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]