• Publication Date:
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  • Title:
    Maryland State Standards; Approval

1. Background - Part 1953 of title 29, Code of Federal Regulations, prescribes procedures under section 18 of the Occupational Safety and Health Act of 1970 (hereinafter called the Act) by which the Regional Administrator for Occupational Safety and Health Administration (hereinafter called the Regional Administrator) under a delegation of authority from the from the Assistant Secretary Labor for Occupational Safety and of Health (hereinafter called the Assistant Secretary) (29 CFR 1953.4), will review and approve standards promulgated pursuant to a State plan which has been approved in accordance with section 18(c) of the Act and 29 CFR part 1902. On July 5, 1973, notice was published in the Federal Register (38 FR 17834) of the approval of the Maryland State plan and the adoption of subpart O to part 1952 containing the decision. The Maryland State Plan provides for the adoption of all Federal standards as State standards after comments and public hearing. Section 1952.210 of subpart O sets forth the State''s schedule for the adoption of Federal standards. By letter dated July 12, 1993, from Commissioner Henry Koellein, Jr., Maryland Division of Labor and Industry, to Linda R. Anku, Regional Administrator, and incorporated as part of the plan, the State submitted State standards identical to: (1) 29 CFR 1910.146, pertaining to Permit-Required Confined Spaces for General Industry, as published in the Federal Register of January 14, 1993 (58 FR 4549); and (2) revisions to 29 CFR 1910.110(d)(11), pertaining to Storage and Handling of Liquefied Petroleum Gases, as published in the Federal Register of March 19, 1993 (58 FR 15089). These standards are contained in COMAR 09.12.31. Maryland''s standard for Permit-Required Confined Spaces for General Industry was promulgated after a public hearing on March 3, 1993. The revision to the standard for Storage and Handling of Liquefied Petroleum Gases was adopted by reference and no public hearing was required. These standards became effective on July 5, 1993. 2. Decision - Having reviewed the State submissions in comparison with the Federal standards, it has been determined that the State standards are identical to the Federal standards and, accordingly, are approved. 3. Location of the Supplements for Inspection and Copying - A copy of the standards supplements, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, 3535 Market Street, suite 2100, Philadelphia, Pennsylvania 19104; Office of the Commissioner of Labor and Industry, 501 St. Paul Place, Baltimore, Maryland 21202; and the OSHA Office of State Programs, U.S. Department of Labor, room N3700, 3rd Street and Constitution Avenue, NW., Washington, DC 20210. 4. Public Participation - Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe alternative procedures to expedite the review process or for other good cause which may be consistent with applicable laws. The Assistant Secretary finds that good cause exists for not publishing the supplement to the Maryland State plan as a proposed change and making the Regional Administrator''s approval effective upon publication for the following reasons: a. The standard is identical to the Federal standard which was promulgated in accordance with Federal law including meeting requirements for public participation. b. The standard was adopted in accordance with the procedural requirements of State law and further participation would be unnecessary. This decision is effective August 31, 1993. (Sec 18. Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667)) Signed at Philadelphia, Pennsylvania, this 27th day of July, 1993. Richard Soltan, Deputy Regional Administrator. [FR Doc. 93-21128 Filed 8-30-93; 8:45 am]