Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12985

laboratories, including the larger

organizations, have historically

contracted for certain activities. Most

common are activities such as repair

and calibration of test and measurement

instrumentation, security services, and

quality system accreditation. Assuming

proper controls for such activities by the

NRTL, they should not affect the ability

of the NTRL to produce credible

findings. It was never OSHA’s intent to

discourage or limit activities such as the

use of national or international

standards for quality assurance

qualification and registration of a

manufacturer by organizations other

than the NRTL. Such accreditation and

services can be useful tools for an NRTL

as long as the NRTL retains ultimate

control and responsibility.

The NRTL shall retain control of, and

responsibility for, all aspects of the

product certification scheme.

• The NRTL shall assure that

subcontractors or agents performing

service which may affect the

certification of a product have been

assessed and qualified by the NRTL.

• The NRTL shall assure that

subcontractors agents use the follow-up

procedures established by the NRTL.

• The NRTL shall maintain records of

the results of the follow-up visits.

The NRTL shall assure that each agent

or subcontractor providing a service is

capable of performing that service and

that the relationship between the agent

or subcontractor does not compromise

the NRTL’s independence.

• The NRTL shall be able to

demonstrate that all subcontractors and

agents are capable of providing services

equivalent to that provided by the

NRTL.

• The NRTL shall have written

procedures to qualify subcontractors or

agents, to monitor their performance, to

communicate effectively with them, and

to maintain manufacturer

confidentiality.

• The NRTL’s qualification

rpocedures shall include: qualification

requirements; the subcontractor’s or

agent’s quality assurance and selfauditing programs; the NRTL’s

monitoring program; and the

documentation requirements for both

the NRTL and the subcontractor or

agent.

• The NRTL’s records shall include

documentation to demonstrate that the

subcontractor or agent complies with

the NRTL’s program.

• The NRTL shall use its own staff to

qualify the subcontractor or agent.

• The NRTL shall have the means to

ensure that only follow-up inspectors

who are qualified for the task are

utilized.

• The NRTL’s surveillance program

shall include routine audits of the

facilities, staff, and procedures involved

in its follow-up program.

• The follow-up procedures in foreign

countries shall be as stringent as those

required in the US.

• The follow-up program shall

include an initial assessment of the

manufacturers’ procedures, the quality

control system, maintenance

procedures, recordkeeping and other

elements from the appropriate national

standards and international guides.

• The follow-up program shall have

the capability to identify variations in

the manufacturers’ ability to control the

quality of production.

• The NRTL shall periodically

inspect samples of products for

compliance.

The Use of An ‘‘NRTL’’ Certification

Mark for Products Tested and Certified

In Accordance With OSHA’s

Requirements

OSHA has received requests from

several NRTL participants to initiate

action that would implement a

requirement for the use of a unique

mark for the NRTL certified products.

As a result of these requests, OSHA will

publish a separate document in the

Federal Register explaining how such a

program may be implemented, as well

as describing the requirements which

are considered to be part of such a

program.

In this separate document, OSHA will

request comments on the advantages

and disadvantages of implementing

such a program and invite suggestions

as to the proper approach OSHA should

take. The document will include the

concerns of the Agency and will seek

public information that will enable it to

determine the appropriate action.

Authority

Section 6(b) of the Occupational

Safety and Health Act of 1970, (84 Stat.

1593, 29 U.S.C. 655), Secretary of

Labor’s Order No. 1–90 (55 FR 9033).

Signed at Washington, DC, this 3rd day of

March 1995.

Joseph A. Dear,

Assistant Secretary.

[FR Doc. 95–5780 Filed 3–8–95; 8:45 am]

BILLING CODE 4510–26–M

Maryland 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 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 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 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 September 9 and

October 7, 1994, from Henry Koellein,

Jr., 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: (1) Amendments,

corrections, additions and revisions to

29 CFR 1910.132, 1910.133, 1910.136,

and 1910.138, pertaining to the Personal

Protective Equipment Standard for

General Industry, as published in the

Federal Register of April 6, 1994 (59 FR

16360); (2) amendments, corrections,

and additions to 29 CFR 1910.146,

pertaining to the Permit-Required

Confined Spaces Standard for General

Industry, as published in the Federal

Register of May 19, 1994 (59 FR 26115);

and (3) an amendment to 29 CFR

1926.62, pertaining to the Lead in

Construction Standard for the

Construction Industry, as published in

the Federal Register of May 4, 1993 (58

FR 26627). These standards are

contained in COMAR 09.12.31.

Maryland Occupational Safety and

Health Standards were promulgated

after public hearings on April 15 and

July 22, 1994. These standards became

effective on August 29 and September

26, 1994, 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.
12986 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

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

191204; 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

supplements to the Maryland State plan

as proposed changes the 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 the 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 March 9,

1995.

(Sec. 18, Pub. L. 91–596, 84 Stat. 1608 (29

U.S.C. 667)

Signed at Philadelphia, Pennsylvania, this

26th day of January 1995.

Linda R. Anku,

Regional Administrator.

[FR Doc. 95–5776 Filed 3–8–95; 8:45 am]

BILLING CODE 4510–26–M

Maryland 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 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 January 10 and January

30, 1995, from Henry Koellein, Jr.,

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) amendments,

corrections, additions and revisions to

29 CFR 1910.137 and 1910.269,

pertaining to the Electric Power

Generation, Transmission and

Distribution Standard and the Electrical

Protective Equipment Standard for

General industry, as published in the

Federal Register of June 30, 1994 (59 FR

33660); (2) amendments, corrections,

additions and revisions to 29 CFR

1910.120, pertaining to the Hazardous

Waste Operations and Emergency

Response Standard for General Industry,

as published in the Federal Register of

August 22, 1994 (59 FR 43270); (3)

amendments, corrections, additions and

revisions to 29 CFR 1910.132, 1910.133,

1910.136, and 1910.138, pertaining to

the Personal Protective Equipment

Standard for General Industry, as

published in the Federal Register of

July 1, 1994 (59 FR 33910); (4)

amendments to 29 CFR 1910.1201,

1926.21, and 1928.21, pertaining to the

Retention of Department of

Transportation Markings, Placards and

Labels, as published in the Federal

Register of July 19, 1994 (59 FR 36700);

(5) amendments, corrections, additions

and revisions to 29 CFR 1926.1101,

including Appendices A, B, D, F, H, I,

and K, pertaining to the Occupational

Exposure to Asbestos Standard for

General Industry, as published in the

Federal Register of August 10, 1994 (59

FR 41131); and (6) amendments to 19

CFR 1926.500–.503, including

Appendices A–E, Safety Standards for

Fall Protection in the Construction

Industry, and related amendments,

corrections, additions and revisions to

29 CFR 1910.169(g)(2)(i); 1926.104;

1926.753; 1926.105; 1926.107 (b), (c)

and (f); 1926.250(b)(2); 1926.550 (c)(2)

and (g)(4)(i)(C); 1926.651(l);

1926.701(f)(2); and 1926.951(b)(4)(i), as

published in the Federal Register of

August 9, 1994 (59 FR 40729). These

standards are contained in COMAR

09.12.31. Maryland Occupational Safety

and Health Standards were promulgated

after public hearings on September 8

and October 28, 1994. These standards

became effective on January 2 and

January 30, 1995, 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 March 9,

1995.

(Sec. 18, Pub. L. 91–596, 84 Stat. 1608 (29

U.S.C. 667))

Signed at Philadelphia, Pennsylvania, this

8th day of February 1995.

Linda R. Anku,

Regional Administrator.

[FR Doc. 95–5777 Filed 3–8–95; 8:45 am]

BILLING CODE 4510–26–M