[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Notices]
[Pages 12985-12986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5776]



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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. [[Page 12986]] 

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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