Occupational Safety and Health Administration

Iowa 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 (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 letter dated April 20, 1993, 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 for General Industry, Final Rule; 29 CFR 1910.146; as published in the Fedeal Register (58 FR 4549, dated January 14, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested February 17, 1993; hearing scheduled for March 11, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on April 14, 1993, pursuant to Chapter 17a, Iowa Code. The standard was effective April 14, 1993; and notice of its adoption was published by the State on April 14, 1993.

By letter dated January 6, 1993, from the 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: Occupational Exposure to Cadmium, Final Rule; 29 CFR 1910.19, 29 CFR 1910.1000, 29 CFR 1910.1027, and 29 CFR 1926.63; as published in the Federal Register (57 FR 42388, dated September 14, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested October 28, 1992; hearing scheduled for November 19, 1992; (no comments were received); and resolution adopted by the Division of Labor Services on December 23, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective December 23, 1992, and notice of its adoption was published by the State on December 23, 1992.

Additionally, by letter dated November 23, 1992, 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: Occupational Exposure to 4,4' Methylenedianiline(MDA) Final Rule: 29 CFR 1910.19, 29 CFR 1910.1000, 29 CFR 1910.1050, and 29 CFR 1926.60; as published in the Federal Register (57 FR 35666, dated August 10, 1992). This Standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested September 2, 1992; hearing scheduled for September 24, 1992; (no comments were received); and resolution adopted by the Division of Labor Services on October 28, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective October 28, 1992; and notice of its adoption was published by the State on October 28, 1992.

Additionally, by letter dated October 5, 1992, 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: Occupational Exposure to Formaldehyde, Correction, 29 CFR 1910.1048; as published in the Federal Register (57 FR 27160, dated June 18, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested August 5, 1992; hearing scheduled for August 27, 1992; (no comments were received); and resolution adopted by the Division of Labor Services on September 30, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective September 30, 1992; and notice of its adoption was published by the State on September 30, 1992.

In the October 5, 1992 letter, the State also submitted State standards comparable to: Update of Addresses for Obtaining Technical Manuals Corrections; 29 CFR 1910.1450 and 29 CFR 1910.1500; as published in the Federal Register (57 FR 29204, dated July 1, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested August 5, 1992; hearing scheduled for August 27, 1992; (no comments were received); and resolution adopted by the Division of Labor Services on September 30, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective September 30, 1992; and notice of its adoption was published by the State on September 30, 1992.

In the October 5, 1992 letter, the State also submitted State standards comparable to: Air Contaminants Corrections, 29 CFR 1910.1000; as published in the Federal Register (57 FR 29204, dated July 1, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested August 5, 1992; hearing scheduled for August 27, 1992; (no comments were received); and resolution adopted by the Division of Labor Services on September 30, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective September 30, 1992; and notice of its adoption was published by the State on September 30, 1992.

In the October 5, 1992 letter, the State also submitted State standards comparable to: Occupational Exposure to Bloodborne Pathogens Corrections, 29 CFR 1910.1030; as published in the Federal Register (57 FR 29206, dated July 1, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested August 5, 1992; hearing scheduled for August 27, 1992 (no comments were received); and resolution adopted by the Division of Labor Services on September 30, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective September 30, 1992; and notice of its adoption was published by the State on September 30, 1992.

In the October 5, 1992 letter, the State also submitted State standards comparable to: Occupational Exposure to Asbestos, Tremolite, Anthophyllite, Actinolite, correction, 29 CFR 1926.58; as published in the Federal Register (57 FR 29119, dated June 30, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested August 5, 1992, hearing scheduled for August 27, 1992 (no comments were received); and resolution adopted by the Division of Labor Services on September 30, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective September 30, 1992; and notice of its adoption was published by the State on September 30, 1992.

Additionally, by letter dated September 25, 1992, 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: Occupation Exposure to Formaldehyde, 29 CFR 1910.1048; as published in the Federal Register (57 FR 22307, dated May 27, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested June 24, 1992; hearing scheduled for July 16, 1992 (no comments were received); and resolution adopted by the Division of Labor Services on August 19, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective August 19, 1992; and notice of its adoption was published by the State on August 19, 1992.

In the September 25, 1992 letter, the State also submitted State standards comparable to: Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite, amendment; 29 CFR 1910.1001 and 29 CFR 1926.58; as published in the Federal Register (57 FR 24330, dated June 8, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested July 8, 1992; hearing scheduled for July 30, 1992 (no comments were received); and resolution adopted by the Division of Labor Services on September 2, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective September 2, 1992; and notice of its adoption was published by the State on September 2, 1992.

In the September 25, 1992 letter, the State also submitted State standards comparable to: Occupational Exposure to Formaldehyde, Correction; 29 CFR 1910.1048; as published in the Federal Register (57 FR 24701, dated June 10, 1992). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comment requested July 8, 1992; hearing scheduled for July 30, 1992 (no comments were received); and resolution adopted by the Division of Labor Services on September 2, 1992, pursuant to Chapter 17a, Iowa Code. The standard was effective September 2, 1992; and notice of its adoption was published by the State on September 2, 1992.

2. Division

Having reviewed the State submission in comparison with the Federal standards, it has been determined that the State standards are identical to the comparable Federal standards and should therefore be approved.

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 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 October 5, 1993. (Section 18, Public Law 9109596, 84 Stat. 1608 (29 U.S.C.667)) Signed at Kansas City, Missouri, this 9th day of August 1993.

John T. Phillips,
Regional Administrator.

[FR Doc. 930924347 Filed 100940993; 8:45 am]