Supplement to California Plan; Extension of Comment Period

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1952

Supplement to California Plan; Extension of Comment Period

AGENCY: Occupational Safety and Health Administration (OSHA),

Department of Labor.

ACTION: Extension of comment period.

-----------------------------------------------------------------------

SUMMARY: On September 13, 1996, OSHA published a notice requesting

comments on the California State standard on hazard communication,

which incorporates Proposition 65, the Safe Drinking Water and Toxic

Enforcement Act (61 FR 48443). OSHA requested that comments be filed by

November 12, 1996. OSHA has received a number of requests for extension

of the comment period. In response to these requests, OSHA is extending

the comment period for two weeks, until November 26, 1996.

DATES: Written comments and requests for an informal hearing may be

filed with the OSHA Docket Office by November 26, 1996.

ADDRESSES: Comments should be submitted in quadruplicate to Docket T-

032, Docket Office, Room N-2625, U.S. Department of Labor, OSHA, 200

Constitution Avenue, N.W., Washington, DC 20210. Comments under 10

pages long may be sent by telefax to the Docket Office at 202-219-55046

but must be followed by a mailed submission in quadruplicate. Written

submissions must clearly identify the issues which are addressed and

the position taken with respect to each issue. The State will be given

an opportunity to respond to the public comments. Interested persons

may request an informal hearing concerning OSHA's consideration of the

plan change. Such requests also must be received on or before November

26, 1996 and should be submitted in quadruplicate to the Docket Office,

Docket T-032, at the address noted above.

FOR FURTHER INFORMATION CONTACT: Ann Cyr, Acting Director, Office of

Information and Consumer Affairs, Occupational Safety and Health

Administration, U.S. Department of Labor, Room N-3647, 200 Constitution

Avenue, N.W., Washington, DC 20210. Telephone: (202) 219-8148.

SUPPLEMENTARY INFORMATION: States with approved occupational safety and

health plans under section 18 of the Occupational Safety and Health Act

of

[[Page 58359]]

1970 (29 U.S.C. 667) are required to enforce standards which are at

least as effective as those promulgated and enforced by Federal OSHA.

In addition, any standards which are applicable to products which are

distributed or used in interstate commerce must be required by

compelling local conditions and must not unduly burden interstate

commerce. States may enforce their standards under authority of State

law while they are under review by Federal OSHA.

OSHA is reviewing the California hazard communication standard,

which incorporates the Safe Drinking Water and Toxic Enforcement Act.

Public comment is being sought by OSHA on the following issues.

1. Whether the California standard and its enforcement are ``at

least as effective'' as the corresponding Federal standard and

enforcement.

2. Whether the California standard:

(a) Is applicable to products which are distributed or used in

interstate commerce;

(b) If so, whether it is required by compelling local conditions;

and

(c) Unduly burdens interstate commerce.

OSHA has received a number of requests for a 30 or 60 day extension

of the original 60-day comment period. The Statement of Managers' in

the 1997 Omnibus Spending Bill and Immigration Agreement directed OSHA

`` * * * to expedite its review and approval or rejection of

California's hazard communication/proposition 65 standard, and to

provide a report to the Appropriations Committees on this matter, by no

later than January 1, 1997.'' In light of this Congressional direction,

OSHA is granting the request for an extension, but for a more limited

period of two additional weeks, until November 26, 1996.

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part

1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).

Signed this 8th day of November, 1996 in Washington, D.C.

Joseph A. Dear,

Assistant Secretary.

[FR Doc. 96-29288 Filed 11-13-96; 8:45 am]

BILLING CODE 4510-26-P