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 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]