[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: 29CFR1902.36]

[Page 20-21]
 
                             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. 1902.36  General provisions.

    (a) In making his evaluation of the actual operations of a State's 
plan for the purposes of an 18(e) determination, the Assistant Secretary 
shall consider all relevant data which will aid him in making an 
effective determination. In his evaluation he shall consider whether the 
requirements of section 18(c) of the Act and the criteria for State 
plans outlined in subpart B of this part as well as those in Sec. 
1902.37 are being applied in actual operations for a reasonable period 
of time in a manner which warrants the termination of concurrent Federal 
enforcement authority and standards in issues covered under the plan.
    (b) The Assistant Secretary's evaluation for an 18(e) determination 
will be addressed to consideration of whether the criteria and indices 
in Sec. 1902.37(a) are being applied by the State in such a manner as 
to render its program in operation at least as effective as operations 
under the Federal program. In considering the question of such 
application, the Assistant Secretary shall also consider the factors 
provided

[[Page 21]]

under Sec. 1902.37(b). The Assistant Secretary's evaluation may include 
such other information on the application of the criteria and indices in 
Sec. 1902.37 such as information developed from comments received from 
the public and the results of any hearings which may have been held 
under Sec. 1902.40 concerning the proposed 18(e) determination.