Maryland State Standards; Approval

DEPARTMENT OF LABOR

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 letters dated January 3, 1994, 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:

(1) Revisions to 29 CFR 1910.1000, pertaining to the Air

Contaminants Standard for General Industry, as published in the Federal

Register of June 30, 1993 (58 FR 35340); (2) a correction to 29 CFR

1910.1000, pertaining to the Air Contaminants Standard for General

Industry, as published in the Federal Register of July 27, 1993 (58 FR

40191); (3) a compilation of the text of all standards set forth at 29

CFR part 1926, Construction Industry Standards, as published in the

Federal Register of June 30, 1993 (58 FR 35077); (4) amendments and a

correction to 59 CFR 1926, Construction Industry Standards, as

published in the Federal Register of July 30, 1993 (58 FR 35077); (4)

amendments and a correction to 29 CFR 1926, Construction Industry

Standards, as published in the Federal Register of July 28, 1993 (58 FR

40468); (5) amendments, corrections, additions and revisions to 29 CFR

part 146, Permit-Required Confined Spaces for General Industry, as

published in the Federal Register of June 29, 1993 (58 FR 34845); and

(6) amendments, corrections, additions and revisions to 29 CFR part

1910, Standards for General Industry, and 29 CFR part 1926, Standards

for Construction Industry, as published in the Federal Register of June

30, 1993 (58 FR 35308). These standards are contained in COMAR

09.12.31. Maryland Occupational Safety and Health Standards were

promulgated after a public hearing on October 15, 1993. These standards

became effective on December 20, 1993.

2. Decision--Having reviewed the State submission in comparison

with the Federal standards, it has been determined that the State

standards are identical to the Federal standards and, accordingly, are

approved.

3. Location of the Supplements for Inspection and Copying

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, 3525 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.

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

667).

Signed at Philadelphia, Pennsylvania, this 14th day of January

1994.

Linda R. Anku,

Regional Administrator.

[FR Doc. 94-4228 Filed 2-24-94; 8:45 am]

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