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• Record Type: Instruction
• Directive Number: CSP 01-01-009
• Old Directive Number: STP 2-1.19
• Title: Sample Federal Register Notices for Approval of State Standards
• Information Date: 10/30/1978

DRAFT C

OSHA Instruction October 30, 1978 STP 2-1.19

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

(Name of State) STATE STANDARDS

Notice of Adoption

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 (hereinafter called the Act) by which the Assistant Regional Directors for Occupational Safety and Health (hereinafter called the Assistant Regional Director) under a delegation of authority from the Assistant Secretary of Labor for Occupational Safety and Health (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 (date of approval), notice was published in the Federal Register (Vol. #) FR(page number) of the approval of the (name of State) plan and the adoption of Subpart (letter) to Part 1952 containing the decision.

The (name of State) plan provides for the adoption of State standards which are at least as effective as comparable Federal standards promulgated under section 6 of the Act. (Describe how the standards were originally submitted if that is applicable e.g. State standards comparable to 29 CFR Part 1910 Subpart D.E,G, etc. were submitted with the State plan. (list those found at least as effective.))

STP 2-1.19 OSHA Instruction October 30, 1978

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However, the following State standards were determined to need additional revision (list). Accordingly, (name of state) has revised these standards and promulgated them in accordance with applicable State procedures. (If they were not submitted with the plan then omit the above paragraph following "under section 6 of the Act.") Section 1952. (specific section) of Subpart (letter) sets forth the State's schedule for the adoption of at least as effective State standards. By letter dated (date) from (State official) to (OSHA official), and incorporated as part of the plan, the State submitted (list standards). These standards, which are contained in (cite the State code) were promulgated by the State following hearings on (date) (if no hearings but by comment etc. state that) Pursuant to 29 CFR 1953.11(d), preliminary examination discloses no cause for rejecting the supplement and its approval is under consideration.

2. Issues. (Describe generally without conclusions the areas where the State standard differs but is considered ALAE- standards which have again been determined to be NALAE should be returned to the State for revision in accordance with 1953.11(d)(2) and not included in this notice. If the adopted standards include any product standards as defined in 1902.3(c)(2) which differ from from comparable Federal standards the following statement should be included: The following State standard(s) regulate(s) a product distributed or used in interstate commerce (list) and differ from the following comparable Federal standard(s) (list). The State standard(s) is/are considered to be

OSHA Instruction October 30, 1978 STP 2-1.19

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required by compelling local conditions (identify) and should not unduly burden interstate commerce. Those product standards that do not appear to meet the compelling local condition and undue burden tests should be returned to the State for revision.) 3. Location of the supplement for inspection and copying. A copy of the standards supplement, along with the approved plan, may be inspected and copied during the normal business hours at the following locations: Office of the Assistant Regional Director (give address); (give State address); and the Technical Data Center, Room N3620, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

4. Public participation. Interested persons are given until (leave blank) to submit written data, views and arguments should address the matter of whether or not the State standards are at least as effective as the Federal standards in accordance with assurances submitted as part of the approved State plan. (In the case of product standard(s) comment should also be invited on whether the different State standard is required by compelling local conditions and whether it would unduly burden interstate commerce.) General comments not related to the State standards will not be considered appropriate. The submission shall be addressed to Assistant

OSHA Instruction October 30, 1978 STP 2-1.19

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Regional Director (address) and will be available for inspection and copying at the above address.

Any interested person(s) may request an informal hearing concerning the State standards, whenever particularized written objections are filed within the time allowed for comments specified above. If, in the opinion of the Assistant Regional Director, substantial objections which warrant further discussion are submitted, a formal or informal hearing on the subjects and issues involved may be held. The Assistant Regional Director shall thereafter consider all the relevant comments and arguments and issue his decision as to the approval or disapproval of the supplement make appropriate amendments to Subpart (letter) of Part 1952 and initiate any further proceedings if necessary.

(Secs. 18, Pub. L. 91-596, 84 Stat. 1608, 29 U.S.C. 667)).

Signed at (city and State) this (day) of (month and year).

Assistant Regional Director

Note: There must be at least three lines of the Public participation section (not including the authority or place of signature lines) on the signature page to meet the Federal Register requirements.

DRAFT D

OSHA Instruction October 30, 1978 STP 2-1.19

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

(Name of State) 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 (hereinafter called the Act) by which the Assistant Regional Directors for Occupational Safety and Health (hereinafter called the Assistant Regional Director), 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 (date of approval), notice was published in the Federal Register (vol. #)FR (page number) of the approval of the (name of State) plan and the adoption of Subpart (letter) to Part 1952 containing the decision.

The (name of State) plan provides for the adoption of Federal standards as State standards (or "for the adoption of State standards which are at least as effective as the

OSHA Instruction October 30, 1978 STP 2-1.19

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comparable Federal standards" where relevant). On (date of adoption of Federal emergency standards) the Occupational Safety and Health Administration (OSHA) adopted pursuant to section 6(c) of the Act, an emergency temporary standard for (name of substance or hazard) (add citation to Federal Register by vol. # FR page number). By letter dated (date) from (State official) to(OSHA official) and incorporated as part of the plan, the State submitted its emergency temporary standard. This standard which is contained in (reference State code) was promulgated on (date) in accordance with applicable State law.

2. Decision. Having reviewed the State submission in comparison with the Federal standard it has been determined that the State standard is identical to the Federal standard (or "at least as effective as the comparable Federal standard" where relevant) and accordingly should be approved.

3. Location of supplement for inspection and copying. A copy of the State emergency temporary standard, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Assistant Regional Director (give address); (give State address); and the Technical Data Center, Room N3620, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

     4.   Public participation. 29 CFR 1953.22(b)(1)
              provides that temporary emergency standards which are
identical to or "at least as effective as" the

OSHA Instruction STP 2-1.19 October 30, 1978

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are denied. With regard to the public comments, the Assistant Regional Director has determined that no changes or modifications by the State are necessary for the following reasons:

(a) [give reasons including support for differing product standards]
(b)

[It should be noted that where no hearing has been requested, the language on substantial objections and denial of the hearing request should be deleted. If a hearing is considered necessary, the appropriate notices will be prepared with the assistance of Office of Regional Programs and the Office of the Solicitor]. Accordingly, it is determined that (name of State) standards covering (list issues) should be approved as [the completion of a developmental step; meeting the requirements for a Federal program change etc.].

This decision is effective (leave blank).

Signed at (name of State) this (day) day of (month, year).

Assistant Regional Director

DRAFT E

OSHA Instruction October 30, 1978 STP 2-1.19

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

(Name of State) STATE STANDARDS

Notice of Approval

1. Background. On (date), notice was published in the FEDERAL REGISTER (e.g. 39 FR 1002) of the receipt of a standards supplement to the (name of state) State plan. [Summarize the contents of the notice requesting public comment, including paragraph 2 of Draft C, so that the public is familiar with what is being decided].

Interested persons were afforded 30 days from the date of publication to submit written comments concerning the standards supplement. Further, interested persons were afforded an opportunity to request an informal hearing with respect to the supplement on the basis of substantial objections thereto. No public comments were received, nor was a hearing requested. [If there were comments or a hearing request see 2. below] 2. Decision. Pursuant to the notice of (date of original notice), several comments were received from interested persons and organizations including [list groups who commented.] The [Names of group] requested a hearing.

STP 2-1.19 OSHA Instruction October 30, 1978

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In light of the modifications which the State has made in response to the public comments and to comments from and discussions with the Regional Office, there are no significant objections remaining with respect to the supplement. Accordingly, the several requests for a hearing are denied. The public comments, and Regional review of the supplement raised several issues which were addressed by (name of State) in supplementary clarifications and modifications of the supplement. By letter dated (date), from (name of State official) to (name of OSHA official) the State provided the following clarifications and revisions to the supplement for incorporation as part of its plan.

(a) describe revisions and clarifications or
(b) assurances the State gave regarding changing its standards.

[If no revisions were made to the standard supplement as a result of public comments and the ARD has determined that none is necessary and the questions that necessitated public comment do not present a problem in approving the supplement then the previous paragraph beginning "In light of the modifications" etc. should not be used. Instead the notice should state that "Following review of the standards supplement and the public comments, the Assistant Regional Director has determined that there were no significant objections presented and accordingly, the requests for a hearing

STP 2-1.19 OSHA Instruction October 30, 1978

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comparable Federal standards may be approved effective upon publication under the Administrative Procedure Act requirements for good cause, 5 U.S.C 553(b)(3)(B), for the following reasons:

1. The standard was adopted in accordance with the procedural requirements of State law which authorizes promulgation without public participation for emergency standards, and participation at the Federal level would be impracticable.

2. The emergency nature of the standard requires that it's approval be implemented immediately.

This decision is effective (leave blank).

(Sec. 18, Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667)).

Signed at (city and State) this (day) (day of month and year).

Assistant Regional Director

Note:

There must be at least three lines of the Public participation section (not including the authority or place of signature lines) on the signature page to meet Federal Register requirements.

OSHA Instruction October 30, 1978 STP 2-1.19

       State          Subpart           Sections       Federal Register
                                                       Date and Page
1.   Alaska           Subpart R    Sec. 1952.240-244   August 10, 1973
                                                       38 FR 21628
2.   Arizona          Subpart CC   Sec. 1952.350-354   October 29, 1974
                                                       39 FR 39037
3.   California       Subpart K    Sec. 1952.170-174   May 1, 1973
                                                       38 FR 10717
4.   Colorado         Subpart M    Sec. 1952.190-194   September 12, 1973
                                                       38 FR 25172
5.   Connecticut      Subpart X    Sec. 1952.300-304   January 4, 1974
                                                       38 FR 1012
6.   Hawaii           Subpart Y    Sec. 1952.310-314   January 4, 1974
                                                       38 FR 1010
7.   Indiana          Subpart Z    Sec. 1952.320-324   March 6, 1974
                                                       39 FR 8611
8.   Iowa             Subpart J    Sec. 1952.160-164   July 20, 1973
                                                       38 FR 19368
9.   Kentucky         Subpart Q    Sec. 1952.230-234   July 31, 1973
                                                       38 FR 20322
10.  Maryland         Subpart O    Sec. 1952.210-214   July 5, 1973
                                                       38 FR 17834
11.  Michigan         Subpart T    Sec. 1952.260-264   October 3, 1973
                                                       38 FR 27388
12.  Minnesota        Subpart N    Sec. 1952.200-204   June 8, 1973
                                                       38 FR 15076
13.  Nevada           Subpart W    Sec. 1952.290-294   January 4, 1974
                                                       39 FR 1008
14.  North Carolina   Subpart I    Sec. 1952.150-154   February 2, 1973
                                                       38 FR 3041
15.  Oregon           Subpart D    Sec. 1952.105-109   December 28, 1972
                                                       37 FR 28628
                                   revised             April 1, 1974
                                                       39 FR 11881

OSHA Instruction October 30, 1978 STP 2-1.19

        State          Subpart          Sections     FEDERAL REG. DATE
                                                     AND PAGE

16. South Carolina Subpart C Sec. 1952.100-104 December 6, 1972

37 FR 25932 17. Tennessee Subpart P Sec. 1952.220-224 July 5, 1973 38 FR 17838 18. Utah Subpart E Sec. 1952.110-114 January 10, 1973 38 FR 1178 19. Vermont Subpart U Sec. 1952.270-274 October 16, 1973 38 FR 28658 20. Virgin Islands Subpart S Sec. 1952.250-254 September 11, 1973 38 FR 24896 21. Washington Subpart F Sec. 1952.120-124 January 26, 1973 38 FR 2421 22. Wyoming Subpart BB Sec. 1952.340-344 May 3, 1974 39 FR 15394


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