[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: 29CFR1953.21]

[Page 128-129]
 
                             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 C--Federal Program Change Supplements
 
Sec. 1953.21  Standards supplements.

    (a)(1) In accordance with section 18(c) of the Act, 
Sec. 1902.3(c)(1) and (2) and Sec. 1902.4(b)(2)(i) through (vii) of this 
chapter, and the assurances contained in an approved plan, each State 
has agreed that its standards, including emergency temporary standards, 
will continue to be identical to or at least as effective as Federal 
standards promulgated under section 6 of the Act relating to issues 
covered by the approved plan. The requirement to be at least as 
effective includes promulgation of new standards as well as 
modifications, revisions, or revocations of existing standards. Since a 
State may include standards in addition to Federal standards within an 
issue covered by an approved plan. It would generally not be necessary 
for a State to revoke a standard when the comparable Federal standard is 
revoked and no substitute Federal standard is promulgated.
    (2) However, in the case of product standards where section 18(c)(2) 
of the Act requires that State plans meet certain tests before more 
stringent standards can be adopted or retained by the States, the 
modification, revision, or revocation of the Federal product standards 
would necessitate the modification, revision, or revocation of the 
comparable State standard unless the State product standard is required 
``by compelling local conditions and [does] not unduly burden interstate 
commerce.'' (See 29 CFR 1952.7).

[[Page 129]]

    (b) The procedures in Sec. 1953.22 are applicable to the submission 
of emergency temporary standards. The procedures in Sec. 1953.23 of this 
subpart apply to submission of supplements for permanent standards as 
well as to other Federal program changes. When an emergency temporary 
standard is adopted as a permanent standard the procedure in 
Sec. 1953.23 is applicable.