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• Publication Date: 02/25/1994
• Publication Type: Notice
• Fed Register #: 59:9250-9251
• Title: Maryland State Standards Approval.

Occupational Safety and Health Administration

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 (hereinafter called the Regional Administrator) under a delegation of authority from the Assistant Secretary of Labor for Occupational Safety and 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 October 13, 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: 29 CFR 1910.1027, pertaining to an amendment to the Cadmium Standards for General Industry, as published in the Federal Register of April 23, 1993 (58 FR 21790), 29 CFR 1926.63 pertaining to an amendment to the Cadmium Standard of Construction as published in the Federal Register of April 23, 1993 (58 FR 21787), and 29 CFR 1928. 1027 pertaining to the Cadmium Standard for Agriculture as published in the Federal Register of April 23, 1993 (58 FR 21787). These standards are contained in COMAR 09.12.31. Maryland Occupational Safety and Health Standard was promulgated after a public hearing on August 10, 1993. This standard was effective on September 13, 1993.

2. Decision - Having reviewed the State submissions in comparison with the Federal standards, it has been determined that the State standard 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 at the following locations during normal business hours: 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, room N-3700, Third 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 February 25, 1994.

(Sec. 18, Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667))

Signed at Philadelphia, Pennsylvania, this 28th day of October 1993.

Richard Soltan,

Deputy Regional Administrator.

[FR Doc. 94-4229 Filed 2-24-94; 8:45 am]

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 (hereinafter called the Regional Administrator) under a delegation of authority from the Assistant Secretary of Labor for Occupational Safety and 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 letters dated January 3, 1994, 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) Revisions to 29 CFR 1910.1000, pertaining to the Air Contaminants Standard for General Industry, as published in the Federal Register of June 30, 1993 (58 FR 35340); (2) a correction to 29 CFR 1910.1000, pertaining to the Air Contaminants Standard for General Industry, as published in the Federal Register of July 27, 1993 (58 FR 40191); (3) a compilation of the text of all standards set forth at 29 CFR part 1926, Construction Industry Standards, as published in the Federal Register of June 30, 1993 (58 FR 35077); (4) amendments and a correction to 59 CFR 1926, Construction Industry Standards, as published in the Federal Register of July 30, 1993 (58 FR 35077); (4) amendments and a correction to 29 CFR 1926, Construction Industry Standards, as published in the Federal Register of July 28, 1993 (58 FR 40468); (5) amendments, corrections, additions and revisions to 29 CFR part 146, Permit-Required Confined Spaces for General Industry, as published in the Federal Register of June 29, 1993 (58 FR 34845); and (6) amendments, corrections, additions and revisions to 29 CFR part 1910, Standards for General Industry, and 29 CFR part 1926, Standards for Construction Industry, as published in the Federal Register of June 30, 1993 (58 FR 35308). These standards are contained in COMAR 09.12.31. Maryland Occupational Safety and Health Standards were promulgated after a public hearing on October 15, 1993. These standards became effective on December 20, 1993.

2. Decision - Having reviewed the State submission 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 at the following locations during normal business hours: Office of the Regional Administrator, 3525 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, room N-3700, Third 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 February 25, 1994.

Authority: Sec. 18, Pub. L. 9109596, 84 Stat. 1608 (29 U.S.C. 667).

Signed at Philadelphia, Pennsylvania, this 14th day of January 1994.

Linda R. Anku,

Regional Administrator.

[FR Doc. 94-4228 Filed 2-24-94; 8:45 am]


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