[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1902.43]

[Page 24-25]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1902--STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
 Subpart D--Procedures for Determinations Under Section 18(e) of the Act
 
Sec. 1902.43  Affirmative 18(e) decision.

    (a) In publishing his affirmative 18(e) decision in the Federal 
Register the Assistant Secretary's notice shall include, but shall not 
be limited to the following:
    (1) Those issues under the plan over which the Assistant Secretary 
is withdrawing his standards and enforcement authority;
    (2) A statement that the Assistant Secretary retains his authority 
under

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section 11(c) of the Act with regard to complaints alleging 
discrimination against employees because of the exercise of any right 
afforded to the employee by the Act;
    (3) Amendments to the appropriate subpart of part 1952 of this 
chapter;
    (4) A statement that the Assistant Secretary is not precluded from 
revoking his determination and reinstating his standards and enforcement 
authority under Sec. 1902.47 et seq., if his continuing evaluations under 
section 18(f) of the Act show that the State has substantially failed to 
maintain a program which is at least as effective as operations under 
the Federal program, or if the State does not submit program change 
supplements to its plan to the Assistant Secretary as required by 29 CFR 
part 1953.