[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: 29CFR1905.13]

[Page 69-70]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1905_RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, 
 
     Subpart B_Applications for Variances, Limitations, Variations, 
                 Tolerances, Exemptions and Other Relief
 
Sec. 1905.13  Modification, revocation, and renewal of rules or orders.

    (a) Modification or revocation. (1) An affected employer or an 
affected employee may apply in writing to the Assistant Secretary of 
Labor for Occupational Safety and Health for a modification or 
revocation of a rule or order issued under section 6(b) (6) (A), 6(d), 
or 16 of the Act. The application shall contain:
    (i) The name and address of the applicant;
    (ii) A description of the relief which is sought;
    (iii) A statement setting forth with particularity the grounds for 
relief;
    (iv) If the applicant is an employer, a certification that the 
applicant has informed his affected employees of the application by:
    (a) Giving a copy thereof to their authorized representative;
    (b) Posting at the place or places where notices to employees are 
normally posted, a statement giving a summary of the application and 
specifying where a copy of the full application may be examined (or, in 
lieu of the summary, posting the application itself); and
    (c) Other appropriate means.
    (v) If the applicant is an affected employee, a certification that a 
copy of the application has been furnished to the employer; and
    (vi) Any request for a hearing, as provided in this part.
    (2) The Assistant Secretary may on his own motion proceed to modify 
or revoke a rule or order issued under section 6(b) (6) (A), 6(d), or 16 
of the Act. In such event, the Assistant Secretary

[[Page 70]]

shall cause to be published in the Federal Register a notice of his 
intention, affording interested persons an opportunity to submit written 
data, views, or arguments regarding the proposal and informing the 
affected employer and employees of their right to request a hearing, and 
shall take such other action as may be appropriate to give actual notice 
to affected employees. Any request for a hearing shall include a short 
and plain statement of:
    (i) How the proposed modification or revocation would affect the 
requesting party; and
    (ii) What the requesting party would seek to show on the subjects or 
issues involved.
    (b) Renewal. Any final rule or order issued under section 6(b) (6) 
(A) or 16 of the Act may be renewed or extended as permitted by the 
applicable section and in the manner prescribed for its issuance.
    (c) Multi-state variances. Where a Federal variance has been granted 
with multi-state applicability, including applicability in a State 
operating under a State plan approved under section 18 of the Act, from 
a standard, or portion thereof, identical to a State standard, or 
portion thereof, without filing the information required in Sec. 
1905.10(b)(11) or Sec. 1905.11(b)(8) of this chapter, such variance 
shall likewise be deemed an authoritative interpretation of the 
employer(s)' compliance obligations with regard to the State standard, 
or portion thereof, upon filing the information required under Sec. 
1905.10(b)(11) or Sec. 1905.11(b)(8) of this chapter, provided no 
objections of substance are found to be interposed by the State 
authority under Sec. 1905.14 of this chapter.

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]