[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: 29CFR1953.31]

[Page 131-132]
 
                             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 D--Evaluation Change Supplements
 
Sec. 1953.31  Submission and consideration of evaluation changes.

    (a) Within 30 days after an evaluation report has been made, the 
Regional Administrator shall advise the State of the evaluation findings 
that require a supplement and the reasons supporting this decision. This 
notification shall also contain a date by which State 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 change supplement. This extended submission 
period may not exceed six months, unless the Assistant Secretary 
determines that the State has made a timely and specific showing that 
good cause exists to extend the time limitation for that State.
    (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. 
The supplement shall contain the change as well as a timetable for 
completion of any change when necessary with related documentation on 
the impact of the change on the State plan and its responsiveness to the 
Federal evaluation report.
    (2) The State may also show cause, in response to the request for an 
evaluation change supplement, why a supplement should not be required on 
the ground that the State program is meeting the requirements for an 
``at least as effective'' program. The procedures in this subpart would 
be applicable thereto.
    (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

[[Page 132]]

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 procedure provided in Secs. 1902.11 and 1902.12 of this 
chapter for public comment and approval of State plans shall be 
followed.
    (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 for rejection 
of the change or for failure to submit a change, in accordance with the 
procedures in Sec. 1902.17 of this chapter on rejection of State plans.
    (e) The Assistant Secretary shall review the supplement in the 
context of the entire plan to see whether it meets the objections set 
out in the evaluation report as well as the requirements for an ``at 
least as effective'' State program. The decision shall reflect the 
Assistant Secretary's determination as to whether the supplement meets 
those requirements.

[38 FR 24361, Sept. 7, 1973, as amended at 39 FR 5629, Feb. 14, 1974; 43 
FR 51761, Nov. 7, 1978]