submitted State standards comparable to: Electric Power Generation, Transmission, and distribution; electrical protective equipment, correction; as published in the Federal Register (59 FR 33661, dated June 30, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested August 3, 1994; hearing scheduled for August 25, 1994; (no comments were received). The standard was effective September 28, 1994; and notice of its adoption was published by the State on September 28, 1994.

In the October 19, 1994 letter, the State also submitted State standards comparable to: Personal Protective Equipment for General Industry, correction; as published in the Federal Register (59 FR 33910, dated July 1, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested August 3, 1994; hearing scheduled for August 25, 1994; (no comments were received). The standard was effective September 28, 1994; and notice of its adoption was published by the State on September 28, 1994.

In the October 19, 1994 letter, the State also submitted State standards comparable to: Retention of DOT Markings, Placards, and Labels; as published in the Federal Register (59 FR 36699, dated July 19, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested July 20, 1994; hearing scheduled for August 11, 1994; (no comments were received). The standard was effective September 14, 1994; and notice of its adoption was published by the State on September 14, 1994.

By letter dated February 21, 1995, from Walter H. Johnson, Deputy Labor Commissioner, to Alonzo L. Griffin, Area Director, and incorporated as part of the Plan, the State submitted State standards comparable to: Safety Standards for Fall Protection in the Construction industry; as published in the Federal Register (59 FR 40729, dated August 9, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested September 14, 1994; hearing scheduled for October 6, 1994; (no comments were received). The standard was effective November 9, 1994; and notice of its adoption was published by the State on November 9, 1994.

In the February 21, 1995 letter, the State also submitted State standards comparable to: Occupational Exposure to Asbestos; as published in the Federal Register (59 FR 41057, dated August 10, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested September 14, 1994; hearing scheduled for October 6, 1994; (no comments were received). The standard was effective November 9, 1994; and notice of its adoption was published by the State on November 9, 1994.

In the February 21, 1995 letter, the State also submitted State standards comparable to: Hazardous Waste Operations and Emergency Response; as published in the Federal Register (59 FR 43270, dated August 12, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested September 28, 1994; hearing scheduled for October 20, 1994; (no comments were received). The standard was effective November 23, 1994; and notice of its adoption was published by the State on November 23, 1994.

In the February 21, 1995 letter, the State also submitted State standards comparable to: Logging Operations; as published in the Federal Register (59 FR 51741, dated October 12, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested November 9, 1994; hearing scheduled for December 1, 1994; (no comments were received). The standard was effective February 1, 1995; and notice of its adoption was published by the State on February 1, 1995.

In the February 21, 1995 letter, the State also submitted State standards comparable to: Safety Standards for Fall Protection in the Construction Industry; as published in the Federal Register (59 FR 40729, dated August 9, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested September 14, 1994; hearing scheduled for October 6, 1994; (no comments were received). The standard was effective November 9, 1994; and notice of its adoption was published by the State on November 9, 1994.

In the February 21, 1995 letter, the State also submitted State standards comparable to: Occupational Exposure to Asbestos; as published in the Federal Register (59 FR 41131, dated August 10, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested September 14, 1994; hearing scheduled for October 6, 1994; (no comments were received). The standard was effective November 9, 1994; and notice of its adoption was published by the State on November 9, 1994.

In the February 21, 1995 letter, the State also submitted State standards comparable to: Hazardous Waste Operations and Emergency Response; as published in the Federal Register (59 FR 43275, dated August 22, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested September 28, 1994; hearing scheduled for October 20, 1994; (no comments were received). The standard was effective November 23, 1994; and notice of its adoption was published by the State on November 23, 1994.

In the February 21, 1995 letter, the State also submitted State standards comparable to: Logging Operations; as published in the Federal Register (59 FR 51748, dated October 12, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested November 9, 1994; hearing scheduled for December 1, 1994; (no comments were received). The standard was effective February 1, 1995; and notice of its adoption was published by the State on February 1, 1995.

By letter dated November 8, 1994, from Walter H. Johnson, Deputy Labor Commissioner, to Alonzo L. Griffin, Area Director, and incorporated as part of the Plan, the State submitted State standards comparable to: Reporting of fatality or multiple hospitalization incidents; as published in the Federal Register (59 FR 15594, dated April 1, 1994). This standard, which is contained in Chapter 88 of the Code of Iowa (1993), was promulgated after public comments requested July 26, 1994; hearing scheduled for July 28, 1994; (no comments were received). The standard was effective October 26, 1994; and notice of its adoption was published by the State on October 26, 1994.

2. Decision. All of the above State submissions have been compared to federal standards and it has been determined that they are identical to the comparable federal standard and should therefore be approved. Having reviewed the State submission, in comparison with the Federal standards, it has been determined that the State standards, with the exception of 1904.8, are identical to the comparable Federal standards and should therefore be approved.

OSHA has determined that the State standard for 347-4.8(88) is at least as effective as the comparable Federal standard, as required by section 18(c)(2) of the Act. OSHA has also determined that the differences between the State and Federal standards are minimal and that the standards are thus substantially identical. OSHA therefore approves this standard; however, the right to reconsider this approval is reserved should substantial objections be submitted to the Assistant Secretary.

3. Location of Supplement for Inspection and Copying. A copy of the standard supplement, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Directorate of Federal/State Operations, Office of State Programs, Room N3700, 200 Constitution Avenue, NW, Washington, DC 20210; Office of the Regional Administrator, Occupational Safety and Health Administration, 406 Federal Office Building, 911 Walnut Street, Kansas City, Missouri 64106; and Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319.

4. Public Participation. Under 29 CFR 1953.2(c) of this Chapter, the Assistant Secretary may prescribe alternative procedures to expedite the review process or for other good cause which may be consistent with applicable laws. The Assistant Secretary finds that good cause exists for not publishing the supplement to the Iowa State Plan as a proposed change and for making the Regional Administrator's approval effective upon publication for the following reasons:

1. The standards are identical to the comparable Federal standards, with the exception of 1904.8, and are therefore deemed to be at least as effective.

2. The standards were adopted in accordance with the procedural requirements of State law and further public participation and notice would be unnecessary

This decision is effective August 4, 1995.

(Section 18, Public Law 91-596, 84 Stat. 1608 [29 U.S.C. 667])

Signed at Kansas City, Missouri, this 11th day of July, 1995.

Marcia Drumm,
Acting Regional Administrator.

[FR Doc. 95-19202 Filed 8-3-95; 8:45 am]