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• Publication Date: 09/21/1994
• Publication Type: Notice
• Fed Register #: 59:48453-48454
• Title: Maryland State Standards; Approval

DEPARTMENT OF LABOR

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 May 16 and July 25, 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 amendments, corrections, and revisions to: (1) 29 CFR 1926.63, pertaining to the Occupational Exposure to Cadmium Standard for the Construction Industry as published in the Federal Register of January 3, 1994 (59 FR 1920); (2) 29 CFR 1910.1200, including Appendices A through D, pertaining to the Hazard Communication Standard as published in the Federal Register of February 9, 1994 (59 FR 6169); and (3) 29 CFR 1910.269, including Appendices A through E, pertaining to the Electronic Power Generation, Transmission and Distribution Standard and related changes to 29 CFR 1910.37, 1910.331, and 1910.333 as published in the Federal Register of January 31, 1994 (59 FR 4435). These standards are contained in COMAR 09.12.31. Maryland occupational safety and health standards were promulgated after public hearings on March 4 and June 15, 1994. The Cadmium Standard became effective on May 9, 1994, and the Hazard Communication and Electric Power Generation, Transmission and Distribution standards became effective on July 4, 1994.

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 September 21, 1994.

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

Signed at Philadelphia, Pennsylvania, this 2nd day of August 1994.

Linda R. Anku,
Regional Administrator.

[FR Doc. 94-23346 Filed 9-20-94; 8:45 am]


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