[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]



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 
    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 
    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 
    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 

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. 

    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]