[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: 29CFR1905.14]

[Page 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. 1905.14  Action on applications.

    (a) Defective applications. (1) If an application filed pursuant to 
Sec. 1905.10(a), Sec. 1905.11(a), Sec. 1905.12(a), or Sec. 1905.13 
does not conform to the applicable section, the Assistant Secretary may 
deny the application.
    (2) Prompt notice of the denial of an application shall be given to 
the applicant.
    (3) A notice of denial shall include, or be accompanied by, a brief 
statement of the grounds for the denial.
    (4) A denial of an application pursuant to this paragraph shall be 
without prejudice to the filing of another application.
    (b) Adequate applications. (1) If an application has not been denied 
pursuant to paragraph (a) of this section, the Assistant Secretary shall 
cause to be published in the Federal Register a notice of the filing of 
the application.
    (2) A notice of the filing of an application shall include:
    (i) The terms, or an accurate summary, of the application;
    (ii) A reference to the section of the Act under which the 
application has been filed;
    (iii) An invitation to interested persons to submit within a stated 
period of time written data, views, or arguments regarding the 
application; and
    (iv) Information to affected employers, employees, and appropriate 
State authority having jurisdiction over employment or places of 
employment covered in the application of any right to request a hearing 
on the application.
    (3) Where the requested variance, or any proposed modification or 
extension thereof, involves a Federal standard, or any portion thereof, 
identical to a State standard, or any portion thereof, as provided in 
Sec. Sec. 1905.10(b)(11) and 1905.11(b)(8) of this chapter, the 
Assistant Secretary will promptly furnish a copy of the application to 
the appropriate State authority and provide an opportunity for comment, 
including the opportunity to participate as a party, on the application 
by such authority, which shall be taken into consideration in 
determining the merits of the proposed action.
    (4) A copy of each final decision of the Assistant Secretary with 
respect to an application filed under Sec. 1905.10, Sec. 1905.11, or 
Sec. 1905.13 shall be furnished, within 10 days of issuance, the State 
authorities having jurisdiction over the employment or place of 
employment covered in the application.

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

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