DEPARTMENT OF LABOR

Occupational Safety and Health Administration

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 1593.4), 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 O 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 O sets forth the State's schedule for the adoption of Federal standards. By letters dated (1) August 28, 1995; (2) February 15, 1996; (3) February 23, 1996; (4) February 28, 1996; (5 and 6) August 23, 1996; (7 and 8) January 6, 1997; and (9 and 10) February 13, 1997 from John P. O'Connor, Commissioner of the 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 amendments, corrections, and revisions to: (1) 29 CFR 1910.1011 and 1910.1000, pertaining to the Occupational Exposure to Asbestos Standard, as published in the Federal Register of February 21, 1995 (60 FR 9624), June 28, 1995 (60 FR 33344), June 29, 1995 (60 FR 33984), July 13, 1995 (60 FR 36043) and September 29, 1995 (60 FR 50411); (2) 29 CFR part 1926, subpart E, and 29 CFR 1926.500, pertaining to the Safety Standards for Fall Protection in the Construction Industry, as published in the Federal Register of August 2, 1995 (60 FR 39255); (3) 29 CFR 1910.266, Safety Standards for Logging Operations, as published in the Federal Register of September 8, 1995 (60 FR 47035); (4) 29 CFR 1910.1025, pertaining to the Occupational Exposure to Lead Standard for General Industry, as published in the Federal Register of October 11, 1995 (60 FR 52858); (5) 29 CFR 1910, 1926 and 1928, pertaining to Miscellaneous Minor and Technical Amendments to OSHA Standards, as published in the Federal Register of March 7, 1996 (61 FR 9230); (6) 29 CFR 1910.272, pertaining to Grain Handling Facilities, as published in the Federal Register of March 8, 1996 (61 FR 9583); (7) 29 CFR 1910.133, 1910.135 and 1910.136, pertaining to Personal Protective Equipment for General Industry, as published in the Federal Register of May 2, 1996 (61 FR 19548) and May 9, 1996 (61 FR 21228); (8) 29 CFR 1910 and 1926, pertaining to Consolidation of Repetitive Provisions: Technical Amendments, as published in the Federal Register of July 3, 1996 (61 FR 31429); (9) 29 CFR 1926.1101 and 1910.1001, pertaining to Occupational Exposure to Asbestos, as published in the Federal Register of August 23, 1996 (61 FR 43456); and (10) 29 CFR 1926.416 and 1926.417, pertaining to General Industry Standards Applicable to Construction Work, as published in the Federal Register of August 12, 1996 (61 FR 41738).

These standards are contained in COMAR 09.12.31. Maryland Occupational Safety and Health Standards were promulgated after public hearings on (1) March 1, 1995; (2) September 6, 1995; (3) October 5, 1995; (4) November 1, 1995; (5 and 6) April 3, 1996; (7 and 8) July 3, 1996; and (9 and 10) September 13, 1996. These standards became effective on (1) August 14, 1995; (2) January 15, 1996; (3) February 12, 1996; (4) February 26, 1996; (5 and 6) July 29, 1996; (7 and 8) October 21, 1996; and (9 and 10) January 27, 1997 respectively.

2. Decision

Having reviewed the State submissions 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

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, 3535 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, U.S. Department of Labor, Room N3700, 3rd 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 standards are identical to the Federal standards which were promulgated in accordance with Federal law including meeting requirements for public participation.

b. The standards were adopted in accordance with the procedural requirements of State law and further participation would be unnecessary.

This decision is effective April 8, 1997.

(§ 18, Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667))

Signed at Philadelphia, Pennsylvania, this 6th day of March 1997.

Linda R. Anku,
Regional Administrator.

[FR Doc. 97-8938 Filed 4-7-97; 8:45 am)