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• Publication Date: 03/09/1995
• Publication Type: Notice
• Fed Register #: 60:12985-12986
• Title: Maryland State Standards; Notice of Approval

DEPARTMENT OF LABOR

Maryland State Standards; Notice of 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 September 9 and October 7, 1994, from Henry Koellein, Jr., Commissioner of the 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) Amendments, corrections, additions and revisions to 29 CFR 1910.132, 1910.133, 1910.136, and 1910.138, pertaining to the Personal Protective Equipment Standard for General Industry, as published in the Federal Register of April 6, 1994 (59 FR 16360); (2) amendments, corrections, and additions to 29 CFR 1910.146, pertaining to the Permit-Required Confined Spaces Standard for General Industry, as published in the Federal Register of May 19, 1994 (59 FR 26115); and (3) an amendment to 29 CFR 1926.62, pertaining to the Lead in Construction Standard for the Construction Industry, as published in the Federal Register of May 4, 1993 (58 FR 26627). These standards are contained in COMAR 09.12.31. Maryland Occupational Safety and Health Standards were promulgated after public hearings on April 15 and July 22, 1994. These standards became effective on August 29 and September 26, 1994, respectively.

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 191204; 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 supplements to the Maryland State plan as proposed changes the making the Regional Administrator's approval effective upon publication for the following reasons:

a. The standards are identical to the Federal standards which were promulgated in accordance with Federal law including meeting the requirements for public participation.

b. The standards were adopted in accordance with the procedural requirements of State law and further participation would be unnecessary.

This decision is effective March 9, 1995.

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

Signed at Philadelphia, Pennsylvania, this 26th day of January 1995.

Linda R. Anku,
Regional Administrator.

[FR Doc. 95-5776 Filed 3-8-95; 8:45 am]


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