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 January 19, 1993; April 15, 1993; and June 8, 1993, from Barbara P. Ripley, Commissioner, Vermont Department of Labor and Industry, to John B. Miles, Jr., Regional Administrator; and incorporated as part of the plan, the State submitted updated State standards identical to 29 CFR part 1910 and 1926; and subsequent amendments thereto, as described below: (1) Addition to 29 CFR parts 1910 and 1926, Occupational Exposure to Formaldehyde; Final Rule (52 FR 46168, dated 12/4/87); (2) Amendments to 29 CFR parts 1910 and 1926, Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite (57 FR 7877, dated 3/5/92; and 57 FR 24330, dated 6/18/92); (3) Amendments and Corrections to 29 CFR part 1910, Occupational Exposure to Formaldehyde; Final Rule (57 FR 7877, dated 3/5/92, 57 FR 22307, dated 5/27/92; 57 FR 24701, dated 6/10/92; and 57 FR 27160, dated 6/18/92); (4) Correction to 29 CFR part 1926, Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite (57 FR 29119, dated 6/30/92); (5) Additions to 29 CFR parts 1910 and 1926, Cadmium (57 FR 42388, dated 9/14/92); (6) Additions to 29 CFR parts 1910 and 1926, Methylenedianiline (57 FR 35666, dated 8/10/92); (7) Addition to 29 CFR 1910.146, Permit-Required Confined Spaces (58 FR 4849, dated 1/14/93).

These standards became effective on December 31, 1992; March 26, 1993; and June 7, 1993, pursuant to Section 224 of State Law.

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 are accordingly approved.

3. Location of Supplement for Inspection and Copying

A copy of the standards supplement, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, 133 Portland Street, Boston, Massachusetts, 02114; Office of the Commissioner, State of Vermont, Department of Labor and Industry, 120 State Street, Montpelier, Vermont 05602, and the Office of State Programs, room N-3700, 200 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 Vermont State Plan as a proposed change and making the Regional Administrator's approval effective upon publication for the following reason:

1. These standards are identical to the Federal standards which were promulgated in accordance with Federal law including meeting requirements for public participation.

2. These 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 November 2, 1993.

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

Signed at Boston, Massachusetts, this 14th day of June, 1993.

Cindy A. Coe,
Deputy Regional Administrator.

[FR Doc. 93-26925 Filed 11-1-93; 8:45 am]