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 28, 1993); and Amendment to 1928 Agricultural Standards to add and reserve new subparts J and L, and add a new subpart M, Occupational Health, consisting of 1928.1027, Cadmium (58 FR 21787-21850, dated April 23, 1993).

These standards, contained in New Mexico Occupational Health and Safety Regulations OHSR 200, OHSR 300 and OHSR 400, were promulgated on December 10, 1993, in accordance with applicable State law.

The subject standards become effective February 18, 1994, and February 19, 1994, pursuant to New Mexico State Law, section 50-9-1 through 50-9-25.

2. Decision

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

3. Location of Supplement for Inspection and Copying

A copy of the standards supplement, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, U.S. Department of Labor-OSHA, 525 Griffin Street, room 602, Dallas, Texas 75202; Office of the Secretary, New Mexico Environment Department, 1190 St. Francis Drive, Santa Fe, New Mexico 87501; and the Office of State Programs, 200 Constitution Ave., NW., room N3700, Washington, DC 20210.

4. Public Participation

Under 29 CFR 1953.2(c), 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 supplements to the New Mexico State Plan as proposed changes and making the Regional Administrator's approval effective upon publication for the following reason.

1. These standards are identical to the Federal standards which were promulgated in accordance with Federal law including meeting requirements for public participation. The decision is effective March 4, 1994.

Authority: Sec. 18, Public Law 91-596, 84 Stat. 1608 (29 U.S.C. 667).

Signed at Dallas, Texas, this 9th day of February 1994.

Gilbert J. Saulter,
Regional Administrator.

[FR Doc. 94-5011 Filed 3-3-94; 8:45 am]