Federal Registers - Table of Contents
• Publication Date: 03/04/1994
• Publication Type: Notice
• Fed Register #: 59:10432-10433
• Title: New Mexico State Standards; Approval

New Mexico State Standards; 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 Regional Administrator for Occupational Safety and Health (hereinafter called 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 December 10, 1975, notice was published in the Federal Register (40 FR 57455) of the approval of the New Mexico State Plan and the adoption of subpart DD to part 1952 containing the decision.

The New Mexico State Plan provides for the adoption of Federal standards as State standards after:

  1. Notice of public hearing published in a newspaper of general circulation in the State at least sixty (60) days prior to the date of such hearing.
  2. Public hearing conducted by the Environmental Improvement Board.
  3. Filing of adopted regulations, amendments, or revocations under the State Rules Act.

The New Mexico 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.

By letter dated January 20, 1994, from Sam A. Rogers, Bureau Chief, to Gilbert J. Saulter, Regional Administrator, and incorporated as part of the plan, the State submitted State standards identical to Federal standards as follows: Amendment to 1910.146, Permit-Required Confined Spaces (58 FR 34845-34851, dated June 29, 1993); Amendment to 1910 General Industry Standards (58 FR 35308-35310, dated June 30, 1993); Amendment to 1926 Construction Standards (58 FR 35077-35306 and 35310-35311, dated June 30, 1993); Amendment to 1926 Construction Standards (58 FR 40468, dated July