Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Limited Reopening of Record; Notice of Informal Public Hearing, 46958-46964 [E9-22002]
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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules
regulations. The preamble to the
temporary regulations explains the
temporary regulations and these
proposed regulations.
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
has also been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because these
regulations do not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, this regulation has been
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small business.
Comments and Requests for a Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written comments (a signed original and
eight (8) copies) or electronic comments
that are submitted timely to the IRS. The
IRS and the Treasury Department
specifically request comments on the
clarity of the proposed rules and how
they may be made easier to understand.
All comments will be available for
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by any person who timely submits
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Drafting Information
The principal author of these
regulations is Michael H. Beker, Office
of the Associate Chief Counsel
(Passthroughs and Special Industries).
However, other personnel from the IRS
and the Treasury Department
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List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping
requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 301 is
proposed to be amended as follows:
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Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7701–2 is
amended by:
1. Revising paragraphs (c)(2)(iii) and
(c)(2)(iv)(B).
2. Redesignating paragraph (c)(2)(v)(B)
as paragraph (c)(2)(v)(C) and adding
new paragraph (c)(2)(v)(B).
3. In newly-designated paragraph
(c)(2)(v)(C), Example (iv) is added.
4. Revising paragraphs (e)(2), (e)(5)
and (e)(6).
The additions and revisions read as
follows:
§ 301.7701–2
definitions.
Business entities;
*
*
*
*
*
(c) * * *
(2) * * *
(iii) [The text of this proposed
amendment to § 301.7701–2(c)(2)(iii) is
the same as the text of § 301.7701–
2T(c)(2)(iii) published elsewhere in this
issue of the Federal Register].
(iv) * * *
(B) [The text of this proposed
amendment to § 301.7701–2(c)(2)(iv)(B)
is the same as the text of § 301.7701–
2T(c)(2)(iv)(B) published elsewhere in
this issue of the Federal Register].
*
*
*
*
*
(v) * * *
(B) [The text of this proposed
amendment to § 301.7701–2(c)(2)(v)(B)
is the same as the text of § 301.7701–
2T(c)(2)(v)(B) published elsewhere in
this issue of the Federal Register].
(C) * * * (iv) [The text of this
proposed amendment to § 301.77012(c)(2)(v)(C) Example (iv) is the same as
the text of § 301.7701–2T(c)(2)(v)(C)
Example (iv) published elsewhere in
this issue of the Federal Register].
*
*
*
*
*
(e) * * *
(2) [The text of this proposed
amendment to § 301.7701–2(e)(2) is the
same as the text of § 301.7701–2T(e)(2)
published elsewhere in this issue of the
Federal Register].
*
*
*
*
*
(5) [The text of this proposed
amendment to § 301.7701–2(e)(5) is the
same as the text of § 301.7701–2T(e)(5)
published elsewhere in this issue of the
Federal Register].
(6) [The text of this proposed
amendment to § 301.7701–2(e)(6) is the
same as the text of § 301.7701–2T(e)(6)
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published elsewhere in this issue of the
Federal Register].
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L.E. Stiff,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E9–21986 Filed 9–11–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1926
[Docket OSHA–S215–2006–0063]
RIN 1218–AB67
Electric Power Generation,
Transmission, and Distribution;
Electrical Protective Equipment;
Limited Reopening of Record; Notice
of Informal Public Hearing
AGENCY: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Proposed rule; limited
reopening of the rulemaking record and
notice of public hearing.
SUMMARY: On June 15, 2005, OSHA
published a proposed rule to revise the
general industry and construction
standards for electric power generation,
transmission, and distribution work and
for electrical protective equipment. The
proposed general industry and
construction standards for electric
power generation, transmission, and
distribution work included revised
minimum approach distance tables.
Those tables limit how close an
employee (or a conductive object he or
she is contacting) may get to an
energized circuit part. In light of recent
changes to one of the consensus
standards on which OSHA relied in
formulating the proposed minimum
approach distances, OSHA is reopening
the record on this proposal to obtain
additional comments related to the
proposed minimum approach distances.
The record will remain open on this
limited basis until October 15, 2009.
OSHA is also announcing a public
hearing on the issues raised in this
notice.
DATES: Comments: Comments must be
submitted (transmitted, postmarked, or
delivered) no later than October 15,
2009.
Notices of intention to appear:
Interested persons who intend to
present testimony or question witnesses
at the public hearing must submit
(transmit, postmark, or deliver) notices
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of intention to appear no later than
October 1, 2009.
Hearing testimony and evidence:
Interested persons who request more
than 10 minutes to present testimony or
who intend to submit documentary
evidence at the hearing must submit
(transmit, postmark, or deliver) the full
text of their testimony and all
documentary evidence no later than
October 15, 2009.
Public hearing: The informal public
hearing will be held from 9:30 a.m. to
1:30 p.m. on October 28, 2009.
ADDRESSES: Public hearing: The
informal public hearing will be held in
Room N3437A, B, and C at the U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210.
Comments, notices of intention to
appear, hearing testimony, and
documentary evidence: You may submit
comments, notices of intention to
appear, hearing testimony, and
documentary evidence, identified by
Docket No. OSHA–S215–2006–0063, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: If your comments, including
attachments, do not exceed 10 pages,
you may fax them to the OSHA Docket
Office at (202) 693–1648.
• Mail, hand delivery, express mail,
messenger, or courier service: You must
submit two copies of your comments
and attachments to the OSHA Docket
Office, Docket No. OSHA–S215–2006–
0063, U.S. Department of Labor, Room
N–2625, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2350 (OSHA’s TTY number is (877)
889–5627). Deliveries (hand, express
mail, messenger, and courier service)
are accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m.–4:45 p.m., ET.
Instructions: All submissions must
include the agency name and the docket
number (Docket No. OSHA–S215–2006–
0063) or regulation identifier number
(RIN 1218–AB67) for this rulemaking.
All comments received will be posted
without change to https://
dockets.osha.gov, including any
personal information provided.
Docket: To read or download
comments and materials submitted in
response to this Federal Register notice,
go to Docket OSHA–S215–2006–0063 at
https://www.regulations.gov or at the
OSHA Docket Office at the previously
listed address. All comments and
submissions are listed in the https://
www.regulations.gov index. However,
some information (for example,
copyrighted material) is not publicly
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available to read or download through
that Web page. All comments and
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Electronic copies of this Federal
Register document are available at
https://www.regulations.gov. This
document, as well as news releases and
other relevant information, also are
available at OSHA’s Web page at https://
www.osha.gov.
FOR FURTHER INFORMATION CONTACT:
Press inquiries and general information:
Ms. Jennifer Ashley, Office of
Communications, Room N–3647, OSHA,
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–1999.
Technical information: David Wallis,
OSHA, Office of Engineering Safety,
Room N–3609, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2277.
Hearings: Ms. Veneta Chatmon,
OSHA, Office of Communications,
Room N–3647; 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–1999; e-mail
chatmon.veneta@dol.gov.
On June
15, 2005, OSHA issued a proposed rule
to revise the general industry and
construction standards for electric
power generation, transmission, and
distribution work and for electrical
protective equipment (70 FR 34822).
The Agency solicited public comments,
and held a public hearing on March 6
through 14, 2006. Administrative Law
Judge William Colwell set a deadline of
July 14, 2006, for filing written
comments, summations, position
statements, and briefs.
The proposed requirements for
electric power generation, transmission,
and distribution work for general
industry and construction would be
contained in 29 CFR 1910.269 and 29
CFR part 1926, subpart V (§§ 1926.950
through 1926.968), respectively.
Proposed § 1926.960(c)(1) would require
employees to maintain minimum
approach distances from exposed
energized parts. The minimum
approach distances are specified in
proposed Tables V–2 through V–6.
Existing § 1910.269(l)(2) and proposed
Tables R–6 through R–10 contain
equivalent requirements for general
industry. OSHA developed the
minimum approach distance tables in
the proposal using principles adopted
from the 1993 National Electrical Safety
SUPPLEMENTARY INFORMATION:
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46959
Code (NESC, ANSI 1 C2–1993) 2 and
ANSI/IEEE 3 Standard 516–1987. (See
70 FR 34822, at 34861 (June 15, 2005)
and 73 FR 62942 (Oct. 22, 2008) for a
detailed description of the methods
OSHA used to calculate the proposed
minimum approach distances.)
On October 22, 2008, OSHA
published a Federal Register notice to
reopen the record on a limited basis for
a period of 30 days, or until November
21, 2008, because the IEEE technical
committee responsible for revising IEEE
Standard 516 identified what in its view
was an error in the calculations of
phase-to-phase minimum approach
distances for nominal voltages 230 kV
and higher (73 FR 62942). The equation
used to calculate the electrical
component of the minimum approach
distance for voltages over 72.5 kV
included a term, a, that represented the
saturation factor for the transient
overvoltage involved. This factor, which
was taken from a graph,4 increased
substantially with increasing voltage.
The minimum approach distances for
phase-to-phase exposures were
calculated using an a factor
corresponding to the phase-to-ground
transient overvoltage rather than for the
higher phase-to-phase transient
overvoltage. Because the minimum
approach distances in OSHA’s 2005
proposal were based on the same
equations called into question by the
IEEE technical committee, the same
issue potentially affected the minimum
approach distances in OSHA’s proposal.
At the time the Agency published the
reopening notice in October 2008, the
IEEE committee was voting on a draft
revised IEEE standard that would have
1 ANSI is the American National Standards
Institute.
2 In promulgating the general industry standard at
§ 1910.269 in 1994, OSHA used minimum approach
distances that matched the corresponding values in
the 1993 NESC. The NESC subcommittee
subsequently revised their distances in a tentative
interim amendment correcting the tables in the
1993 NESC. The minimum approach distances in
the pending proposal for both subpart V and
§ 1910.269 are identical to the minimum approach
distances that appeared in the NESC through the
2002 edition. For the 2007 edition, the NESC
adopted minimum approach distances that were the
same for voltages of 72.5 kV and lower, but that
were larger for voltages of 72.6 kV and higher. The
increase in minimum approach distances for
voltages of 72.6 kV and higher was due to the use
of minimum tool insulation distance rather than
minimum air insulation distance as described later
in this notice.
3 IEEE is the Institute of Electrical and Electronics
Engineers, Inc.
4 The graph, which was published in IEEE
Committee Report, ‘‘Recommendations for safety in
live-line maintenance’’ (IEEE T&D, vol. PAS–87, no.
2, pp. 346–352, Feb. 1968), was taken from test
data. However, the underlying test data were lost.
Consequently, the a factor had to be read from the
published graph.
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corrected the perceived error by (1)
using a formula to calculate the a factor
to avoid errors that could be made in
reading values from the graph; and (2)
extrapolating values for the a factor
beyond the range of the underlying test
data. In its reopening notice, OSHA
asked for comments on IEEE’s proposed
approach for resolving this issue and
raised several questions related to
whether the final rule should reflect any
elements of the draft IEEE standard.5
The reopening notice limited comments
to issues related to minimum approach
distances for voltages of 72.6 kV and
higher (73 FR 62942).
OSHA received only eight responses
to the 2008 reopening notice. Most
commenters generally supported the
idea of incorporating into the final rule
IEEE’s proposed approach for
calculating phase-to-phase minimum
approach distances for voltages of 72.6
kV and higher. Two commenters, the
International Brotherhood of Electrical
Workers and Edison Electric Institute
(EEI), recommended that OSHA open
the record again when the IEEE
committee adopted a final standard (see
Document IDs: 6 OSHA–S215–2006–
0063–0526, OSHA–S215–2006–0063–
0527). EEI also requested an extension
of the comment period, an expansion of
the scope of the reopening to cover
minimum approach distances for
voltages below 72.6 kV, and a public
hearing (see Document ID: OSHA–
S215–2006–0063–0530). This notice
resolves all of EEI’s pending requests.
A. Minimum Approach Distances for
Phase-to-Phase Exposures for Voltages
of 72.6 kV and Higher
The IEEE committee recently adopted
and published a new edition of IEEE
Standard 516.7 The revised standard
adopts a new methodology, using a
different set of formulas, for calculating
phase-to-phase minimum approach
distances for voltages of 72.6 kV and
higher.8 These formulas are derived
from testing for line configurations (that
is, for system design) rather than for
live-line work. In other words, the
underlying formulas are intended to be
used for determining appropriate
conductor spacing rather than for
determining minimum approach
distances appropriate for employees
performing live-line work. To account
for the presence of the employee
working in an aerial lift bucket within
the air gap between the two phase
conductors, the committee incorporated
the concept of a floating electrode in the
air gap. The committee’s approach to
determining the electrical component of
the minimum approach distance can be
summarized as follows:
1. Start with a formula to calculate the
critical sparkover voltage 9 for the
distance between two conductors.
2. Modify the formula to account for
a 3.3-meter floating electrode to
represent an employee working within
an aerial lift bucket between the phase
conductors.
3. Modify the formula to convert the
critical sparkover voltage to a withstand
voltage.10
4. Determine the maximum transient
overvoltage on the line and substitute
that value for the withstand voltage.
5. Rearrange the equation to solve for
distance.
In more technical detail, this
approach is as follows:
1. The equation for calculating the
critical sparkover voltage for a given
distance between two conductors
includes a gap factor, k. This factor
depends on several variables:
alpha = the proportion of the negative
switching impulse voltage to the total
phase-to-phase impulse voltage.
Ddesign L–L = the design phase-to-phase
clearance
H = the average height of the phase above the
ground
Table 1 shows the values
recommended by IEEE Standard 516–
2009 for these variables and the
resultant gap factors.
TABLE 1—RECOMMENDED GAP FACTORS (k)
Phase-to-phase voltage
Alpha
≤ 242 kV ..................................................................................................................................................
> 242 kV ..................................................................................................................................................
L–L/H
0.8
0.8
k
1.451
1.530
3.3-meter conductive object in the air
gap. This value is equivalent to a 10
percent reduction in the dielectric
strength of the gap.
With this factor included, the
equation for the critical sparkover
voltage is:
Where:
V50 = the critical sparkover voltage in
kilovolts
k = the gap factor from Table 1
Dl-l = the sparkover distance in meters
2. When live-line bare-hand work11 is
performed, the employee is typically
positioned between two or more phase
conductors. The employee could be
working, for example, from an aerial lift
platform or a conductor cart. These
devices and the worker are both
conductive. The presence of a
conductive object in the air gap reduces
its dielectric strength. IEEE Standard
516–2009 introduces a constant, KF, to
account for the presence of the
employee and other conductive objects
in the air gap. IEEE Standard 516–2009
uses KF equal to 0.9 to accommodate a
5 OSHA is repeating, in this notice, several of
these questions in slightly different form now that
IEEE has formally published a new version of
Standard 516.
6 These are the Document IDs on the Federal
eRulemaking Portal, https://www.regulations.gov.
7 This document, IEEE Standard 516–2009, is
available for inspection and copying in the Docket
Office at the address listed in the ADDRESSES section
of this notice.
8 The approach for extrapolating values for the a
factor that the IEEE committee was considering at
the time of the 2008 reopening notice, which
assumed that the value continued to increase in a
linear fashion, failed to achieve consensus (73 FR
62942).
9 The critical sparkover voltage, or V , is the
50
voltage that will sparkover a specified distance 50
percent of the time.
10 The withstand voltage is the voltage at which
sparkover is not likely to occur across a specified
distance. It is the voltage taken at the 3s point
below the sparkover voltage, assuming that the
sparkover curve follows a normal distribution.
11 This is work performed with the employee at
the same potential as one of the phase conductors.
The employee is insulated, by air or another
insulating medium, from the other phase
conductors and from ground.
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8
1+
Dl −l
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V50 =
3400(k ) ( K F )
8
1+
Dl −l
3. IEEE sets the withstand voltage at
a level that is 3s lower than the critical
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V50 =
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IEEE Standard 516–2009 uses the
following equation to calculate the
critical sparkover voltage for the
designed gap between two phase
conductors:
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0.33
0.41
Ddesign
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5. Substituting the values of the
various constants and solving these
equations for distance, IEEE Standard
516–2009 uses the following equations
to calculate the minimum air insulation
distance:
For voltages less than or equal to 242
kV:
DL − L =
8
⎛
4621
⎜
⎜ ( (1.35TL −G ) + 0.45 )VL − L
⎝
⎞
⎟
⎟
⎠
For voltages more than 242 kV:
DL − L =
8
⎛
4875
⎜
⎜ ( (1.35TL −G ) + 0.45 )VL − L
⎝
⎞
⎟
⎟
⎠
Where:
DL–L = the minimum air insulation distance
(the minimum distance needed to
prevent sparkover with air alone as the
insulating medium)
TL–G = the phase-to-ground maximum
transient overvoltage in per unit
VL–L = the rms phase-to-phase system voltage
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Tools in the air gap. The presence of
an insulated tool in the air gap reduces
the air gap’s dielectric strength. IEEE
Standard 516–2009 generally gives two
values for the electrical component of
the minimum approach distance: One in
air (called MAID 12) and one with a tool
in the air gap (called MTID 13).14 Unlike
the most recent edition of the NESC,15
12 MAID
is the minimum air insulation distance.
is the minimum tool insulation distance.
14 IEEE Standard 516–2009 increases the
electrical component of the minimum approach
distance by 10 percent (6 percent for the tool and
4 percent for intangibles) before the saturation
factor is applied.
15 This document, NESC, ANSI C2–2007, is
available for inspection and copying in the Docket
Office at the address listed in the ADDRESSES section
of this notice.
13 MTID
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B. Minimum Approach Distances for
Voltages Up to 72.5 kV
IEEE Standard 516–2009 contains a
slightly revised methodology for
calculating minimum approach
distances for voltages up to 72.5 kV. In
the past, IEEE Standard 516 calculated
these distances using sparkover
distances in IEEE Standard 4–1995,
which are based on 60-Hz rod-to-rod
sparkover voltages. The IEEE committee
identified, in its view, two problems
with continuing to use these distances
without further adjustment. First, the
distances are based on testing with 60Hz voltages, not transient impulses. The
sparkover voltage for a given distance is
higher for a transient overvoltage than
for an equal 60-Hz voltage. Second, the
voltages in IEEE Standard 4–1995 are
sparkover voltages, not withstand
voltages. The withstand voltage for a
given distance is smaller than the
corresponding sparkover voltage. Thus,
the two problems identified by the IEEE
committee work in opposite directions.
The first one would decrease the
minimum approach distance; the
second would increase it. IEEE Standard
516–2009 resolves both problems with
resultant minimum approach distances
that are slightly smaller than those in
earlier editions. To overcome the first
problem, IEEE Standard 516–2009
applies an impulse test factor of 1.3 to
convert 60-Hz sparkover voltage to the
critical sparkover voltage for a transient
overvoltage. The standard then uses a
3s margin (0.85) to convert the critical
sparkover voltage to a withstand
voltage. This addresses the second
problem.
Table 2 shows a comparison of the 60Hz sparkover voltage with the transient
overvoltage withstand voltage for
different rod-to-rod air gaps. This table
shows that a given air gap can withstand
a somewhat higher transient overvoltage
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⎞
⎛ ⎛ TOV − 36.7 ⎞
⎟ + 2.75 ⎟
⎜⎜
5.6
⎝
⎠
⎠
DM = ⎝
100
Where:
DM = Distance in meters
TOV = Maximum phase-to-ground transient
overvoltage (peak)
The corresponding formula for phaseto-phase exposures is:
⎞
⎛ ⎛ TOV − 63.6 ⎞
⎟ + 5.65 ⎟
⎜⎜
5.15
⎝
⎠
⎠
DM = ⎝
100
Where:
DM = Distance in meters
TOV = Maximum phase-to-phase transient
overvoltage (peak)
TABLE 2—COMPARISON OF 60-Hz
SPARKOVER WITH TRANSIENT OVERVOLTAGE WITHSTAND
Impulse transient
overvoltage rodto-rod withstand
(kV peak)*
27.6 ...................
39.8 ...................
50.8 ...................
58.6 ...................
66.3 ...................
77.4 ...................
87.3 ...................
95 ......................
105 ....................
115 ....................
123.8 .................
132.6 .................
158 ....................
184.5 .................
212.2 .................
240.9 .................
268.5 .................
298.4 .................
355.8 .................
60-Hz
rod-to-rod
sparkover
(kV peak)
25
36
46
53
60
70
79
86
95
104
112
120
143
167
192
218
243
270
322
Gap
spacing
from IEEE
Std 4–1995
(cm)
2
3
4
5
6
8
10
12
14
16
18
20
25
30
35
40
45
50
60
* The voltage in this column equals the voltage in the second column × 1.3 × 0.85.
16 IEEE Standard 516 uses this equation for
voltages more than 27.00 kV but less than or equal
to 72.5 kV. For voltages less than 27.00 kV, IEEE
Standard 516 uses a distance of 0.02 meters, with
the following explanation: ‘‘When the TOVPeak is
less than 27.00 kV, sufficient test data are not
available to calculate the MAID, which is less than
2 cm or 0.06 ft.’’
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TL–L = 1.35TL–G + 0.45
Where:
TL–L = the phase-to-phase maximum transient
overvoltage in per unit
TL–G = the phase-to-ground maximum
transient overvoltage in per unit
The definition of MTID applies only to
line-to-ground application. It is rare that a
worker would be at the potential of one
phase while working on another phase. If a
nonconductive object, such as an insulated
tool, is placed in the air gap joining two
phases, an engineering study should be
performed. [Additional] testing is required to
develop a line-to-line MTID. If a line-to-line
MTID is required, the same factor as used in
the line-to-ground distance may be used.
Industry practices normally use an MTID that
is the same as or greater than the MAID.
EP14SE09.004</MATH>
4. To solve for the electrical
component of the clearance, the
maximum transient overvoltage is
substituted for the withstand voltage.
The IEEE committee used the following
equation to calculate the maximum
transient overvoltage on the line:
than it can a 60-Hz voltage. The
relationship between the electrical
component of the minimum approach
distance and the maximum transient
overvoltage in this range is linear and,
in IEEE Standard 516–2009, is
represented by the following linear
formula for phase-to-ground
exposures:16
EP14SE09.003</MATH>
VW = (1—3s)V50
Where:
VW = the withstand voltage
V50 = the critical sparkover voltage
s = 5 percent for a normal distribution
which uses the tool distance plus an
ergonomic component (0.31 or 0.61
meters) in setting minimum approach
distances, IEEE Standard 516–2009 does
not provide either the tool distance or
a means of calculating it for phase-tophase exposures. Section 4.5.2.3
justifies this as follows:
EP14SE09.002</MATH>
sparkover voltage, as indicated in the
following equation:
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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules
C. Comparison of the Revised IEEE
Minimum Approach Distances With
OSHA’s Proposed Minimum Approach
Distances
distances resulting from the application
of the changes described earlier in IEEE
Standard 516–2009.
Table 3 compares OSHA’s proposed
minimum approach distances with
TABLE 3—COMPARISON OF MINIMUM APPROACH DISTANCES
Distance (m)
Phase-to-ground exposure
Phase-to-phase exposure
Nominal voltage in kilovolts phase to phase*
IEEE 516–
2009
0.051 to 0.300 ..................................................................................................................
Proposed
tables R–6
and V–2†
Avoid contact
0.301 to 0.750 ..................................................................................................................
0.751 to 15.0 ....................................................................................................................
15.1 to 36.0 ......................................................................................................................
36.1 to 46.0 ......................................................................................................................
46.1 to 72.5 ......................................................................................................................
72.6 to 121 .......................................................................................................................
138 to 145 ........................................................................................................................
161 to 169 ........................................................................................................................
230 to 242 ........................................................................................................................
345 to 362 ........................................................................................................................
500 to 550 ........................................................................................................................
765 to 800 ........................................................................................................................
0.32
0.64
0.73
0.79
0.89
1.01
1.15
1.29
1.71
2.75
3.61
4.82
IEEE 516–
2009
Proposed
tables R–6
and V–2 †
Avoid contact
0.31
0.65
0.77
0.84
1.00
0.95
1.09
1.22
1.59
2.59
3.42
4.53
0.32
0.67
0.84
0.94
1.15
1.37
1.62
1.88
2.77
4.32
6.01
8.87
0.31
0.67
0.86
0.96
1.20
1.29
1.50
1.71
2.27
3.80
5.50
7.91
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* The voltage ranges correspond to those in OSHA’s 2005 proposal. IEEE Standard 516–2009 has additional voltage ranges below 72.5 kV
and has one additional higher voltage range, 362.1 to 420 kV. The distances shown in this table for IEEE Standard 516–2009 correspond to the
minimum approach distance for the highest voltage in the range.
† See 70 FR 34822, June 15, 2005.
As can be seen from Table 3, the
IEEE’s approach in the new version of
Standard 516 results in the following
relative differences in minimum
distances:
(1) Phase-to-ground and phase-tophase exposures at voltages from 751
volts to 72.5 kV. The minimum
approach distances in IEEE Standard
516–2009 for voltages from 751 volts to
72.5 kV are approximately 10 percent
smaller than the corresponding values
in OSHA’s 2005 proposal. It should be
noted that, at these voltages, the
minimum approach distances in both
OSHA’s proposal and IEEE Standard
516–2009 reflect minimum air
insulation distances, not minimum tool
insulation distances.
(2) Phase-to-phase exposures at 72.6
kV and higher. The revised IEEE
standard results in increases in
minimum approach distances compared
to OSHA’s 2005 proposal, with
substantial increases at voltages of 230
kV and higher.
(3) Phase-to-ground exposures at 72.6
kV and higher. Smaller increases in the
revised IEEE standard compared to
OSHA’s 2005 proposal are evident for
phase-to-ground exposures at voltages of
72.6 kV and higher. The increased
minimum approach distances are due to
the IEEE’s use of minimum tool
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insulation distance rather than
minimum air insulation distance as the
electrical component in determining the
minimum approach distance for phaseto-ground exposures.
D. Issues on Which Comment Is
Requested
OSHA continues to support the text of
its 2005 proposal and has not yet come
to any conclusions as to whether the
minimum approach distances in that
proposal are based on faulty principles
or calculations. In light of IEEE’s
recently published revisions, OSHA is
reopening the record on the electric
power generation, transmission, and
distribution standard to invite
additional comments, evidence, and
data on the minimum approach
distances proposed in 2005. In light of
the changes made in the new IEEE
standard, OSHA is now seeking
additional public comment on the
proposed minimum approach distances
for all voltages. OSHA is interested in
public feedback on the proposed
minimum approach distances insofar as
any party has specific comments about
perceived problems or concerns with
the calculation methods described in
the 2005 proposal. The Agency strives
to adopt a final rule that is based on
sound and up-to-date engineering and
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Sfmt 4702
scientific principles. Therefore, in
developing the final rule based on these
principles, OSHA will review the
comments received in response to this
notice, as well as evidence and other
information gathered at the public
hearing and in any posthearing
comment period, including information
provided in response to the following
questions:
1. Should OSHA adopt minimum
approach distances that are different
from those proposed in subpart V Tables
V–2 through V–6 and proposed
§ 1910.269 Tables R–6 through R–10
and, if so, what criteria and
methodology are reasonably necessary
to protect employees from hazards
associated with sparkover?
2. Is there any scientific basis for not
extrapolating the saturation factor, a,
beyond the limits of the test data on
which earlier (that is, pre-2009) versions
of IEEE Standard 516 relied? Is there
any test data that can be used to validate
or invalidate the use of extrapolated
values for a?
3. Does the new IEEE methodology for
calculating minimum approach
distances for phase-to-phase exposures
at voltages of 72.6 kV and higher
represent employee exposure conditions
better than the methodology OSHA used
to generate the minimum approach
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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules
distances in the 2005 proposal? In
particular, is the use of conductor-toconductor test data modified with the
use of a 3.3-meter floating electrode
preferable to the use of rod-to-rod test
data for representing the range of
employee exposure conditions?
4. All of the minimum approach
distances in the 2005 proposed rule are
based on the minimum air insulation
distance. Should the minimum
approach distances for voltages of 72.6
kV and higher be based on the
minimum tool insulation distance, as is
the case in the 2007 NESC? Should the
minimum approach distances for
voltages of 72.5 kV and lower also be
based on the minimum tool insulation
distance?
5. IEEE Standard 516–2009 does not
provide minimum tool insulation
distances for phase-to-phase exposures.
Using an insulated boom on the top or
middle conductor in a vertical
configuration and using a live-line rope
in a similar position involve the use of
an insulator across the air gap between
two phases. Are there any other
situations in which an insulator or a
live-line tool is used between two phase
conductors during live-line work? If, in
the final rule, OSHA bases minimum
approach distances on minimum tool
insulation distances, but adopts IEEE’s
methodology to calculate phase-tophase minimum approach distances,
how, if at all, should the final rule
address situations in which insulation is
present across the air gap?
6. Existing § 1910.269 and OSHA’s
2005 proposal set maximum transient
overvoltages of 3.0 per unit for voltages
up to 362 kV, 2.4 per unit for voltages
in the 552-kV range, and 2.0 per unit for
voltages in the 800-kV range. The
committee and the electric utility
industry, as reflected in the NESC and
earlier editions of IEEE Standard 516,
believed that these were the highest
possible transient overvoltages.
However, IEEE Standard 516–2009 now
recognizes that even higher maximum
per-unit transient overvoltages can exist.
How, if at all, should the final rule
address the possibility of higher
maximum transient overvoltages given
that the proposed rule did not address
this possibility?
7. In drafting the final rule, should
OSHA include the 362.1- to 420-kV
voltage range appearing in IEEE
Standard 516–2009 in addition to the
voltage ranges in the proposed rule? Do
any existing systems operate at these
voltages?
8. OSHA does not anticipate that
revising the minimum approach
distances using one of the methods
outlined in this notice will have a
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15:22 Sep 11, 2009
Jkt 217001
substantial impact on compliance costs.
However, the Agency realizes that some
companies might be affected by revised
minimum approach distances. Would
revised minimum approach distances in
accordance with one or more of the
methods described in this notice impose
additional compliance costs? If so,
explain the reasons for these costs and
the frequency with which they will be
incurred.
OSHA is reopening the record solely
on issues related to minimum approach
distances. The record is not being
reopened on any other issue.
E. Informal Public Hearing
As previously noted, OSHA received
a request to conduct a public hearing
from EEI in response to the October
2008 reopening notice (see Document
ID: OSHA–S215–2006–0063–0530).
Based on this request, the Agency is
scheduling an informal public hearing
to address the limited issues related to
the minimum approach distances
described in this notice. OSHA will
make witnesses available at the hearing
to provide testimony and to take
questions about the minimum approach
distances proposed in 2005. The Agency
is relying on the public to provide
testimony and evidence on the strengths
and weaknesses of the principles,
calculations, and minimum approach
distances set forth in IEEE Standard
516–2009. The public must use the
following procedures to participate in
the hearing.
Informal public hearings—purpose,
rules, and procedures. Pursuant to
section 6(b)(3) of the Occupational
Safety and Health Act of 1970 (OSH
Act) (29 U.S.C. 655), OSHA invites
interested persons to participate in this
rulemaking by attending the public
hearing and providing oral testimony
and documentary evidence on the
limited issues related to minimum
approach distances raised in this notice.
OSHA also welcomes any data or other
evidence that will assist the Agency in
developing a complete and accurate
record on these issues.
The informal public hearing on
minimum approach distances will be
held on October 28, 2009, from 9:30
a.m. to 1:30 p.m., ET, in Room N3437A,
B, and C at the U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210. An
administrative law judge (ALJ) will
preside over the hearing and will be
responsible for resolving any procedural
matters that arise.
The legislative history of Section 6 of
the OSH Act, as well as OSHA’s rules
governing public hearings (29 CFR
1911.15), establish the purpose and
PO 00000
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Sfmt 4702
46963
procedures of informal public hearings.
Although the presiding officer of such
hearings is an ALJ and questioning
witnesses is allowed on crucial issues,
the proceeding is largely informal and
essentially legislative in purpose.
Therefore, the hearing provides
interested persons with an opportunity
to make oral presentations in the
absence of procedural restraints or rigid
procedures that could impede or
protract the rulemaking process. In
addition, the primary purpose of the
hearing is to gather information and
clarify the record; the hearing will be an
informal administrative proceeding
rather than an adjudicative one in
which the technical rules of evidence
apply. OSHA’s rules governing public
hearings and the prehearing guidelines
that the ALJ issues for the hearings will
ensure fairness and due process for
participants, as well as facilitate the
development of a clear, accurate, and
complete record. Accordingly,
application of these rules and guidelines
will be such that questions of relevance,
procedure, and participation generally
will be resolved in favor of development
of the record.
The conduct of the hearing will
conform to OSHA’s Rules of Procedure
for Promulgating, Modifying, or
Revoking Occupational Safety and
Health Standards (29 CFR part 1911).
The rules also specify that the Assistant
Secretary may, on reasonable notice,
issue additional or alternative
procedures to expedite the proceedings,
to provide greater procedural
protections to interested persons or to
further any other good cause consistent
with applicable law (29 CFR 1911.4).
Although the ALJs who preside over the
hearings make no decisions or
recommendations on the merits of
OSHA proposed rules, they do have the
responsibility and authority necessary
to ensure that the hearing progresses at
a reasonable pace and in an orderly
manner and to ensure that interested
persons receive a full and fair hearing.
Accordingly, ALJs have the power to
regulate the course of the proceedings;
dispose of procedural requests,
objections, and comparable matters;
confine presentations to matters
pertinent to the issues this reopening
notice raises; use appropriate means to
regulate the conduct of persons present
at the hearing; question witnesses and
permit others to do so; limit the time for
such questioning; and leave the record
open for a reasonable time after the
hearing for the submission of additional
data, evidence, comments and
arguments (29 CFR 1911.16).
Notice of intention to appear at the
hearing. Interested persons who intend
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46964
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules
to participate in and provide oral
testimony or documentary evidence at
the hearing must file a written notice of
intention to appear by October 1, 2009.
To testify or question witnesses at the
hearing, interested persons must submit
(transmit, postmark, or deliver) a notice
by October 1, 2009, providing the
following information:
• Name, address, and telephone
number of each individual who will
give oral testimony;
• Name of the establishment or
organization each individual represents,
if any;
• Occupational title and position of
each individual testifying;
• Approximate amount of time
required for each individual’s
testimony;
• A brief statement of the position
each individual will take with respect to
the issues identified in this notice; and
• A brief summary of documentary
evidence each individual intends to
present.
OSHA emphasizes that the hearings
are open to the public; however, only
individuals who file a notice of
intention to appear may question
witnesses and participate fully at the
hearing. If time permits, and at the
discretion of the ALJ, an individual who
did not file a notice of intention to
appear may be allowed to testify at the
hearing, but for no more than 10
minutes.
Hearing testimony and documentary
evidence. Individuals who request more
than 10 minutes to present their oral
testimony at the hearing or who will
submit documentary evidence at the
hearing must submit (transmit,
postmark, or deliver) the full text of
their testimony and all documentary
evidence no later than October 15, 2009.
The Agency will review each
submission and determine if the
information it contains warrants the
amount of time the individual requested
for the presentation. If OSHA believes
the requested time is excessive, the
Agency will allocate an appropriate
amount of time for the presentation and
will notify the individual of that action,
and the reasons for that action, before
the hearing. The Agency may limit to 10
minutes the presentation of any
participant who fails to comply
substantially with these procedural
requirements, and may request that the
participant return for questioning later.
Before the hearing, OSHA will notify all
participants of the time the Agency is
allowing for their presentations and will
provide them with prehearing
guidelines and a hearing schedule.
Certification of the hearing record and
Agency final determination. Following
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15:22 Sep 11, 2009
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the close of the hearing and any
posthearing comment periods, the ALJ
will certify the record to the Assistant
Secretary of Labor for Occupational
Safety and Health. The record will
consist of all of the written comments,
oral testimony, and documentary
evidence received during the
proceeding. The ALJ, however, will not
make or recommend any decisions as to
the content of the final standard.
Following certification of the record,
OSHA will review the record and issue
the final rule based on the record as a
whole.
List of Subjects in 29 CFR Parts 1910
and 1926
Electric power, Fire prevention,
Hazardous substances, Occupational
safety and health, Safety.
Authority and Signature
This document was prepared under
the direction of Jordan Barab, Acting
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210. It
is issued pursuant to sections 4, 6, and
8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657),
Secretary’s Order 5–2007 (72 FR 31160),
and 29 CFR part 1911.
Signed at Washington, DC, this 8th day of
September 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. E9–22002 Filed 9–11–09; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 151
46 CFR Part 162
[USCG–2001–10486]
RIN 1625–AA32
Standards for Living Organisms in
Ships’ Ballast Water Discharged in
U.S. Waters
Coast Guard, DHS.
Notice of public meetings.
AGENCY:
ACTION:
SUMMARY: The Coast Guard announces a
series of public meetings to receive
comments on a notice of proposed
rulemaking (NPRM) entitled ‘‘Standards
for Living Organisms in Ships’ Ballast
Water Discharged in U.S. Waters’’ that
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
published in the Federal Register on
Friday, August 28, 2009.
DATES: Public meetings will be held in
the Seattle, WA (September 28, 2009),
New Orleans, LA (September 30, 2009),
Chicago, IL (October 2, 2009),
Washington, DC (October 8, 2009),
Oakland, CA (October 27, 2009), and
New York, NY (October 29, 2009) areas
to provide opportunities for oral
comments. Written comments and
related material may also be submitted
to Coast Guard personnel specified at
those meetings for inclusion in the
official docket for this rulemaking. The
comment period for the NPRM closes on
November 27, 2009. All comments and
related material submitted after the
meeting must either be submitted to our
online docket via https://
www.regulations.gov on or before
November 27, 2009 or reach the Docket
Management Facility by that date.
ADDRESSES: The public meetings will be
held in the Seattle, WA (September 28,
2009), New Orleans, LA (September 30,
2009), Chicago, IL (October 2, 2009),
Washington, DC (October 8, 2009),
Oakland, CA (October 27, 2009), and
New York, NY (October 29, 2009) areas.
The specific locations and details will
be announced in the Federal Register
when they are finalized.
You may submit written comments
identified by docket number USCG–
2001–10486 before or after the meetings
using any one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. Our online
docket for this rulemaking is available
on the Internet at https://
www.regulations.gov under docket
number USCG–2001–10486.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rulemaking, call or e-mail Mr. John
Morris, Project Manager, Environmental
Standards Division, U.S. Coast Guard
Headquarters, telephone 202–372–1433,
e-mail: John.C.Morris@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
E:\FR\FM\14SEP1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Proposed Rules]
[Pages 46958-46964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22002]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1926
[Docket OSHA-S215-2006-0063]
RIN 1218-AB67
Electric Power Generation, Transmission, and Distribution;
Electrical Protective Equipment; Limited Reopening of Record; Notice of
Informal Public Hearing
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; limited reopening of the rulemaking record and
notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: On June 15, 2005, OSHA published a proposed rule to revise the
general industry and construction standards for electric power
generation, transmission, and distribution work and for electrical
protective equipment. The proposed general industry and construction
standards for electric power generation, transmission, and distribution
work included revised minimum approach distance tables. Those tables
limit how close an employee (or a conductive object he or she is
contacting) may get to an energized circuit part. In light of recent
changes to one of the consensus standards on which OSHA relied in
formulating the proposed minimum approach distances, OSHA is reopening
the record on this proposal to obtain additional comments related to
the proposed minimum approach distances. The record will remain open on
this limited basis until October 15, 2009. OSHA is also announcing a
public hearing on the issues raised in this notice.
DATES: Comments: Comments must be submitted (transmitted, postmarked,
or delivered) no later than October 15, 2009.
Notices of intention to appear: Interested persons who intend to
present testimony or question witnesses at the public hearing must
submit (transmit, postmark, or deliver) notices
[[Page 46959]]
of intention to appear no later than October 1, 2009.
Hearing testimony and evidence: Interested persons who request more
than 10 minutes to present testimony or who intend to submit
documentary evidence at the hearing must submit (transmit, postmark, or
deliver) the full text of their testimony and all documentary evidence
no later than October 15, 2009.
Public hearing: The informal public hearing will be held from 9:30
a.m. to 1:30 p.m. on October 28, 2009.
ADDRESSES: Public hearing: The informal public hearing will be held in
Room N3437A, B, and C at the U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210.
Comments, notices of intention to appear, hearing testimony, and
documentary evidence: You may submit comments, notices of intention to
appear, hearing testimony, and documentary evidence, identified by
Docket No. OSHA-S215-2006-0063, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: If your comments, including attachments, do not
exceed 10 pages, you may fax them to the OSHA Docket Office at (202)
693-1648.
Mail, hand delivery, express mail, messenger, or courier
service: You must submit two copies of your comments and attachments to
the OSHA Docket Office, Docket No. OSHA-S215-2006-0063, U.S. Department
of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627).
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m.-4:45 p.m., ET.
Instructions: All submissions must include the agency name and the
docket number (Docket No. OSHA-S215-2006-0063) or regulation identifier
number (RIN 1218-AB67) for this rulemaking. All comments received will
be posted without change to https://dockets.osha.gov, including any
personal information provided.
Docket: To read or download comments and materials submitted in
response to this Federal Register notice, go to Docket OSHA-S215-2006-
0063 at https://www.regulations.gov or at the OSHA Docket Office at the
previously listed address. All comments and submissions are listed in
the https://www.regulations.gov index. However, some information (for
example, copyrighted material) is not publicly available to read or
download through that Web page. All comments and submissions, including
copyrighted material, are available for inspection and copying at the
OSHA Docket Office.
Electronic copies of this Federal Register document are available
at https://www.regulations.gov. This document, as well as news releases
and other relevant information, also are available at OSHA's Web page
at https://www.osha.gov.
FOR FURTHER INFORMATION CONTACT: Press inquiries and general
information: Ms. Jennifer Ashley, Office of Communications, Room N-
3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-1999.
Technical information: David Wallis, OSHA, Office of Engineering
Safety, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone (202) 693-2277.
Hearings: Ms. Veneta Chatmon, OSHA, Office of Communications, Room
N-3647; 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-1999; e-mail chatmon.veneta@dol.gov.
SUPPLEMENTARY INFORMATION: On June 15, 2005, OSHA issued a proposed
rule to revise the general industry and construction standards for
electric power generation, transmission, and distribution work and for
electrical protective equipment (70 FR 34822). The Agency solicited
public comments, and held a public hearing on March 6 through 14, 2006.
Administrative Law Judge William Colwell set a deadline of July 14,
2006, for filing written comments, summations, position statements, and
briefs.
The proposed requirements for electric power generation,
transmission, and distribution work for general industry and
construction would be contained in 29 CFR 1910.269 and 29 CFR part
1926, subpart V (Sec. Sec. 1926.950 through 1926.968), respectively.
Proposed Sec. 1926.960(c)(1) would require employees to maintain
minimum approach distances from exposed energized parts. The minimum
approach distances are specified in proposed Tables V-2 through V-6.
Existing Sec. 1910.269(l)(2) and proposed Tables R-6 through R-10
contain equivalent requirements for general industry. OSHA developed
the minimum approach distance tables in the proposal using principles
adopted from the 1993 National Electrical Safety Code (NESC, ANSI \1\
C2-1993) \2\ and ANSI/IEEE \3\ Standard 516-1987. (See 70 FR 34822, at
34861 (June 15, 2005) and 73 FR 62942 (Oct. 22, 2008) for a detailed
description of the methods OSHA used to calculate the proposed minimum
approach distances.)
---------------------------------------------------------------------------
\1\ ANSI is the American National Standards Institute.
\2\ In promulgating the general industry standard at Sec.
1910.269 in 1994, OSHA used minimum approach distances that matched
the corresponding values in the 1993 NESC. The NESC subcommittee
subsequently revised their distances in a tentative interim
amendment correcting the tables in the 1993 NESC. The minimum
approach distances in the pending proposal for both subpart V and
Sec. 1910.269 are identical to the minimum approach distances that
appeared in the NESC through the 2002 edition. For the 2007 edition,
the NESC adopted minimum approach distances that were the same for
voltages of 72.5 kV and lower, but that were larger for voltages of
72.6 kV and higher. The increase in minimum approach distances for
voltages of 72.6 kV and higher was due to the use of minimum tool
insulation distance rather than minimum air insulation distance as
described later in this notice.
\3\ IEEE is the Institute of Electrical and Electronics
Engineers, Inc.
---------------------------------------------------------------------------
On October 22, 2008, OSHA published a Federal Register notice to
reopen the record on a limited basis for a period of 30 days, or until
November 21, 2008, because the IEEE technical committee responsible for
revising IEEE Standard 516 identified what in its view was an error in
the calculations of phase-to-phase minimum approach distances for
nominal voltages 230 kV and higher (73 FR 62942). The equation used to
calculate the electrical component of the minimum approach distance for
voltages over 72.5 kV included a term, a, that represented the
saturation factor for the transient overvoltage involved. This factor,
which was taken from a graph,\4\ increased substantially with
increasing voltage. The minimum approach distances for phase-to-phase
exposures were calculated using an a factor corresponding to the phase-
to-ground transient overvoltage rather than for the higher phase-to-
phase transient overvoltage. Because the minimum approach distances in
OSHA's 2005 proposal were based on the same equations called into
question by the IEEE technical committee, the same issue potentially
affected the minimum approach distances in OSHA's proposal.
---------------------------------------------------------------------------
\4\ The graph, which was published in IEEE Committee Report,
``Recommendations for safety in live-line maintenance'' (IEEE T&D,
vol. PAS-87, no. 2, pp. 346-352, Feb. 1968), was taken from test
data. However, the underlying test data were lost. Consequently, the
a factor had to be read from the published graph.
---------------------------------------------------------------------------
At the time the Agency published the reopening notice in October
2008, the IEEE committee was voting on a draft revised IEEE standard
that would have
[[Page 46960]]
corrected the perceived error by (1) using a formula to calculate the a
factor to avoid errors that could be made in reading values from the
graph; and (2) extrapolating values for the a factor beyond the range
of the underlying test data. In its reopening notice, OSHA asked for
comments on IEEE's proposed approach for resolving this issue and
raised several questions related to whether the final rule should
reflect any elements of the draft IEEE standard.\5\ The reopening
notice limited comments to issues related to minimum approach distances
for voltages of 72.6 kV and higher (73 FR 62942).
---------------------------------------------------------------------------
\5\ OSHA is repeating, in this notice, several of these
questions in slightly different form now that IEEE has formally
published a new version of Standard 516.
---------------------------------------------------------------------------
OSHA received only eight responses to the 2008 reopening notice.
Most commenters generally supported the idea of incorporating into the
final rule IEEE's proposed approach for calculating phase-to-phase
minimum approach distances for voltages of 72.6 kV and higher. Two
commenters, the International Brotherhood of Electrical Workers and
Edison Electric Institute (EEI), recommended that OSHA open the record
again when the IEEE committee adopted a final standard (see Document
IDs: \6\ OSHA-S215-2006-0063-0526, OSHA-S215-2006-0063-0527). EEI also
requested an extension of the comment period, an expansion of the scope
of the reopening to cover minimum approach distances for voltages below
72.6 kV, and a public hearing (see Document ID: OSHA-S215-2006-0063-
0530). This notice resolves all of EEI's pending requests.
---------------------------------------------------------------------------
\6\ These are the Document IDs on the Federal eRulemaking
Portal, https://www.regulations.gov.
---------------------------------------------------------------------------
A. Minimum Approach Distances for Phase-to-Phase Exposures for Voltages
of 72.6 kV and Higher
The IEEE committee recently adopted and published a new edition of
IEEE Standard 516.\7\ The revised standard adopts a new methodology,
using a different set of formulas, for calculating phase-to-phase
minimum approach distances for voltages of 72.6 kV and higher.\8\ These
formulas are derived from testing for line configurations (that is, for
system design) rather than for live-line work. In other words, the
underlying formulas are intended to be used for determining appropriate
conductor spacing rather than for determining minimum approach
distances appropriate for employees performing live-line work. To
account for the presence of the employee working in an aerial lift
bucket within the air gap between the two phase conductors, the
committee incorporated the concept of a floating electrode in the air
gap. The committee's approach to determining the electrical component
of the minimum approach distance can be summarized as follows:
---------------------------------------------------------------------------
\7\ This document, IEEE Standard 516-2009, is available for
inspection and copying in the Docket Office at the address listed in
the ADDRESSES section of this notice.
\8\ The approach for extrapolating values for the a factor that
the IEEE committee was considering at the time of the 2008 reopening
notice, which assumed that the value continued to increase in a
linear fashion, failed to achieve consensus (73 FR 62942).
---------------------------------------------------------------------------
1. Start with a formula to calculate the critical sparkover voltage
\9\ for the distance between two conductors.
---------------------------------------------------------------------------
\9\ The critical sparkover voltage, or V50, is the
voltage that will sparkover a specified distance 50 percent of the
time.
---------------------------------------------------------------------------
2. Modify the formula to account for a 3.3-meter floating electrode
to represent an employee working within an aerial lift bucket between
the phase conductors.
3. Modify the formula to convert the critical sparkover voltage to
a withstand voltage.\10\
---------------------------------------------------------------------------
\10\ The withstand voltage is the voltage at which sparkover is
not likely to occur across a specified distance. It is the voltage
taken at the 3[sigma] point below the sparkover voltage, assuming
that the sparkover curve follows a normal distribution.
---------------------------------------------------------------------------
4. Determine the maximum transient overvoltage on the line and
substitute that value for the withstand voltage.
5. Rearrange the equation to solve for distance.
In more technical detail, this approach is as follows:
1. The equation for calculating the critical sparkover voltage for
a given distance between two conductors includes a gap factor, k. This
factor depends on several variables:
alpha = the proportion of the negative switching impulse voltage to
the total phase-to-phase impulse voltage.
Ddesign L L = the design phase-to-phase clearance
H = the average height of the phase above the ground
Table 1 shows the values recommended by IEEE Standard 516-2009 for
these variables and the resultant gap factors.
Table 1--Recommended Gap Factors (k)
------------------------------------------------------------------------
Ddesign L L/
Phase-to-phase voltage Alpha H k
------------------------------------------------------------------------
<= 242 kV........................ 0.33 0.8 1.451
> 242 kV......................... 0.41 0.8 1.530
------------------------------------------------------------------------
IEEE Standard 516-2009 uses the following equation to calculate the
critical sparkover voltage for the designed gap between two phase
conductors:
[GRAPHIC] [TIFF OMITTED] TP14SE09.000
Where:
V50 = the critical sparkover voltage in kilovolts
k = the gap factor from Table 1
Dl-l = the sparkover distance in meters
2. When live-line bare-hand work\11\ is performed, the employee is
typically positioned between two or more phase conductors. The employee
could be working, for example, from an aerial lift platform or a
conductor cart. These devices and the worker are both conductive. The
presence of a conductive object in the air gap reduces its dielectric
strength. IEEE Standard 516-2009 introduces a constant, KF, to account
for the presence of the employee and other conductive objects in the
air gap. IEEE Standard 516-2009 uses KF equal to 0.9 to accommodate a
3.3-meter conductive object in the air gap. This value is equivalent to
a 10 percent reduction in the dielectric strength of the gap.
---------------------------------------------------------------------------
\11\ This is work performed with the employee at the same
potential as one of the phase conductors. The employee is insulated,
by air or another insulating medium, from the other phase conductors
and from ground.
---------------------------------------------------------------------------
With this factor included, the equation for the critical sparkover
voltage is:
[GRAPHIC] [TIFF OMITTED] TP14SE09.001
3. IEEE sets the withstand voltage at a level that is 3[sigma]
lower than the critical
[[Page 46961]]
sparkover voltage, as indicated in the following equation:
VW = (1--3[sigma])V50
Where:
VW = the withstand voltage
V50 = the critical sparkover voltage
[sigma] = 5 percent for a normal distribution
4. To solve for the electrical component of the clearance, the
maximum transient overvoltage is substituted for the withstand voltage.
The IEEE committee used the following equation to calculate the maximum
transient overvoltage on the line:
TL L = 1.35TL G + 0.45
Where:
TL L = the phase-to-phase maximum transient overvoltage in per unit
TL G = the phase-to-ground maximum transient overvoltage in per unit
5. Substituting the values of the various constants and solving
these equations for distance, IEEE Standard 516-2009 uses the following
equations to calculate the minimum air insulation distance:
For voltages less than or equal to 242 kV:
[GRAPHIC] [TIFF OMITTED] TP14SE09.002
For voltages more than 242 kV:
[GRAPHIC] [TIFF OMITTED] TP14SE09.003
Where:
DL L = the minimum air insulation distance (the minimum distance
needed to prevent sparkover with air alone as the insulating medium)
TL G = the phase-to-ground maximum transient overvoltage in per unit
VL L = the rms phase-to-phase system voltage
Tools in the air gap. The presence of an insulated tool in the air
gap reduces the air gap's dielectric strength. IEEE Standard 516-2009
generally gives two values for the electrical component of the minimum
approach distance: One in air (called MAID \12\) and one with a tool in
the air gap (called MTID \13\).\14\ Unlike the most recent edition of
the NESC,\15\ which uses the tool distance plus an ergonomic component
(0.31 or 0.61 meters) in setting minimum approach distances, IEEE
Standard 516-2009 does not provide either the tool distance or a means
of calculating it for phase-to-phase exposures. Section 4.5.2.3
justifies this as follows:
---------------------------------------------------------------------------
\12\ MAID is the minimum air insulation distance.
\13\ MTID is the minimum tool insulation distance.
\14\ IEEE Standard 516-2009 increases the electrical component
of the minimum approach distance by 10 percent (6 percent for the
tool and 4 percent for intangibles) before the saturation factor is
applied.
\15\ This document, NESC, ANSI C2-2007, is available for
inspection and copying in the Docket Office at the address listed in
the ADDRESSES section of this notice.
The definition of MTID applies only to line-to-ground
application. It is rare that a worker would be at the potential of
one phase while working on another phase. If a nonconductive object,
such as an insulated tool, is placed in the air gap joining two
phases, an engineering study should be performed. [Additional]
testing is required to develop a line-to-line MTID. If a line-to-
line MTID is required, the same factor as used in the line-to-ground
distance may be used. Industry practices normally use an MTID that
is the same as or greater than the MAID.
B. Minimum Approach Distances for Voltages Up to 72.5 kV
IEEE Standard 516-2009 contains a slightly revised methodology for
calculating minimum approach distances for voltages up to 72.5 kV. In
the past, IEEE Standard 516 calculated these distances using sparkover
distances in IEEE Standard 4-1995, which are based on 60-Hz rod-to-rod
sparkover voltages. The IEEE committee identified, in its view, two
problems with continuing to use these distances without further
adjustment. First, the distances are based on testing with 60-Hz
voltages, not transient impulses. The sparkover voltage for a given
distance is higher for a transient overvoltage than for an equal 60-Hz
voltage. Second, the voltages in IEEE Standard 4-1995 are sparkover
voltages, not withstand voltages. The withstand voltage for a given
distance is smaller than the corresponding sparkover voltage. Thus, the
two problems identified by the IEEE committee work in opposite
directions. The first one would decrease the minimum approach distance;
the second would increase it. IEEE Standard 516-2009 resolves both
problems with resultant minimum approach distances that are slightly
smaller than those in earlier editions. To overcome the first problem,
IEEE Standard 516-2009 applies an impulse test factor of 1.3 to convert
60-Hz sparkover voltage to the critical sparkover voltage for a
transient overvoltage. The standard then uses a 3[sigma] margin (0.85)
to convert the critical sparkover voltage to a withstand voltage. This
addresses the second problem.
Table 2 shows a comparison of the 60-Hz sparkover voltage with the
transient overvoltage withstand voltage for different rod-to-rod air
gaps. This table shows that a given air gap can withstand a somewhat
higher transient overvoltage than it can a 60-Hz voltage. The
relationship between the electrical component of the minimum approach
distance and the maximum transient overvoltage in this range is linear
and, in IEEE Standard 516-2009, is represented by the following linear
formula for phase-to-ground exposures:\16\
---------------------------------------------------------------------------
\16\ IEEE Standard 516 uses this equation for voltages more than
27.00 kV but less than or equal to 72.5 kV. For voltages less than
27.00 kV, IEEE Standard 516 uses a distance of 0.02 meters, with the
following explanation: ``When the TOVPeak is less than
27.00 kV, sufficient test data are not available to calculate the
MAID, which is less than 2 cm or 0.06 ft.''
[GRAPHIC] [TIFF OMITTED] TP14SE09.004
---------------------------------------------------------------------------
Where:
DM = Distance in meters
TOV = Maximum phase-to-ground transient overvoltage (peak)
The corresponding formula for phase-to-phase exposures is:
[GRAPHIC] [TIFF OMITTED] TP14SE09.005
Where:
DM = Distance in meters
TOV = Maximum phase-to-phase transient overvoltage (peak)
Table 2--Comparison of 60-Hz Sparkover With Transient Overvoltage
Withstand
------------------------------------------------------------------------
Gap
60-Hz rod- spacing
Impulse transient overvoltage rod-to-rod to-rod from IEEE
withstand (kV peak)* sparkover Std 4-1995
(kV peak) (cm)
------------------------------------------------------------------------
27.6.......................................... 25 2
39.8.......................................... 36 3
50.8.......................................... 46 4
58.6.......................................... 53 5
66.3.......................................... 60 6
77.4.......................................... 70 8
87.3.......................................... 79 10
95............................................ 86 12
105........................................... 95 14
115........................................... 104 16
123.8......................................... 112 18
132.6......................................... 120 20
158........................................... 143 25
184.5......................................... 167 30
212.2......................................... 192 35
240.9......................................... 218 40
268.5......................................... 243 45
298.4......................................... 270 50
355.8......................................... 322 60
------------------------------------------------------------------------
* The voltage in this column equals the voltage in the second column x
1.3 x 0.85.
[[Page 46962]]
C. Comparison of the Revised IEEE Minimum Approach Distances With
OSHA's Proposed Minimum Approach Distances
Table 3 compares OSHA's proposed minimum approach distances with
distances resulting from the application of the changes described
earlier in IEEE Standard 516-2009.
Table 3--Comparison of Minimum Approach Distances
----------------------------------------------------------------------------------------------------------------
Distance (m)
---------------------------------------------------
Phase-to-ground exposure Phase-to-phase exposure
---------------------------------------------------
Nominal voltage in kilovolts phase to phase* Proposed Proposed
IEEE 516- tables R-6 IEEE 516- tables R-6
2009 and V- 2009 and V-2
2[dagger] [dagger]
----------------------------------------------------------------------------------------------------------------
0.051 to 0.300.............................................. Avoid contact
Avoid contact
---------------------------------------------------
0.301 to 0.750.............................................. 0.32 0.31 0.32 0.31
0.751 to 15.0............................................... 0.64 0.65 0.67 0.67
15.1 to 36.0................................................ 0.73 0.77 0.84 0.86
36.1 to 46.0................................................ 0.79 0.84 0.94 0.96
46.1 to 72.5................................................ 0.89 1.00 1.15 1.20
72.6 to 121................................................. 1.01 0.95 1.37 1.29
138 to 145.................................................. 1.15 1.09 1.62 1.50
161 to 169.................................................. 1.29 1.22 1.88 1.71
230 to 242.................................................. 1.71 1.59 2.77 2.27
345 to 362.................................................. 2.75 2.59 4.32 3.80
500 to 550.................................................. 3.61 3.42 6.01 5.50
765 to 800.................................................. 4.82 4.53 8.87 7.91
----------------------------------------------------------------------------------------------------------------
* The voltage ranges correspond to those in OSHA's 2005 proposal. IEEE Standard 516-2009 has additional voltage
ranges below 72.5 kV and has one additional higher voltage range, 362.1 to 420 kV. The distances shown in this
table for IEEE Standard 516-2009 correspond to the minimum approach distance for the highest voltage in the
range.
[dagger] See 70 FR 34822, June 15, 2005.
As can be seen from Table 3, the IEEE's approach in the new version
of Standard 516 results in the following relative differences in
minimum distances:
(1) Phase-to-ground and phase-to-phase exposures at voltages from
751 volts to 72.5 kV. The minimum approach distances in IEEE Standard
516-2009 for voltages from 751 volts to 72.5 kV are approximately 10
percent smaller than the corresponding values in OSHA's 2005 proposal.
It should be noted that, at these voltages, the minimum approach
distances in both OSHA's proposal and IEEE Standard 516-2009 reflect
minimum air insulation distances, not minimum tool insulation
distances.
(2) Phase-to-phase exposures at 72.6 kV and higher. The revised
IEEE standard results in increases in minimum approach distances
compared to OSHA's 2005 proposal, with substantial increases at
voltages of 230 kV and higher.
(3) Phase-to-ground exposures at 72.6 kV and higher. Smaller
increases in the revised IEEE standard compared to OSHA's 2005 proposal
are evident for phase-to-ground exposures at voltages of 72.6 kV and
higher. The increased minimum approach distances are due to the IEEE's
use of minimum tool insulation distance rather than minimum air
insulation distance as the electrical component in determining the
minimum approach distance for phase-to-ground exposures.
D. Issues on Which Comment Is Requested
OSHA continues to support the text of its 2005 proposal and has not
yet come to any conclusions as to whether the minimum approach
distances in that proposal are based on faulty principles or
calculations. In light of IEEE's recently published revisions, OSHA is
reopening the record on the electric power generation, transmission,
and distribution standard to invite additional comments, evidence, and
data on the minimum approach distances proposed in 2005. In light of
the changes made in the new IEEE standard, OSHA is now seeking
additional public comment on the proposed minimum approach distances
for all voltages. OSHA is interested in public feedback on the proposed
minimum approach distances insofar as any party has specific comments
about perceived problems or concerns with the calculation methods
described in the 2005 proposal. The Agency strives to adopt a final
rule that is based on sound and up-to-date engineering and scientific
principles. Therefore, in developing the final rule based on these
principles, OSHA will review the comments received in response to this
notice, as well as evidence and other information gathered at the
public hearing and in any posthearing comment period, including
information provided in response to the following questions:
1. Should OSHA adopt minimum approach distances that are different
from those proposed in subpart V Tables V-2 through V-6 and proposed
Sec. 1910.269 Tables R-6 through R-10 and, if so, what criteria and
methodology are reasonably necessary to protect employees from hazards
associated with sparkover?
2. Is there any scientific basis for not extrapolating the
saturation factor, a, beyond the limits of the test data on which
earlier (that is, pre-2009) versions of IEEE Standard 516 relied? Is
there any test data that can be used to validate or invalidate the use
of extrapolated values for a?
3. Does the new IEEE methodology for calculating minimum approach
distances for phase-to-phase exposures at voltages of 72.6 kV and
higher represent employee exposure conditions better than the
methodology OSHA used to generate the minimum approach
[[Page 46963]]
distances in the 2005 proposal? In particular, is the use of conductor-
to-conductor test data modified with the use of a 3.3-meter floating
electrode preferable to the use of rod-to-rod test data for
representing the range of employee exposure conditions?
4. All of the minimum approach distances in the 2005 proposed rule
are based on the minimum air insulation distance. Should the minimum
approach distances for voltages of 72.6 kV and higher be based on the
minimum tool insulation distance, as is the case in the 2007 NESC?
Should the minimum approach distances for voltages of 72.5 kV and lower
also be based on the minimum tool insulation distance?
5. IEEE Standard 516-2009 does not provide minimum tool insulation
distances for phase-to-phase exposures. Using an insulated boom on the
top or middle conductor in a vertical configuration and using a live-
line rope in a similar position involve the use of an insulator across
the air gap between two phases. Are there any other situations in which
an insulator or a live-line tool is used between two phase conductors
during live-line work? If, in the final rule, OSHA bases minimum
approach distances on minimum tool insulation distances, but adopts
IEEE's methodology to calculate phase-to-phase minimum approach
distances, how, if at all, should the final rule address situations in
which insulation is present across the air gap?
6. Existing Sec. 1910.269 and OSHA's 2005 proposal set maximum
transient overvoltages of 3.0 per unit for voltages up to 362 kV, 2.4
per unit for voltages in the 552-kV range, and 2.0 per unit for
voltages in the 800-kV range. The committee and the electric utility
industry, as reflected in the NESC and earlier editions of IEEE
Standard 516, believed that these were the highest possible transient
overvoltages. However, IEEE Standard 516-2009 now recognizes that even
higher maximum per-unit transient overvoltages can exist. How, if at
all, should the final rule address the possibility of higher maximum
transient overvoltages given that the proposed rule did not address
this possibility?
7. In drafting the final rule, should OSHA include the 362.1- to
420-kV voltage range appearing in IEEE Standard 516-2009 in addition to
the voltage ranges in the proposed rule? Do any existing systems
operate at these voltages?
8. OSHA does not anticipate that revising the minimum approach
distances using one of the methods outlined in this notice will have a
substantial impact on compliance costs. However, the Agency realizes
that some companies might be affected by revised minimum approach
distances. Would revised minimum approach distances in accordance with
one or more of the methods described in this notice impose additional
compliance costs? If so, explain the reasons for these costs and the
frequency with which they will be incurred.
OSHA is reopening the record solely on issues related to minimum
approach distances. The record is not being reopened on any other
issue.
E. Informal Public Hearing
As previously noted, OSHA received a request to conduct a public
hearing from EEI in response to the October 2008 reopening notice (see
Document ID: OSHA-S215-2006-0063-0530). Based on this request, the
Agency is scheduling an informal public hearing to address the limited
issues related to the minimum approach distances described in this
notice. OSHA will make witnesses available at the hearing to provide
testimony and to take questions about the minimum approach distances
proposed in 2005. The Agency is relying on the public to provide
testimony and evidence on the strengths and weaknesses of the
principles, calculations, and minimum approach distances set forth in
IEEE Standard 516-2009. The public must use the following procedures to
participate in the hearing.
Informal public hearings--purpose, rules, and procedures. Pursuant
to section 6(b)(3) of the Occupational Safety and Health Act of 1970
(OSH Act) (29 U.S.C. 655), OSHA invites interested persons to
participate in this rulemaking by attending the public hearing and
providing oral testimony and documentary evidence on the limited issues
related to minimum approach distances raised in this notice. OSHA also
welcomes any data or other evidence that will assist the Agency in
developing a complete and accurate record on these issues.
The informal public hearing on minimum approach distances will be
held on October 28, 2009, from 9:30 a.m. to 1:30 p.m., ET, in Room
N3437A, B, and C at the U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210. An administrative law judge (ALJ)
will preside over the hearing and will be responsible for resolving any
procedural matters that arise.
The legislative history of Section 6 of the OSH Act, as well as
OSHA's rules governing public hearings (29 CFR 1911.15), establish the
purpose and procedures of informal public hearings. Although the
presiding officer of such hearings is an ALJ and questioning witnesses
is allowed on crucial issues, the proceeding is largely informal and
essentially legislative in purpose. Therefore, the hearing provides
interested persons with an opportunity to make oral presentations in
the absence of procedural restraints or rigid procedures that could
impede or protract the rulemaking process. In addition, the primary
purpose of the hearing is to gather information and clarify the record;
the hearing will be an informal administrative proceeding rather than
an adjudicative one in which the technical rules of evidence apply.
OSHA's rules governing public hearings and the prehearing guidelines
that the ALJ issues for the hearings will ensure fairness and due
process for participants, as well as facilitate the development of a
clear, accurate, and complete record. Accordingly, application of these
rules and guidelines will be such that questions of relevance,
procedure, and participation generally will be resolved in favor of
development of the record.
The conduct of the hearing will conform to OSHA's Rules of
Procedure for Promulgating, Modifying, or Revoking Occupational Safety
and Health Standards (29 CFR part 1911). The rules also specify that
the Assistant Secretary may, on reasonable notice, issue additional or
alternative procedures to expedite the proceedings, to provide greater
procedural protections to interested persons or to further any other
good cause consistent with applicable law (29 CFR 1911.4). Although the
ALJs who preside over the hearings make no decisions or recommendations
on the merits of OSHA proposed rules, they do have the responsibility
and authority necessary to ensure that the hearing progresses at a
reasonable pace and in an orderly manner and to ensure that interested
persons receive a full and fair hearing. Accordingly, ALJs have the
power to regulate the course of the proceedings; dispose of procedural
requests, objections, and comparable matters; confine presentations to
matters pertinent to the issues this reopening notice raises; use
appropriate means to regulate the conduct of persons present at the
hearing; question witnesses and permit others to do so; limit the time
for such questioning; and leave the record open for a reasonable time
after the hearing for the submission of additional data, evidence,
comments and arguments (29 CFR 1911.16).
Notice of intention to appear at the hearing. Interested persons
who intend
[[Page 46964]]
to participate in and provide oral testimony or documentary evidence at
the hearing must file a written notice of intention to appear by
October 1, 2009. To testify or question witnesses at the hearing,
interested persons must submit (transmit, postmark, or deliver) a
notice by October 1, 2009, providing the following information:
Name, address, and telephone number of each individual who
will give oral testimony;
Name of the establishment or organization each individual
represents, if any;
Occupational title and position of each individual
testifying;
Approximate amount of time required for each individual's
testimony;
A brief statement of the position each individual will
take with respect to the issues identified in this notice; and
A brief summary of documentary evidence each individual
intends to present.
OSHA emphasizes that the hearings are open to the public; however,
only individuals who file a notice of intention to appear may question
witnesses and participate fully at the hearing. If time permits, and at
the discretion of the ALJ, an individual who did not file a notice of
intention to appear may be allowed to testify at the hearing, but for
no more than 10 minutes.
Hearing testimony and documentary evidence. Individuals who request
more than 10 minutes to present their oral testimony at the hearing or
who will submit documentary evidence at the hearing must submit
(transmit, postmark, or deliver) the full text of their testimony and
all documentary evidence no later than October 15, 2009.
The Agency will review each submission and determine if the
information it contains warrants the amount of time the individual
requested for the presentation. If OSHA believes the requested time is
excessive, the Agency will allocate an appropriate amount of time for
the presentation and will notify the individual of that action, and the
reasons for that action, before the hearing. The Agency may limit to 10
minutes the presentation of any participant who fails to comply
substantially with these procedural requirements, and may request that
the participant return for questioning later. Before the hearing, OSHA
will notify all participants of the time the Agency is allowing for
their presentations and will provide them with prehearing guidelines
and a hearing schedule.
Certification of the hearing record and Agency final determination.
Following the close of the hearing and any posthearing comment periods,
the ALJ will certify the record to the Assistant Secretary of Labor for
Occupational Safety and Health. The record will consist of all of the
written comments, oral testimony, and documentary evidence received
during the proceeding. The ALJ, however, will not make or recommend any
decisions as to the content of the final standard. Following
certification of the record, OSHA will review the record and issue the
final rule based on the record as a whole.
List of Subjects in 29 CFR Parts 1910 and 1926
Electric power, Fire prevention, Hazardous substances, Occupational
safety and health, Safety.
Authority and Signature
This document was prepared under the direction of Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. It is issued pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
Secretary's Order 5-2007 (72 FR 31160), and 29 CFR part 1911.
Signed at Washington, DC, this 8th day of September 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-22002 Filed 9-11-09; 8:45 am]
BILLING CODE 4510-26-P
