[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: 29CFR1953.51]

[Page 133-134]
 
                             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 F--Advisory Opinions
 
Sec. 1953.51  Submission and consideration.

    (a) The request for advice should be submitted in writing to the 
Regional Administrator in whose Region the State is located and should 
include full and complete information regarding the proposed course of 
action. Conferences with members of the Regional and National office 
staff may be held before and after submittal of the request and 
submission of additional information may be required.
    (b)(1) On the basis of the facts submitted, as well as other 
information available to him, including information from interested 
persons where relevant, the Regional Administrator, after appropriate 
consultation with the Office of Federal and State Operations and the 
Office of the Solicitor will provide an advisory opinion to the State 
and may take such other action as may be appropriate.
    (2) Because of the possibility that the subject matter of an 
advisory opinion may change during promulgation by the State as a final 
change, and in order to provide for public comment on the final change, 
these opinions cannot bind the Assistant Secretary in making his final 
decision following the procedures specified in the appropriate subparts 
of this part. If the Assistant Secretary decides to revoke or rescind 
the advisory opinion, notice of such rescission or revocation will be 
given to the requesting State so that it may discontinue the course of 
action taken. The Assistant Secretary will not proceed against the 
requesting State with respect to any action taken in good faith reliance 
upon the advice given under this subpart, where all relevant

[[Page 134]]

facts are fully, completely, and accurately presented and where such 
action was promptly discontinued upon notification by the Assistant 
Secretary.
    (c) When a State has obtained an advisory opinion under this part, 
the formal change supplement submitted under the applicable subpart of 
this part shall specify in what areas, if any, it differs from the 
material submitted for an advisory opinion.
    (d) No later than 15 days after the State has been sent the 
requested advice, the advisory opinion, and any supplementary 
information will be placed with the requesting State's plan at the 
location specified in the subpart of part 1952 of this chapter relating 
to the State plan.