DEPARTMENT OF LABOR

Iowa 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 (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 a letter dated August 13, 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: Storage and Handling of Liquefied Petroleum Gases CFR Correction 1910.110; as published in the Federal Register (58 FR 15089, dated March 19, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested April 28, 1993; hearing scheduled for May 20, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on June 23, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective June 23, 1993; and notice of its adoption was published by the State on June 23, 1993.

In the August 13, 1993 letter, the State also submitted State standards comparable to: Explosives and Blasting Agents CFR Correction; as published in the Federal Register (58 FR 16496, dated March 29, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested April 28, 1993; hearing scheduled for May 20, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on June 23, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective June 23, 1993; and notice of its adoption was published by the State on June 23, 1993.

By letter dated September 30, 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: Occupational Exposure to Cadmium, Correction; Final Rule; as published in the Federal Register (58 FR 21778, date April 23, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested May 26, 1993; hearing scheduled for June 17, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on August 18, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective August 18, 1993; and notice of its adoption was published by the State on August 18, 1993.

In the September 30, 1993 letter, the State also submitted State standards comparable to: Lead Exposure in Construction Interim Final Rule; as published in the Federal Register (58 FR 22627, dated May 4, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested May 26, 1993; hearing scheduled for June 17, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on August 18, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective August 18, 1993; and notice of its adoption was published by the State on August 18, 1993.

By a letter dated January 4, 1994, from Walter H. Johnson, Deputy Labor Commissioner, to Alonzo L. Griffin, Area Director, and incorporated as part of the Plan, the State submitted standards comparable to: Permit-Required Confined Spaces 29 CFR part 1910, Corrections to Final Rule; as published in the Federal Register (58 FR 34845, dated June 29, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested August 18, 1993; hearing scheduled for September 9, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on October 13, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective October 13, 1993; and notice of its adoption was published by the State on October 13, 1993.

In the January 4, 1994 letter, the State also submitted State standards comparable to: Safety Standards for General Industry and Construction; Final Rule; Technical Amendments; as published in the Federal Register (58 FR 35308, dated June 30, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested August 18, 1993; hearing scheduled for September 9, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on October 13, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective October 13, 1993; and notice of its adoption was published by the State on October 13, 1993.

In the January 4, 1994 letter, the State also submitted State standards comparable to: Incorporated of General Industry Safety and Health Standards Applicable to Construction Work and Technical Amendments; Final Rule; as published in the Federal Register (58 FR 35077, dated June 30, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested August 18, 1993; hearing scheduled for September 9, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on October 13, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective October 13, 1993; and notice of its adoption was published by the State on October 13, 1993.

In the January 4, 1994 letter, the State also submitted State standards comparable to: Air Contaminants; Final Rule; as published in the Federal Register (58 FR 35340, dated June 30, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested August 18, 1993; hearing scheduled for September 9, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on October 13, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective October 13, 1993; and notice of its adoption was published by the State on October 13, 1993.

In the January 4, 1994 letter, the State also submitted State standards comparable to: Incorporation of General Industry Safety and Health Standards Applicable to Construction Work; 29 CFR 1926, Correction; as published in the Federal Register (58 FR 40468, dated July 28, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested September 1, 1993; hearing scheduled for September 23, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on October 27, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective October 27, 1993; and notice of its adoption was published by the State on October 27, 1993.

In the January 4, 1994 letter, the State also submitted State standards comparable to: Air Contaminants; 29 CFR 1910, Correction; as published in the Federal Register (58 FR 40191, dated July 27, 1993). This standard, which is contained in Chapter 88 of the Code of Iowa (1983), was promulgated after public comments requested September 1, 1993; hearing scheduled for September 23, 1993; (no comments were received); and resolution adopted by the Division of Labor Services on October 27, 1993, pursuant to Chapter 17a, of the Iowa Code. The standard was effective October 27, 1993; and notice of its adoption was published by the State on October 27, 1993.

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 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 September 21, 1994.

(Section 18, Public Law 91-596, 84 Stat. 1608 [29 U.S.C. 667]).

Signed at Kansas City, Missouri, this 20 day of June, 1994.

John T. Phillips,
Regional Administrator.

[FR Doc. 94-23348 Filed 9-20-94; 8:45 am]