[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]
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