[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1902.31]

[Page 17-18]
 
                             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. 1902.31  Definitions.

    As used in this subpart, unless the context clearly indicates 
otherwise:
    Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.)
    Affirmative 18(e) determination means an affirmative determination 
under section 18(e) of the Act that the State plan or any modification 
thereof, is in actual operation meeting the criteria

[[Page 18]]

and indices of section 18(c) of the Act and subpart B of this part so as 
to warrant the withdrawal of the application of discretionary Federal 
enforcement and standards authority from issues covered by the plan, or 
by any modification thereof.
    Assistant Regional Director means the Assistant Regional Director 
for Occupational Safety and Health for the region in which a State is 
located.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    Commencement of a case under section 18(e) of the Act means, for the 
purpose of retaining Federal jurisdiction despite an affirmative 18(e) 
determination, the issuance of a citation, and in the case of an 
imminent danger, the initiation of enforcement proceedings under section 
13 of the Act.
    Commencement of plan operations means the beginning of operations 
under a plan following the approval of the plan by the Assistant 
Secretary and in no case may be later than the effective date of the 
initial funding grant provided under section 23(g) of the Act.
    Development step includes, but is not limited to, those items listed 
in the published developmental schedule, or any revisions thereof, for 
each plan contained in 29 CFR part 1952. A developmental step also 
includes those items specified in the plan as approved under section 
18(c) of the Act for completion by the State, as well as those items 
which under the approval decision were subject to evaluations. (See 
e.g., approval of Colorado and Michigan plans, 38 FR 25172, 38 FR 27388, 
respectively), and changes deemed necessary as a result thereof to make 
the State program at least as effective as the Federal program within 
the 3 years developmental period. (See 29 CFR 1953.4(a)).
    Initial approval means approval of a State plan, or any modification 
thereof, under section 18(c) of the Act and subpart C of this part.
    Person means any individual, partnership, association, corporation, 
business trust, legal representative, organized group of individuals, or 
any agency, authority or instrumentality of the United States or of a 
State.
    Separable portion of a plan for purposes of an 18(e) determination 
generally means more than one industrial, occupational or hazard 
grouping as defined in Sec. 1902.2(c)(1) which is administratively 
practicable and reasonably separable from the remainder of the plan. 
(See 29 CFR 1952.6(a).)

[40 FR 54782, Nov. 26, 1975, as amended at 67 FR 60128, Sept. 25, 2002]