May 22, 1996

MEMORANDUM FOR:   STATE DESIGNEES
                 REGIONAL ADMINISTRATORS

FROM:             PAULA O. WHITE,
                 Director
                 Federal-State Operations

SUBJECT:          Notification of Standard Action, Final Rule;
                 Corrections and Technical Amendments

NOTE: In order to make these memos more user friendly and in response to requests from the Regions, the numbering system for Notification of Standard Action memos has been changed, beginning with this memo. The memos will be given a Fiscal Year number, i.e. 96-1, with any previous memos prepared on the same subject listed directly under the Fiscal Year number. (No previous correspondence has gone out on 96-1, Corrections and Technical Amendments.)

This is your official notification of the following standard action concerning removal of 275 pages of regulations as part of OSHA's Regulatory Reform Initiative.

March 7, 1996 Corrections and Technical Amendments: OSHA issued a Federal Register notice, effective May 6, 1996 (46 FR 9228), removing 275 pages of regulations as part of its comprehensive line-by-line review of its standards, as directed by President Clinton, to reduce OSHA regulations by more than 1,000 pages. These quick-fix minor and technical amendments were made in 29 CFR Parts 1901, 1902, 1910, 1915, 1926, 1928, 1950, and 1951. The States are encouraged but not required to make these minor changes in their parallel standards in order to reduce the volume of their parallel standards. If the States make minor changes in their parallel standards, they will need to submit a plan supplement.

This standard action concerns the following:

-- Combining the health standards for 13 carcinogenic (cancer-causing) chemicals at 29 CFR Parts 1910, 1915, and 1926 into single standards at §1910.1003, 1915.1003, and 1926.1203.

-- Eliminating more than 100 pages in the health standard for cadmium as it applies to agriculture at §1928.1027. A cross reference from the agriculture industry standards to §1910.1027 is being inserted in place of the full text.

-- Removing a number of unnecessary sections in general industry standards that list the addresses of national standards organizations' whose standards have been incorporated by reference. These include 29 CFR 1910.40, 1910.70, 1910.100, 1910.116, 1910.140, 1910.148, 1910.171, 1910.190, 1910.222, 1910.247, 1910.257, and 1910.275. These addresses are being consolidated into §1910.6, titled "Incorporation by Reference."

-- Removing listings for specific standards that were used as sources for standards adopted by OSHA. These include 29 CFR 1910.31, 1910.39, 1910.69, 1910.99, 1910.115, 1910.139, 1910.150, 1910.153, 1910.170, 1910.189, 1910.221, 1910.246, 1910.256, and 1910.274. The parenthetical note entitled "Source" at the bottom of §1910.68(e)(3) is being removed as well. OSHA is also consolidating all "Incorporation by reference" (IBR) statements into §1910.6. The paragraphs affected by this are §1910.133(b)(1) and (2), 1910.135(b)(1) and (2), 1910.136(b)(1) and (2), and §1910.266(d)(3)(iv), (e)(2)(I), (f)(3)(ii) through (iv), (f)(4), and (f)(5)(I).

-- Eliminating regulatory text that details test procedures and performance specifications for rollover protective structures and overhead protection in agricultural-type tractors used in construction work and agricultural operations under 29 CFR Parts 1926 and 1928.

-- Codifying effective dates under 29 CFR Part 1910.

-- Making editorial corrections to 29 CFR Part 1910.

-- Making minor corrections and technical amendments to several 29 CFR Part 1926 standards that were previously incorporated from 29 CFR Part 1910.

-- Making miscellaneous technical amendments to 29 CFR Part 1926.

This Federal Register Notice also revokes Parts 1901, 1950 and 1951 dealing with State Occupational safety and health programs. Part 1901 interprets and applies section 18(h) of the Occupational Safety and Health Act of 1970 (the Act). Since the State agreements that were permitted under section 18(h) have been obsolete since 1972, part 1901 has been revoked and reserved, with the exception of the first sentence of 1901.2. This sentence interprets the preemption language in section 18(a) of the Act and is relied on by courts in preemption cases. That language has been moved to paragraph (a) of 29 CFR 1902.1, fourth sentence.

Part 1950 of title 29 CFR interprets and applies section 23(a) and (b) of the Act, which authorizes the Secretary of Labor to make grants to the States for certain development and planning purposes with regard to occupational safety and health State plans. Since the statutory authority for making these grants to the States expired in 1973, Part 1950 is being revoked.

Part 1951 of title 29 CFR contains procedures for making grants to the States to assist them in administering and enforcing programs for occupational safety and health contained in State plans. Since financial grant rules and regulations can be found in 29 CFR part 97 and in Office of Management Circular A-102, Part 1951 is redundant and is being revoked.