Subpart D
Under 1902.46(a) the procedures apply whenever the Assistant Secretary determines that a State's plan or any separable portion of it has not met the criteria for an affirmative 18(e) determination.
Under 1902.46(b) the Assistant Secretary retains standards authority under section 6 of the Act and enforcement authority under sections 5(a)(2), 8, 9, 10, 13, and 17 of the Act for the issues covered by the negatively determined portions of the State plan.
Under 1902.46(c) a negative 18(e) decision can result in the commencement of proceedings to withdraw approval of the State plan or any separable portion pursuant to part 1955 of this chapter.
Under 1902.46(d) the Assistant Secretary may, at his discretion, give the State a reasonable time to meet the criteria for an affirmative 18(e) determination before initiating withdrawal proceedings.
Under 1902.46(d)(1) the Assistant Secretary must notify the agency the State has designated to administer its program, and will generally give the State not less than 1 year to meet the criteria for an affirmative 18(e) determination.
Under 1902.46(d)(2) the Assistant Secretary shall publish a notice in the FEDERAL REGISTER outlining the reasons for not making an affirmative 18(e) determination at that time.
Under 1902.46(d)(3) the State shall be afforded an opportunity to agree to the conditions the Assistant Secretary sets as part of his decision.
Under 1902.46(d)(4) upon the expiration of the time granted to the State, the Assistant Secretary may initiate proceedings to determine whether the State shall be granted an affirmative 18(e) determination, using the procedures outlined in the subpart.
Under 1902.46 the term 'separable portion' means parts of a State plan can be evaluated and determined independently, so a negative 18(e) determination may apply only to specific program elements rather than the entire plan.
Under 1902.46(b) the Assistant Secretary compares actual State operations to the criteria for an affirmative determination set forth in 1902.37 to decide if the State meets the 18(e) requirements.
Under 1902.46(d)(2) the Federal Register notice will outline the Assistant Secretary's reasons for the negative 18(e) determination and will state the reasonable time granted the State to meet the criteria, along with any conditions for continuation of the plan.
Under 1902.46(d) the Assistant Secretary may set such conditions as he deems proper for the continuation of the State's plan or portions subject to a negative 18(e) determination.
Under 1902.46(d)(1) the Assistant Secretary generally gives not less than 1 year, but the rule allows discretion so the actual reasonable time may be longer or tailored to the situation.
Under 1902.46(c) and 1902.46(d)(4) the Assistant Secretary may initiate withdrawal proceedings pursuant to part 1955 of this chapter, and the procedures outlined in this subpart will apply to those proceedings.
Under 1902.46(d)(1) the Assistant Secretary must notify the agency the State has designated to administer its occupational safety and health program within the State.
Under 1902.46(b) a negative 18(e) determination does not automatically remove federal enforcement authority; the Assistant Secretary retains federal enforcement and standards authority for the negatively determined issues, so federal oversight continues unless otherwise specified.
Under 1902.46(d)(3) if a State agrees to the Assistant Secretary's conditions, those terms become part of the arrangement for continuation of the State's plan while the State uses the granted time to meet the affirmative 18(e) criteria.
Under 1902.46(d)(4) the procedures outlined in this subpart are the ones applicable to any proceedings the Assistant Secretary initiates to determine whether the State shall be granted an affirmative 18(e) determination after the expiration of the time allowed.