[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: 29CFR1953.23]

[Page 130-131]
 
                             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. 1953.23  Submission and consideration of Federal Program changes.

    (a)(1) Within a reasonable time after the occurrence of a Federal 
program change, other than promulgation of emergency temporary 
standards, the Regional Administrator as directed by the Assistant 
Secretary, shall advise the States of a Federal program change which 
requires a State supplement. This notification shall also contain a date 
by which States must submit the supplement. This date will generally be 
thirty days from the date of notification, except where the Assistant 
Secretary determines that the complexity and scope of the change 
warrants a longer period for submission of the completed Federal program 
change supplement. This extended submission period may not exceed six 
months, unless the Assistant Secretary determines that a state has made 
a timely and specific showing that good cause exists to extend the time 
limitation for that State.
    (2) Where the Federal program change is a new permanent standard, or 
a more stringent amendment to an existing permanent standard, the State 
shall promulgate a State standard adopting such new Federal standard, or 
more stringent amendment to an existing Federal standard, or an at least 
as effective equivalent thereof, within six months of the date of 
promulgation of the new Federal standard or more stringent amendment. 
The Assistant Secretary may permit a longer time period if the State 
makes a timely demonstration that good cause exists for extending the 
time limitation.
    (b)(1) An authorized representative of the State agency or agencies 
designated under section 18(c)(1) of the Act to administer the plan 
shall submit the supplement with 6 copies to the Regional Administrator. 
The supplement shall contain the completed change or a schedule for 
completion of the change where necessary. Whenever the State change 
differs from the Federal program change, the supplement shall contain 
documentation on how the change maintains the ``at least as effective 
as'' status of the plan.
    (2) The State may show cause why a supplement should not be required 
on the grounds that the State program is already the same as or at least 
as effective as the Federal program change, or that the failure to adopt 
the Federal program change would not diminish the effectiveness of the 
State program. The procedures in this section would be applicable 
thereto.
    (3) Where the Federal program change is a permanent standard the 
State may also advise the Regional Administrator that the State wants to 
exclude the issue from the plan. Such a submission shall be considered 
as a request for an advisory opinion under subpart F of this part as to 
the severability of that issue.
    (c) Upon receipt of the Federal program change supplement or 
schedule submitted by the State, the Regional Administrator shall make a 
preliminary review of the change. If his examination reveals any defect 
in the supplement or the schedule, the Regional Administrator shall 
offer assistance to the State and shall provide the agency with an 
opportunity, generally not to exceed 30 days, to cure such defect either 
by revising the change or submitting a new or revised schedule for 
completion of the change. After the preliminary review and after 
affording the State such opportunity to cure any defects, the Regional 
Administrator shall submit the Federal program change supplement 
promptly to the Assistant Secretary, except as provided in Sec. 1953.4 
for review and publication of standards supplements.
    (d)(1) Upon receipt of the Federal program change supplement from 
the Regional Administrator, the Assistant Secretary shall examine the 
change and supporting material. If examination discloses that the State 
change is identical to the Federal program change, the Assistant 
Secretary shall, within a reasonable time, publish notice to that effect 
approving the State change. If examination discloses that

[[Page 131]]

the Federal program change supplement submitted by the State differs 
significantly from the Federal change or when the timetable for an 
identical Federal change supplement might require substantial revision, 
the procedures provided in Secs. 1902.11 and 1902.12 of this chapter 
shall be followed.
    (2) If examination discloses cause for rejecting the change or when 
the State declines to submit a change without sufficient reasons, the 
Assistant Secretary shall provide the State with 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 for rejection of the change or for failure to submit change, 
in accordance with the procedures in Sec. 1902.17 of this chapter.
    (e) A Federal program change supplement will be reviewed in the 
context of the entire plan to determine its impact on the ``at least as 
effective as'' status of the plan. The decision shall reflect the 
Assistant Secretary's determination as to whether the change meets those 
requirements.

[39 FR 32905, Sept. 12, 1974, as amended at 44 FR 51761, Nov. 7, 1978]