[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1953.11]

[Page 127-128]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1953--CHANGES TO STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS--Table of Contents
 
               Subpart B--Developmental Change Supplements
 
Sec. 1953.11  Submission and consideration.

    (a) A supplement is required whenever a State completes a 
developmental step or fails to meet any developmental step. If a State 
fails to submit the required supplement when the developmental step was 
scheduled for completion, the Regional Administrator shall notify the 
State that a supplement is required and set a time period for submission 
of the supplement generally not to exceed 30 days.
    (b)(1) An authorized representative of the State agency or agencies 
designated under section 18(c)(1) to administer the plan shall submit 
the supplement with 6 copies to the appropriate Regional Administrator 
for the Occupational Safety and Health Administration.
    (2) When a developmental step is missed, the supplement should 
contain the change with related documentation on the impact of the 
change on the State plan as well as the following information:
    (i) An explanation of why the step was not completed;
    (ii) A new date for completion of the step;
    (iii) A revised developmental schedule showing specific actions the 
State proposes to take whenever the missed step would require a new 
timetable; and
    (iv) A demonstration that the current operating program is 
substantial enough to contribute to the protection of employees in the 
State through the enforcement of standards.
    Where appropriate, changes requiring legislative action will be 
supported as required in Sec. 1902.2(b) of this chapter.
    (c) Upon receipt of the supplement, the Regional Administrator shall 
make a preliminary review of the changes. If his examination reveals any 
defect in the supplement, the Regional Administrator shall offer 
assistance to the State and shall provide the agency an opportunity, 
generally not to exceed 30 days, to cure such defect. After the 
preliminary review and after affording the State such opportunity to 
cure defects, the Regional Administrator, except as provided in 
Sec. 1953.4 for review of standards supplements, shall promptly submit 
the supplement to the Assistant Secretary.
    (d)(1) Upon receipt of the supplement from the Regional 
Administrator, the Assistant Secretary shall examine the change and 
supporting material. If examination discloses no cause for rejecting the 
change, the procedures provided in Secs. 1902.11 and 1902.12 of this 
chapter for public comment and approval of State plans shall be 
followed.

[[Page 128]]

    (2) If examination discloses cause for rejecting the change, the 
Assistant Secretary shall provide the State a reasonable time, generally 
not to exceed 30 days, to submit to the Regional Administrator for 
review and submission to the Assistant Secretary a revised supplement, 
or to show cause why a proceeding should not be commenced either for 
rejection of the change or for failure to meet the developmental 
schedule, in accordance with the procedures in Sec. 1902.17 of this 
chapter on rejection of State plans.
    (e) The Assistant Secretary shall review a supplement in the context 
of the entire plan to see whether it meets the assurances provided in 
the plan for an ``at least as effective'' program and whether there is a 
reasonable expectation that the plan will meet the requirements of the 
Act and the criteria in part 1902 within the three year developmental 
period. The decision shall reflect the Assistant Secretary's 
determination as to whether the supplement meets these requirements.
    (f) If a timely request is submitted by the State, a final decision 
on a developmental change supplement will, to the extent practicable, be 
made no later than 60 days after the close of the period for written 
public comment or a hearing, whichever is relevant, unless the Assistant 
Secretary determines that the change is minor. The Assistant Secretary 
may defer publication of minor changes until the end of each full year 
of operations under the plan. The deferral of publication would not be 
appropriate where the change under consideration included a failure to 
meet a developmental step.

[38 FR 24361, Sept. 7, 1973, as amended at 39 FR 5629, Feb. 14, 1974]