[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Notices]
[Pages 25668-25671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12085]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Puerto Rico 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 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 August 30, 1977, notice was published in the Federal Register 
(42 FR 43628) of the approval of the Puerto Rico plan and the adoption 
of Subpart FF to Part 1952 containing the decision.
    The Puerto Rico plan provides for the adoption of Federal Standards 
as State standards by reference. Section 29 CFR 1953.20 provides that 
``where any alteration in the Federal program could have an adverse 
impact on the `at least effective as' status of the State program, a 
program change supplement to State plan shall be required.'' In 
response to Federal Standards changes, the State has submitted by 
letter dated May 28, 1992, from Artemio Andujar-Pabon, then Acting 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to James W. Stanley, Regional Administrator, standards 
comparable to, and incorporated as part of the state plan, Occupational 
Exposure to Bloodborne Pathogens; Final Rule, 29 CFR 1910, as published 
in the Federal Register (Volume 56 FR 64004-64182) of December 6, 1991.
    By letter dated December 15, 1993 from Walter M. Valdes-Roldan, 
then Assistant Secretary for the Puerto Rico

[[Page 25669]]

Occupational Safety and Health Office, to James W. Stanley, former 
Regional Administrator, standards comparable to, and incorporated as 
part of the state plan, Occupational Exposure to Lead, 29 CFR 1910, as 
published in the Federal Register (Volume 55 FR 4998-4999) of February 
13, 1990; Occupational Exposure to Hazardous Chemicals in Laboratories, 
29 CFR 1910, as published in the Federal Register (Volume 55 FR 7967) 
of March 6, 1990; Occupational Exposure to Formaldehyde, final rule, 29 
CFR 1910, as published in the Federal Register (Volume 57 FR 22290-
22328) of March 27, 1992; Occupational Exposure to Formaldehyde, 
Corrections, 29 CFR 1910, as published in the Federal Register (Volume 
57 FR 24701) of June 10, 1992; Permit-Required Confined Spaces, 29 CFR 
1910, as published in the Federal Register (Volume 58 FR 4462-4563) of 
January 14, 1993; Process Safety Management of Highly Hazardous 
Chemicals, Explosives, and Blasting Agents, final rule, 29 CFR 1910, as 
published in the Federal Register (Volume 57 FR 6336-6417) of February 
24, 1991; Process Safety Management of Highly Hazardous Chemicals, 
Explosives and Blasting Agents, Corrections, 29 CFR 1910, as published 
in the Federal Register (Volume 57 FR 7847) of March 4, 1992; 
Occupational Exposure to Asbestos, 29 CFR 1926, as published in the 
Federal Register (Volume 55 FR 3724-3732) of February 5, 1990; Safety 
Standards for Stairways and Ladders used in Construction Industry, 
Correction, 29 CFR 1926, as published in the Federal Register (Volume 
56 FR 2585 and Volume 56 FR 5061) of January 23, 1991 and February 7, 
1991; Occupational Exposure to Asbestos, Tremolite, Antrophyllite and 
Actinolite; final rule, 29 CFR 1910 and 1926, as published in the 
Federal Register (Volume 57 FR 24310-24330) of June 8, 1992.
    By letter dated March 15, 1994 from Walter M. Valdes-Roldan, then 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Patricia K. Clark, OSHA Regional Administrator, standards 
comparable to, and incorporated as part of the state plan, Occupational 
Exposure to Cadmium (CD), Approval of Information Collection 
Requirements, 29 CFR 1926, as published in the Federal Register (Volume 
57 FR 49272) of October 30, 1992; Occupational Exposure to Cadmium, 
Corrections, 29 CFR 1926, as published in the Federal Register (Volume 
58 FR 21778-21850) of April 23, 1993; Occupational Exposure to Lead in 
Construction, Approval of Information Collection Requirements, 29 CFR 
1926, as published in the Federal Register (58 FR 34218) of June 24, 
1993; and Incorporation of General Industry Safety and Health Standards 
Applicable to Construction Work, final rule and technical amendments, 
29 CFR 1926, as published in the Federal Register (58 FR 35076-35311) 
of June 30, 1993; and Incorporation of General Industry Safety and 
Health Standards Applicable to Construction Work, Corrections, 29 CFR 
1926, as published in the Federal Register (Volume 58 FR 40468) of July 
28, 1993.
    By letter dated May 20, 1994 from Walter M. Valdes-Roldan, then 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable to, and incorporated as part of the state plan, Air 
Contaminants, Corrections, 29 CFR 1910, as published in the Federal 
Register (Volume 57 FR 29204-29206) of July 1, 1992; Occupational 
Exposure to Bloodborne Pathogens, Corrections, 29 CFR 1910, as 
published in the Federal Register (Volume 57 FR 29206) of July 1, 1992; 
Control of Hazardous Energy Sources (Lockout/Tagout), final rule, 29 
CFR 1910, as published in the Federal Register (Volume 58 FR 16612-
16623) of March 30, 1993; and Occupational Exposure to Cadmium, 
Correction, 29 CFR 1910 and 1915, as published in the Federal Register 
(Volume 58 FR 21778-21850) of April 23, 1993; Occupational Exposure to 
Cadmium, final rule, 29 CFR 1926, as published in the Federal Register 
(Volume 57 FR 42102-42463) of September 14, 1992.
    By letter dated June 13, 1994 from Walter M. Valdes-Roldan, then 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable to, and incorporated as part of the state plan, Welding, 
Cutting and Brazing, final rule, 29 CFR 1910, as published in the 
Federal Register (Volume 59 FR 25093-25094) of June 20, 1990; Access to 
Employee Exposure and Medical Records, Clarification, 29 CFR 1910, as 
published in the Federal Register (Volume 55 FR 26431-26432) of June 
28, 1990; Air Contaminants, 29 CFR 1910, as published in the Federal 
Register (Volume 55 FR 52840-52841) of December 24, 1990; Occupational 
Exposure to Lead, as published in the Federal Register (Volume 56 FR 
24686) of May 31, 1991; Lead Exposure in Construction; Interim final 
rule, 29 CFR 1926, as published in the Federal Register (Volume 58 FR 
26590-26649) of May 4, 1993; Incorporation of General Industry Safety 
and Health Standards Applicable to Shipyard Employment, 29 CFR 1915, as 
published in the Federal Register (Volume 58 FR 35512-35718) of July 1, 
1993.
    By letter dated August 23, 1994 from Walter M. Valdes-Roldan, then 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable to, and incorporated as part of the state plan, Hazard 
Communication, final rule, 29 CFR 1910, 1915, 1917 and 1926, as 
published in the Federal Register (Volume 59 FR 6126-6184) of February 
9, 1994; Standard for Cadmium in Shipyard Employment and Construction 
Work: Reprint with Corrections and Technical Amendments, final rule, 29 
CFR 1915, and 1926, as published in the Federal Register (Volume 59 FR 
146-215) of January 3, 1994.
    By letter dated December 5, 1994 from Juan Morale-Ruiz, then Acting 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable to, and incorporated as part of the state plan, Personal 
Protective Equipment for General Industry, final rule, 29 CFR 1910, as 
published in the Federal Register (Volume 59 FR 16334-16364) of April 
6, 1994; and Electric Power Generation, Transmission and Distribution, 
Electrical Protective Equipment, final rule, 29 CFR 1910, as published 
in the Federal Register (Volume 59 FR 4320-4476) of January 31, 1994.
    By letter dated January 27, 1995 from Ameedee Emmanuelli, then 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable to, and incorporated as part of the state plan, Reporting 
Fatalities or Multiple Hospitalization Incidents, 29 CFR 1904, as 
published in the Federal Register (Volume 59 FR 15594-15600) of April 
1, 1994; Electric Power Generation, Transmission and Distribution, 
Electrical Protective Equipment, final rule, Stay of Enforcement and 
Correction, 29 CFR 1910, as published in the Federal Register (Volume 
59 FR 33658-33664) of June 30, 1994 and Occupational Exposure to 
Asbestos, final rule, 29 CFR 1910, 1915 and 1926, as published in the 
Federal Register (Volume 59 FR 40964-41158) of August 30, 1994; 
Confined and Enclosed Spaces and Other Dangerous Atmospheres in 
Shipyard Employment, final rule, 29 CFR 1915, as published in the 
Federal Register (Volume 59 FR 37816-37863) of August 30, 1994.

[[Page 25670]]

    By letter dated May 3, 1995 from Ameedee Emmanuelli, then Assistant 
Secretary for the Puerto Rico Occupational Safety and Health Office, to 
Jose A. Carpena, OSHA Puerto Rico Area Director, standards comparable 
to, and incorporated as part of the state plan, Personal Protective 
Equipment for General Industry, final rule, Corrections, 29 CFR 1910, 
as published in the Federal Register (Volume 59 FR 33910-33911) of July 
1, 1994; Retention of DOT Markings, Placards and Labels, 29 CFR 1910, 
1915, 1917, 1918, 1926 and 1928, as published in the Federal Register 
(Volume 59 FR 36695-36700) of July 19, 1994; and Safety Standards for 
Fall Protection in the Construction Industry, 29 CFR 1926, as published 
in the Federal Register (Volume 59 FR 40672-40753) of August 9, 1994.
    By letter dated November 3, 1995 from Luis E. Kolb-Ortiz, Acting 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable to, and incorporated as part of the state plan, Hazardous 
Waste Operations and Emergency Response, final rule, 29 CFR 1910 and 
1926, as published in the Federal Register (Volume 59 FR 43268-43280) 
of August 22, 1994; Logging Operations, final rule, 29 CFR 1910, and 
1926, as published in the Federal Register (Volume 59 FR 51672-51748) 
of October 12, 1994; Logging Operations, final rule, Partial Stay of 
Enforcement, 29 CFR 1910, as published in the Federal Register (Volume 
60 FR 7447-7449) as of February 8, 1995; and Permit-Required Confined 
Spaces, final rule, Technical Amendment to Preamble, 29 CFR 1910, as 
published in Federal Register (Volume 59 FR 55208-55209) of November 4, 
1994.
    By letter dated January 16, 1996 from Luis E. Kolb-Ortiz, Acting 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable to, and incorporated as part of the state plan, Occupational 
Exposure to Asbestos, Corrections, 29 CFR 1910, 1915, and 1926, as 
published in the Federal Register (Volume 60 FR 11194) of March 1, 
1995; Safety Standards for Fall Protection in the Construction 
Industry, final rule, 29 CFR 1926, as published in the Federal Register 
(Volume 60 FR 5131-5132) of January 26, 1995; Occupational Exposure to 
Asbestos, final rule, Extension of Start-Up Dates, 29 CFR 1915, as 
published in the Federal Register (Volume 60 FR 9624-9626) of February 
21, 1995; Confined and Enclosed Spaces and Other Dangerous Atmospheres 
in Shipyard Employment, 29 CFR 1915, as published in the Federal 
Register (Volume 60 FR 14218-14220) of March 16, 1995.
    By letter dated March 21, 1996 from Luis E. Kolb-Ortiz, Acting 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable to, and incorporated as part of the state plan, Occupational 
Exposure to Asbestos, final rule, Extension of Start-Up dates, 29 CFR 
1910, 1915 and 1926, as published in the Federal Register (Volume 60 FR 
33343-33346) of June 28, 1995; Occupational Exposure to Asbestos, 
Corrections, final rule, 29 CFR 1910, 1915 and 1926, as published in 
the Federal Register (Volume 60 FR 33974-34002) of June 29, 1995; 
Safety standards for Fall Protection in the Construction Industry, 
final rule, 29 CFR 1926, as published in the Federal Register (Volume 
60 FR 39254-39256) of August 2, 1995; Permit-Required Confined Spaces, 
29 CFR 1910, as published in the Federal Register (Volume 60 FR 26114-
26116) of May 19, 1995; Occupational Exposure to Asbestos, 29 CFR 1910 
and 1926, as published in the Federal Register (Volume 55 FR 3724-3732) 
of February 5, 1990; and Safety Standards for Stairways and Ladders 
used in Construction Industry, Correction, 29 CFR 1926, as published in 
the Federal Register (Volume 56 FR 2585 and Volume 56 FR 5061) of 
January 23, 1991 and February 7, 1991.
    By letter dated May 28, 1996 from Luis E. Kolb-Ortiz, Acting 
Assistant Secretary for the Puerto Rico Occupational Safety and Health 
Office, to Jose A. Carpena, OSHA Puerto Rico Area Director, standards 
comparable, and incorporated as part of the state plan, Occupational 
Exposure to Lead, final rule, Amendments, 29 CFR 1910, as published in 
the Federal Register (Volume 60 FR 52856-52859) of October 11, 1995; 
Occupational Standards to Asbestos in Construction, final rule, 
Amendments, 29 CFR 1926, as published in the Federal Register (Volume 
60 FR 50411-50413) of September 29, 1995; and Occupational Standards to 
Asbestos in Maritime, Amendments, final rule, 29 CFR 1915, as published 
in the Federal Register (Volume 60 FR 50411-50413) of September 29, 
1995.
    These standards which are contained in the Puerto Rico Regulations, 
Number Two (equivalent to 1904), Number Four (equivalent to 29 CFR 
1910), Number Ten (equivalent to 29 CFR 1926), Number Eleven 
(equivalent to 29 CFR 1928) and Number 12 (equivalent to 29 CFR 1915, 
1916, 1917, 1918) , were promulgated by resolutions adopted by the 
Puerto Rico Department of Labor and Human Resources on December 16, 
1991, August 25, 1992, May 26, 1992, October 6, 1992, April 14, 1993, 
September 30, 1993, December 9, 1993, March 23, 1994, June 21, 1994, 
September 29, 1994, January 18, 1995, May 30, 1995, November 13, 1995, 
December 13, 1995, February 21, 1996 and February 28, 1996, pursuant to 
the Puerto Rico Act Number 16 and Chapter 52 of the Puerto Rico Rules 
and Regulations Act of 1958.

2. Decision

    OSHA has determined that the State's standards are identical to the 
comparable Federal standards, and therefore approves the standards.

3. Location of supplement for inspection and copying

    A copy of the standard supplement, along with the approved plan, in 
english and spanish may be inspected and copied during normal business 
hours at the following locations: Occupational Safety and Health 
Administration, Puerto Rico Area Office, BBV Plaza, Suite 5-B, 1510 
F.D. Roosevelt Avenue, Guaynabo, Puerto Rico, 00968; Puerto Rico 
Department of Labor and Human Resources, Prudencio Rivera Martinez 
Bldg., Munoz Rivera Avenue 505, Hato Rey, Puerto Rico 00918; and the 
Directorate of Federal-State Operations, Room N3700, 200 Constitution 
Avenue, N.W., Washington, D.C. 20210. For electronic copies of this 
Federal Register notice, contact OSHA's Web Page at http://
www.osha.gov/.

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 Puerto Rico State Plan as a proposed change and 
making the Regional Administrator's approval effective upon publication 
for the following reasons:
    1. The standards are identical to the Federal standards which were 
promulgated in accordance with Federal law meeting requirements for 
public participation.
    2. The standards were adopted in accordance with the procedural 
requirement of State Law and further participation would be 
unnecessary.
    The decision is effective (Sec. 18 Pub. L. 91-596, 84 Stat. 1608 
(29 U.S.C. 667)) April 16, 1997.


[[Page 25671]]


    Signed at New York City, New York, this 16th day of April 1997.
Patricia K. Clark,
Regional Administrator.
[FR Doc. 97-12085 Filed 5-8-97; 8:45 am]
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