[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4229]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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DEPARTMENT OF LABOR
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 0 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 0 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]
BILLING CODE 4510-26-M
