[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: 29CFR1902.35]

[Page 20]
 
                             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. 1902.35  Effect of certification.

    Publication of the certification acknowledging the completion of all 
of the developmental steps in a State's plan will automatically initiate 
the evaluation of a State's plan for the purposes of an 18(e) 
determination. Evaluation for the purposes of an 18(e) determination 
will continue for at least one year after the publication of the 
certification in the Federal Register. Federal enforcement authority 
under sections 5(a)(2), 8, 9, 10, 11(c), 13, and 17 of the Act and 
Federal standards authority under section 6 of the Act will not be 
relinquished during the evaluation period. Evaluation conducted for 
18(e) determination purposes will be based on the criteria set forth in 
Sec. Sec. 1902.37 and 1902.38.

                     Basis for 18(e) Determinations