[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: 29CFR1953.41]

[Page 132-133]
 
                             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 E--State Initiated Change Supplements
 
Sec. 1953.41  Submission and consideration.

    (a) A State initiated change supplement is required whenever the 
State takes with regard to its plan an action not otherwise covered by 
this part that would impact on the effectiveness of the State program. 
The State shall notify the Regional Administrator of the change and 
submit the required supplement within 30 days after notifying the 
Regional Administrator if the change involves legislative amendments or 
affects Federal funding under section 23(g) of the Act. Other State 
initiated changes may be submitted at any time generally not to exceed 6 
months after the change occurred. If the State fails to notify the 
Regional Administrator of the change or fails to submit the required 
supplement within 30 days after notification, 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 15 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. 
The supplement shall contain the change with related documentation on 
the impact of the change on the State plan.
    (2) The State may also show cause why a supplement should not be 
required on the grounds that it does not impact on the effectiveness of 
the State program and that additional Federal funding is not required. 
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

[[Page 133]]

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.
    (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 submit the 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 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 that 
requirement.

[38 FR 24361, Sept. 7, 1973, as amended at 39 FR 5630, Feb. 14, 1974]