[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5012]
[[Page Unknown]]
[Federal Register: March 4, 1994]
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DEPARTMENT OF LABOR
Vermont 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
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 October 16, 1973, notice was published in the
Federal Register (38 FR 28658) of the approval of the Vermont State
Plan and the adoption of subpart U to part 1952 containing the
decision.
The Vermont State Plan provides for the adoption of Federal
standards as State standards after:
a. Publishing for two (2) successive weeks, in three (3) newspapers
having general circulation in the center, northern and southern parts
of the State, an intent to amend the State Plan by adopting the
standard(s).
b. Review of standards by the Interagency Committee on
Administrative Rules, State of Vermont.
c. Approval by the Legislative Committee on Administrative Rules,
State of Vermont.
d. Filing in the Office of the Secretary of State, State of
Vermont.
e. The Secretary of State publishing, not less than quarterly, a
bulletin of all standard(s) adopted by the State.
The Vermont State Plan provides for the adoption of State standards
which are at least as effective as comparable Federal standards
promulgated under section 6 of the Act. By letter dated December 2,
1993, from Barbara G. Ripley, Commissioner, Vermont Department of Labor
and Industry, to John B. Miles, Jr., Regional Administrator; and
incorporated as part of the plan, the State submitted updated State
standards identical to 29 CFR parts 1910, 1915, 1926 and 1928, and
subsequent amendments thereto, as described below:
(1) Correction to 29 CFR parts 1910, 1915, 1926 and 1928,
Occupational Exposure to Cadmium; Correction; Final Rule (58 FR 21778,
dated 4/23/93).
(2) Amendment and addition to 29 CFR 1926.62, Lead Exposure in
Construction, Interim Final Rule (58 FR 26627, dated 5/4/93).
These standards became effective on November 19, 1993, pursuant to
section 224 of State Law.
2. Decision
The above State standards have been reviewed and compared with the
relevant Federal standard. It has been determined that the State
standard is identical to the Federal standard, and is accordingly
approved.
3. Location of Supplement 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, 133 Portland
Street, Boston, Massachusetts 02114; Office of the Commissioner, State
of Vermont, Department of Labor and Industry, 120 State Street,
Montpelier, Vermont, 05602; and the Office of State Programs, 200
Constitution Avenue, NW., room N-3700, 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 Vermont State Plan as a proposed change and making
the Regional Administrator's approval effective upon publication for
the following reason:
1. The standards were adopted in accordance with the procedural
requirements of the State Law which included public comment, and
further public participation would be repetitious.
This decision is effective March 4, 1994.
Authority: Sec. 18, Public Law 91-596, 84 Stat. 1608 (29 U.S.C.
667).
Signed at Boston, Massachusetts, this 3rd day of January, 1994.
John B. Miles, Jr.,
Regional Administrator.
[FR Doc. 94-5012 Filed 3-3-94; 8:45 am]
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