[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Notices]
[Page 47195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22826]


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DEPARTMENT OF LABOR
Occupational Safety and Health Administration


Vermont 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 
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 letters dated July 26, 1995, 
August 7, 1995, and September 5, 1995, from Mary S. Hooper, 
Commissioner, Vermont Department of Labor and Industry, and by letters 
dated January 22, 1996, and June 4, 1996, from Paul Harrington, Deputy 
Commissioner, Vermont Department of Labor and Industry, to Mr. John T. 
Phillips, Regional Administrator, and incorporated as part of the plan, 
the State submitted an updated State standard standards identical to 29 
CFR parts 1910, 1915, 1917, 1918, 1926 and 1928, and subsequent 
amendments thereto, as described below:
    (1) Addition to 29 CFR parts 1910, 1915, 1917, 1918, 1926 and 1928, 
Retention of DOT Markings, Placards, and Labels, Final Rule, (59 FR 
36695, July 19, 1994).
    (2) Revision to 29 CFR parts 1910, 1915 and 1926, Occupational 
Exposure to Asbestos, Final Rule, (59 FR 41057, August 10, 1994, and 59 
FR 9624, February 21, 1994).
    (3) Revision to 29 CFR parts 1910 and 1926, Hazardous Waste 
Operations and Emergency Response; Final Rule, (59 FR 43268, August 22, 
1994).
    (4) Addition to 29 CFR parts 1915 and 1926, Standard for Cadmium in 
Shipyard Employment and in Construction Work; Reprint With Corrections 
and Technical Amendments; Final Rule, (59 FR 146, January 3, 1994).
    (5) Revision to 29 CFR parts 1910, 1915, 1917, 1918, 1926 and 1928, 
Hazard Communication; Final Rule, (59 FR 6169, February 9, 1994).
    (6) Addition to 29 CFR parts 1910 and 1928, Logging Operations; 
Final Rule (59 FR 51741, October 12, 1994); and Corrections and 
Technical Amendments (59 FR 47022, September 8, 1995).
    (7) Amendment to 29 CFR Parts 1910, 1915 and 1926, Occupational 
Exposure to Asbestos; Corrections; Final Rule (60 FR 33974, June 29, 
1995).
    These standards became effective on July 11, 1995, July 10, 1995, 
March 13, 1995, September 23, 1995, February 3, 1996, and February 19, 
1996, respectively, pursuant to Section 224 of Vermont State Law.

2. Decision

    Having reviewed the State's submissions in comparison with the 
Federal standards, it has been determined that the State's standards 
are identical to the Federal standards and, accordingly, are 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, John F. 
Kennedy Federal Building, Room E-340, Boston, Massachusetts 02203; 
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, D.C. 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 September 6, 1996.

    Authority: Sec. 18, Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 
667).

    Signed at Boston, Massachusetts, this 19th day of July 1996.
John T. Phillips,
Regional Administrator.
[FR Doc. 96-22826 Filed 9-5-96; 8:45 am]
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