Electrical Safety-Related Work Practices; Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Corrections, 60033-60040 [2015-25062]

Download as PDF Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC. (h) Additional Information (1) Airbus Helicopters Alert Service Bulletin No. AS332–05.01.02, Revision 0, dated July 22, 2015, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641–0000 or (800) 232–0323; fax (972) 641–3775; or at https:// www.airbushelicopters.com/techpub. You may review a copy of the service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. (2) The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2015–0153–E, dated July 24, 2015. You may view the EASA AD on the Internet at https://www.regulations.gov by searching for and locating it in Docket No. FAA–2015– 3877. (i) Subject Joint Aircraft Service Component (JASC) Code: 3060, Rotor De-Ice System. Issued in Fort Worth, Texas, on September 28, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2015–25217 Filed 10–2–15; 8:45 am] BILLING CODE 4910–13–P Background The Federal Aviation Administration (FAA) Flight Services is revising FAA Order JO 7930.2, Notices to Airmen (NOTAM), which is scheduled to become effective no later than December 15, 2015. The following paragraphs will be incorporated into the next revision of FAA Order JO 7930.2. Paragraph 4–2–1a–14, Start of Activity/End of Validity, is ‘‘a 10-digit date-time group (YYMMDDHHMM) used to indicate the time at which the NOT AM comes into force (the date/ time a condition will exist or begin) and the time at which the NOTAM ceases to be in force and becomes invalid (the expected return to service, return to normal status time, or the time the activity will end).’’ Paragraph 4–2–1a–14(a) further specifies, that if the NOTAM duration is expected to return to service prior to the End of Validity time, express the time by using a date- time group followed immediately by EST. The NOTAM Originator must cancel or replace any NOTAM that includes an EST before the NOTAM reaches its End of Validity time, as the NOTAM will now auto expire at the end of validity time, regardless of EST. Issued in Washington, DC, on September 23, 2015. Ernie Bilotto, Manager, U.S. NOTAMs. [FR Doc. 2015–25192 Filed 10–2–15; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration DEPARTMENT OF LABOR 14 CFR Chapter I Occupational Safety and Health Administration Change in EST Usage in Notice to Airmen (NOTAM) 29 CFR Parts 1910, 1926 Federal Aviation Administration (FAA), DOT. ACTION: Policy change. AGENCY: mstockstill on DSK4VPTVN1PROD with RULES [Docket Nos. S–016 (OSHA–S016–2006– 0646), OSHA–S215–2006–0063] This document provides clarity and guidance regarding the use of the contraction ‘‘EST’’, which stands for ‘‘Estimated’’, when appended to the end of validity time in a NOTAM. The FAA is taking this action to align NOTAM policy with International Civil Aviation Organization (ICAO) standards and recommended practices. DATES: Effective date: December 15, 2015. FOR FURTHER INFORMATION CONTACT: Gary Bobik (202–267–6524; gary.ctr.bobik@ faa.gov) or Lynette Jamison (540–422– 4761; lynette.m.jamison@faa.gov) SUPPLEMENTARY INFORMATION: SUMMARY: VerDate Sep<11>2014 16:55 Oct 02, 2015 Jkt 238001 BILLING CODE 4910–13–P RIN 1218–AA32, 1218–AB67 Electrical Safety-Related Work Practices; Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Corrections Occupational Safety and Health Administration (OSHA), Labor. ACTION: Correcting amendments. AGENCY: This document corrects the electrical safety-related work practices standard for general industry and the electric power generation, transmission, and distribution standards for general industry and construction to provide SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 60033 additional clarification regarding the applicability of the standards to certain operations, including some tree trimming work that is performed near (but that is not on or directly associated with) electric power generation, transmission, and distribution installations. This document also corrects minor errors in two minimum approach distance tables in the general industry and construction standards for electric power generation, transmission and distribution work. These correcting amendments are effective on October 5, 2015. DATES: FOR FURTHER INFORMATION CONTACT: General information and press inquiries: Mr. Frank Meilinger, Office of Communications, Room N3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–1999; email meilingerfrancis2@dol.gov. Technical information: Mr. William Perry, Directorate of Standards and Guidance, Room N3718, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–1950 or fax (202) 693–1678; email perry.bill@dol.gov. This document revises certain language in OSHA’s standards to reflect the Agency’s intent about the scope of two general industry standards. First, this document revises language that mistakenly could be read as suggesting that the general industry electric power generation, transmission, and distribution standard covers certain tree-trimming work that is performed near, but that is not on or directly associated with, electric power generation, transmission, and distribution installations. This was never OSHA’s intent; rather, OSHA intended that the general industry electrical safety-related work practices standard cover such work. Similarly, OSHA is correcting language in its general industry electrical safety-related work practices standard to make clear that the standard covers other work performed by qualified persons that is near, but not on or directly associated with, both electric power generation, transmission, and distribution installations and certain other types of installations. This notice also corrects minor errors in two minimum approach distance tables in the general industry and construction standards for electric power generation, transmission and distribution work. SUPPLEMENTARY INFORMATION: E:\FR\FM\05OCR1.SGM 05OCR1 60034 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations Background mstockstill on DSK4VPTVN1PROD with RULES On August 6, 1990, OSHA adopted a standard on electrical safety-related work practices for general industry (55 FR 31984).1 That standard is contained in §§ 1910.331 through 1910.335 in subpart S of 29 CFR part 1910. According to § 1910.331(a), that standard contains electrical safetyrelated work practices for both qualified persons 2 (those who have training in avoiding the electrical hazards of working on or near exposed energized parts) and unqualified persons (those with little or no such training) working on, near, or with certain electrical installations (not including electric power generation, transmission, and distribution installations). Paragraph (c) of § 1910.331 excludes from the scope of the electrical safety-related work practices standard work by qualified persons ‘‘on or directly associated with’’ certain installations, including installations for the generation, transmission, and distribution of electric energy (§ 1910.331(c)(1)).3 When the Agency promulgated the electrical safety-related work practices standard in 1990, OSHA did not define ‘‘work directly associated with’’ generation, transmission, or distribution installations. However, Note 2 to § 1910.331(c)(1) gave two examples of such work: line-clearance tree trimming and replacing utility poles. OSHA defined ‘‘line-clearance tree trimming,’’ at 29 CFR 1910.399 in subpart S, as the pruning, trimming, repairing, maintaining, removing, or clearing of trees or cutting of brush that is within 305 cm (10 feet) of electric supply lines and equipment. On January 31, 1994, OSHA issued a new standard, § 1910.269, addressing work practices to be used during the operation and maintenance of electric power generation, transmission, and distribution lines and equipment, including, specifically, line-clearance 1 The Docket number, as listed on the original final rule, was S–016. The corresponding Docket ID on Regulations.gov is OSHA–S016–2006–0646 (https://www.regulations.gov/#!docketBrowser;rpp= 50;so=ASC;sb=docId;po=50;D=OSHA-S016-20060646). 2 Subpart S, in § 1910.399, defines ‘‘qualified person’’ as someone who has received training in and has demonstrated skills and knowledge in the construction and operation of electric equipment and installations and the hazards involved. In addition, §§ 1910.332(b)(3) and 1910.333(c)(2) require qualified persons to have specialized skills and training before OSHA considers them to be qualified. 3 Paragraph (b) of § 1910.331 provides that the electrical safety-related work practice requirements in §§ 1910.331 through 1910.335 apply to work performed by unqualified persons on, near, or with the installations listed in paragraph (c). VerDate Sep<11>2014 16:55 Oct 02, 2015 Jkt 238001 tree-trimming operations (59 FR 4320).4 The 1994 final rule: adopted a definition of ‘‘line-clearance tree trimming’’ in § 1910.269(x) that mirrored the definition of that term in § 1910.399, redesignated Note 2 to § 1910.331(c)(1) (which provided examples of the types of work that are excluded from the electrical safety-related work practices standard because they are directly associated with electric power generation, transmission, or distribution installations) as Note 3, and added a sentence to that note stating that work within the scope of the note is covered by § 1910.269.5 On April 11, 2014, OSHA revised § 1910.269, as well as subpart V of part 1926, which contains corresponding requirements for the construction of electric power transmission and distribution lines and equipment (79 FR 20316). The 2014 final rule revised the definition of ‘‘line-clearance tree trimming’’ in § 1910.269(x) to include the pruning, trimming, repairing, maintaining, removing, or clearing of trees, or the cutting of brush, that is within the following distance of electric supply lines and equipment: (1) For voltages to ground of 50 kilovolts or less—3.05 meters (10 feet) and (2) for voltages to ground of more than 50 kilovolts—3.05 meters (10 feet) plus 0.10 meters (4 inches) for every 10 kilovolts over 50 kilovolts. The revision expanded the definition to include work on trees and brush that were farther away from electric power lines and equipment when the voltage was more than 50 kilovolts. The 2014 final rule also revised Note 3 to § 1910.331(c)(1) to reference the definition of ‘‘lineclearance tree trimming’’ in § 1910.269(x) and deleted the corresponding definition from § 1910.399. Need for Correcting Amendment After OSHA promulgated the 2014 revisions to § 1910.269, tree care industry representatives raised questions that led the Agency to believe that the industry was unclear about the application of § 1910.269 with respect to certain tree-trimming work. As a result, 4 Paragraph (a)(1)(i) of § 1910.269 states that the standard covers the operation and maintenance of electric power generation, control, transformation, transmission, and distribution lines and equipment. Paragraph (a)(1)(i)(E) lists line-clearance treetrimming operations as work to which the standard applies. 5 The Docket number, as listed on the original final rule, was S–015. The corresponding Docket ID on Regulations.gov is OSHA–S015–2006–0645 (https://www.regulations.gov/#!docketBrowser;rpp= 25;so=ASC;sb=docId;po=0;dct=N%252BFR% 252BPR%252BO%252BSR%252BPS;D=OSHA-S015 -2006-0645). PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 OSHA examined the relevant regulatory language in the general industry standards on electrical safety-related work practices (subpart S) and on electric power generation, transmission, and distribution work (§ 1910.269). The Agency’s review led to two conclusions: (1) Revisions to § 1910.269 are necessary to clarify that certain types of tree trimming meeting the definition of ‘‘line-clearance tree trimming’’ are not covered by that standard; and (2) revisions to § 1910.331 (in subpart S) are necessary to clarify that the electrical safety-related work practices in §§ 1910.331 through 1910.335 apply to tree-trimming work that may meet the definition of ‘‘line-clearance tree trimming’’ when that work is not on or directly associated with electric power generation, transmission, and distribution or other installations listed in § 1910.331(c) and, more generally, to work performed by qualified employees when that work is near, but not on or directly associated with, installations listed in § 1910.331(c). Tree trimming: As noted earlier in this document, when the Agency adopted the electrical safety-related work practices standard in 1990, OSHA listed line-clearance tree trimming and replacing utility poles as examples of types of work that are directly associated with electric power generation, transmission, and distribution installations and, therefore, excluded from subpart S when performed by a qualified person (as ‘‘qualified person’’ is defined in § 1910.399). However, OSHA was imprecise in its description of these examples. Although clearing trees and brush around power lines and replacing utility poles are usually tasks that are directly associated with a power line, that is not always the case. For example, an employee could be trimming trees away from telephone or cable television lines that happen to be near an electric power line. This type of tree trimming, which meets the definition of lineclearance tree trimming in § 1910.269(x), is work directly associated with communications lines, not electric power lines, and is covered by § 1910.268, not § 1910.269.6 Similarly, a telecommunications firm replacing a utility pole supporting communications lines is performing work directly associated with the communications lines, not with any electric power lines that also happen to be supported by the pole but that are not 6 Under § 1910.331(c)(2), line-clearance tree trimming to clear space around communications lines is exempt from §§ 1910.331 through 1910.335 when performed by qualified persons. E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES transferred to the new pole by the firm. OSHA intended the examples in Note 3 to § 1910.331(c)(1) to illustrate types of work that generally (but not always) would be directly associated with electric power generation, transmission, and distribution lines. The Agency did not intend for those examples to be dispositive of the question of whether any particular activity is directly associated with those installations. Furthermore, the current definition of ‘‘line-clearance tree trimming’’ in § 1910.269(x) makes the location of the tree or brush the key determining factor in deciding whether a trimming activity is line-clearance tree trimming. Consequently, any trimming or other maintenance of any tree or brush that is within the specified distances of an electric power line is line-clearance tree trimming, irrespective of the purpose of the activity or the occupation of the worker. Notwithstanding this definition, the only line-clearance tree trimming OSHA intended § 1910.269 to cover is line-clearance tree trimming performed: (1) For the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and (2) on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipment. For example, a crew trimming trees at a residence or commercial facility for aesthetic purposes would be performing work meeting the current definition of ‘‘lineclearance tree trimming’’ while trimming any tree that is within the specified distance of a power line. Yet, in most cases, OSHA would consider this work to be incidental line-clearance tree trimming 7 that is not directly associated with an electric power generation, transmission, or distribution line. When initially promulgating the electrical safety-related work practices standard in 1990, the Agency did not intend such incidental line-clearance tree trimming to be included in the exemption in § 1910.331(c)(1). When OSHA adopted § 1910.269 in 1994, and revised that standard in 2014, the Agency proceeded on the understanding that such incidental line-clearance tree trimming was covered by subpart S; thus, OSHA did not intend to cover that work under § 1910.269, even though it is now apparent that the definition of 7 Throughout this preamble, OSHA refers to any tree trimming activities performed on a tree or brush that is closer to an electric power generation, transmission, or distribution line or equipment than the distances specified in the definition of ‘‘lineclearance tree trimming’’ in existing § 1910.269(x) as ‘‘incidental line-clearance tree trimming’’ when the tree trimming activities are not directly associated with the lines or equipment. VerDate Sep<11>2014 16:55 Oct 02, 2015 Jkt 238001 ‘‘line-clearance tree trimming’’ in § 1910.269(x), which was adopted in 1994, and revised in 2014, did not make this intent clear.8 The Agency’s economic analyses for the 1994 and 2014 rulemakings reflect that OSHA did not intend to cover incidental line-clearance tree trimming under § 1910.269. The regulatory impact assessment for the 1994 final rule indicated that § 1910.269 ‘‘will cover . . . contract line-clearance tree trimmers’’ (59 FR 4431, emphasis added), meaning ‘‘contractors [that] perform tree trimming for electric utilities’’ (OSHA–S015–2006–0645– 0008 9). And OSHA based the 2014 analysis on the continued assumption that the rule would cover contract lineclearance tree-trimming firms (in other words, contractors that perform tree trimming on behalf of a utility or other organization that operates, or controls the operating procedures for, covered electric power lines and equipment) only. In the 2014 analysis, OSHA relied on 2002 estimates from the National Arborist Association (now known as the Tree Care Industry Association) that 90 8 During the rulemaking that led to the promulgation of the electrical safety-related work practices standard in Subpart S in 1990, the National Arborist Association expressed concern that the exemption in § 1910.331(c)(1) for work performed by qualified employees on or directly associated with electric power generation, transmission, and distribution installations was not specific enough. That organization recommended that line-clearance tree trimming be separated from the ‘‘directly associated with’’ electric power installations test and exempted through a specified exclusion for tree trimming performed by qualified employees near overhead power lines (Docket ID OSHA–S016–2006–0646–0084). OSHA rejected that recommendation and instead adopted the note stating that line-clearance tree trimming is an example of work directly associated with electric power generation, transmission, and distribution installations (55 FR 31997). In discussing the note in the preamble to the 1990 rule, OSHA rejected an assertion from the National Arborist Association that the exemption in § 1910.331(c)(1) would exempt only work performed on behalf of the owner or operator of the overhead lines (55 FR 31997). OSHA recognizes that this discussion in the 1990 preamble may have been misleading with respect to the Agency’s intent, which was stated more clearly elsewhere in the same notice when OSHA noted that line-clearance tree trimming contractors (usually hired by electric utilities) would be covered under § 1910.269 and that residential contractors (usually hired by homeowners or businesses other than electric utilities) would be covered by the electrical safety-related work practice requirements in subpart S (55 FR 31997). This correcting amendment is designed to provide clarification that should resolve any confusion resulting from imprecision in the 1990 subpart S preamble. 9 This number is the document ID for ‘‘Preparation of an Economic Impact Study for the Proposed OSHA Regulation Covering Electric Power Generation, Transmission, and Distribution,’’ a report prepared by Eastern Research Group, Inc. that formed the basis for OSHA’s economic analysis for the 1994 final rule. This document is available at https://www.regulations.gov. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 60035 percent of large establishments, and 2 percent of small establishments, that perform ornamental shrub and tree services are involved in line-clearance tree trimming covered by § 1910.269 (79 FR 20564). Thus, the 2014 analysis did not account for a large percentage of establishments that perform ornamental shrub and tree care services, even though, in all likelihood, the majority, if not all, of these establishments perform at least some work meeting the definition of line-clearance tree trimming. Thus, OSHA concludes that the language in the existing standards does not accurately convey the Agency’s intent with respect to tree-trimming activities that meet the definition of ‘‘line-clearance tree trimming,’’ but that are not directly associated with electric power generation, transmission, or distribution lines or equipment. Subpart S coverage of work by qualified employees that is near, but not on or directly associated with, electric power generation, transmission, or distribution installations. Paragraph (a) of § 1910.331 describes work by both qualified and unqualified persons that is covered by the electrical safety-related work practices at §§ 1910.331 through 1910.335. Paragraph (b) of § 1910.331 states that the electrical safety-related work practices at §§ 1910.331 through 1910.335 apply to work performed by unqualified persons on, near, or with certain installations (including electric power generation, transmission, and distribution installations) listed in § 1910.331(c)(1) through (c)(4). And the introductory text to § 1910.331(c) states that the electrical safety-related work practices at §§ 1910.331 through 1910.335 do not apply to work performed by qualified persons on or directly associated with the installations (including electric power generation, transmission, and distribution installations) listed in § 1910.331(c)(1) through (c)(4). Section 1910.331 does not state explicitly that the electrical safety-related work practices in subpart S do apply to work performed by qualified persons near, but not on or directly associated with, electric power generation, transmission, and distribution installations, although other parts of the standard make clear that OSHA intended to cover this type of work in subpart S. For example, § 1910.333(c)(3)(ii) contains requirements for qualified persons working in the vicinity of overhead lines. As virtually all overhead lines at the voltages addressed by this E:\FR\FM\05OCR1.SGM 05OCR1 60036 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations provision 10 are electric power generation, transmission, or distribution lines, it is evident that OSHA intended to cover work by qualified persons performed near, but not on or directly associated with, electric power generation, transmission, or distribution installations. Therefore, OSHA concludes that the scope provisions in § 1910.331 do not accurately explain the applicability of the electrical safety-related work practices at §§ 1910.331 through 1910.335 to qualified persons performing work near, but not on or directly associated with, the installations listed in § 1910.331(c)(1) through (c)(4), including electric power generation, transmission, and distribution installations. Description of Correcting Amendment mstockstill on DSK4VPTVN1PROD with RULES To clarify what work is covered by the general industry standards on electric power generation, transmission, and distribution work and on electrical safety-related work practices, OSHA is taking the following actions: 1. Expressly limiting the scope of § 1910.269 as it relates to line-clearance tree trimming by revising § 1910.269(a)(1)(i)(E) to state explicitly that the standard applies to lineclearance tree trimming only to the extent it is performed for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipment. 2. Adding a note to the definition of ‘‘line-clearance tree trimming’’ in § 1910.269(x), with corresponding revisions to Note 2 to the definition of ‘‘line-clearance tree trimmer,’’ to explain that: (1) The scope of § 1910.269 limits the application of the standard to line-clearance tree trimming as noted in § 1910.269(a)(1)(i)(E); and (2) tree trimming that is performed on behalf of a homeowner or commercial entity other than an organization that operates, or that controls the operating procedures for, electric power generation, transmission, or distribution lines or equipment, or that is not for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment, is 10 Paragraph (c)(3)(ii) of § 1910.333 generally requires qualified persons to maintain the minimum approach distances shown in Table S–5 from overhead lines. Table S–5 lists approach distances for various voltages up to 140 kilovolts. The highest voltage on electric utilization systems (which are covered by subpart S as indicated in Notes 1 and 2 to § 1910.331(c)(1)) is generally about 4 kilovolts. VerDate Sep<11>2014 16:55 Oct 02, 2015 Jkt 238001 not directly associated with an electric power generation, transmission, or distribution installation and is not covered by § 1910.269. 3. Revising Appendix A–3 to § 1910.269 to reflect the clarifications in this correcting amendment.11 4. Replacing terms such as ‘‘lineclearance tree-trimming operations’’ and ‘‘line-clearance tree-trimming work’’ wherever they appear in § 1910.269 and subpart V of part 1926 with ‘‘lineclearance tree trimming’’ and revising § 1926.950(a)(3) to correspond to the changes to § 1910.269(a)(1)(i)(E), noted earlier.12 5. Referencing the scope of § 1910.269 in Note 3 to § 1910.331(c)(1). 6. In § 1910.331(b), adding language clarifying that the electrical safetyrelated work practices in subpart S cover qualified persons performing work near, but not on or directly associated with, installations listed in § 1910.331(c)(1) through (c)(4). OSHA is also correcting minor errors in Table R–6 of § 1910.269 and in Table V–5 of subpart V of part 1926. Table R– 3 of § 1910.269 and Table V–2 of subpart V, which contain equations for employers to use to establish minimum approach distances from energized parts of electric circuits, set the minimum approach distance for 50 to 300 volts as ‘‘avoid contact.’’ Using the equations in Table R–3 and Table V–2, Table R–6 and Table V–5 provide default minimum approach distances for voltage ranges up to 72.5 kilovolts. The latter two tables erroneously list the first voltage range as 0.50 to 0.300 kilovolts. The correct voltage range is 0.050 to 0.300 kilovolts. In addition, the word ‘‘to’’ is missing between the voltages in the first voltage range in Table V–5. Accordingly, OSHA is correcting Table R–6 and Table V–5 in this document. Exemption From Notice-and-Comment Procedures OSHA determined that this correcting amendment is not subject to the requirements and procedures for public notice and comment specified in the Administrative Procedure Act (5 U.S.C. 553(b)) and the Occupational Safety and 11 In addition, OSHA is moving the note referring to requirements for manholes and underground vaults at the bottom of Appendix A–3 to Appendix A–5 (relating to enclosed spaces), which is the appendix to which that note applies. 12 Specifically, OSHA is revising relevant language in § 1926.950(a)(3) to reflect that § 1910.269 applies to line-clearance tree trimming only to the extent it is performed for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipment. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Health Act of 1970 (29 U.S.C. 655). See 29 CFR 1911.5 (Minor changes in standards). This action does not affect or change any existing rights or obligations, and no interested party is likely to object to the minor amendments being made to 29 CFR 1910.269, 29 CFR 1910.331, or 29 CFR part 1926, subpart V. Therefore, the Agency finds good cause for foregoing public notice and comment. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210, authorized the preparation of this document. This action is taken pursuant to sections 3704 et seq., Public Law 107– 217, 116 STAT. 1062, (40 U.S.C. 3704 et seq.); sections 4, 6, and 8, Public Law 91–596, 84 STAT. 1590 (29 U.S.C. 653, 655, 657), Secretary of Labor’s Order No. 1–2012 (77 FR 3912 (Jan. 25, 2012)), and 29 CFR part 1911. Signed at Washington, DC, on September 28, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. The Occupational Safety and Health Administration amends parts 1910 and 1926 of title 29 of the Code of Federal Regulations as follows: PART 1910—[AMENDED] Subpart R—Special Industries 1. The authority citation for subpart R of part 1910 continues to read as follows: ■ Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 5–2007 (72 FR 31159), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. * * * * * 2. Amend § 1910.269 by: a. Removing the terms ‘‘line-clearance tree-trimming operations,’’ ‘‘lineclearance tree trimming operations,’’ ‘‘line-clearance tree-trimming work,’’ and ‘‘line-clearance tree trimming work’’ in paragraphs (a)(1)(i)(E) introductory text, (a)(1)(i)(E)(1) and (2), (a)(1)(ii)(A), (b)(1)(i), (r) subject heading and introductory text, (r)(1)(vi), and in the Note to paragraph (r)(1)(vi), and adding, in their place the term ‘‘lineclearance tree trimming’’; ■ b. Revising paragraph (a)(1)(i)(E); ■ c. In Table R–6, first entry, removing ‘‘0.50’’ and adding in its place ‘‘0.050’’; ■ ■ E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations d. Revising paragraph (r) introductory text; ■ e. In paragraph (x), revising Note 2 to the definition of ‘‘line-clearance tree trimmer’’ and adding a note to the definition of ‘‘line-clearance tree trimming’’; and ■ f. Revising appendices A–3 and A–5. The revisions and addition read as follows: ■ § 1910.269 Electric power generation, transmission, and distribution. mstockstill on DSK4VPTVN1PROD with RULES (a) * * * (1) * * * (i) * * * (E) Line-clearance tree trimming performed for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipment, as follows: (1) Entire § 1910.269, except paragraph (r)(1) of this section, applies to line-clearance tree trimming covered by the introductory text to paragraph (a)(1)(i)(E) of the section when performed by qualified employees (those who are knowledgeable in the construction and operation of the electric power generation, transmission, or distribution equipment involved, along with the associated hazards). (2) Paragraphs (a)(2), (a)(3), (b), (c), (g), (k), (p), and (r) of this section apply to VerDate Sep<11>2014 16:55 Oct 02, 2015 Jkt 238001 line-clearance tree trimming covered by the introductory text to paragraph (a)(1)(i)(E) of this section when performed by line-clearance tree trimmers who are not qualified employees. * * * * * (r) Line-clearance tree trimming. This paragraph provides additional requirements for line-clearance tree trimming and for equipment used in this type of work. * * * * * (x) * * * Line-clearance tree trimmer. * * * Note 2 to the definition of ‘‘line-clearance tree trimmer’’: A line-clearance tree trimmer is not considered to be a ‘‘qualified employee’’ under this section unless he or she has the training required for a qualified employee under paragraph (a)(2)(ii) of this section. However, under the electrical safetyrelated work practices standard in Subpart S of this part, a line-clearance tree trimmer is considered to be a ‘‘qualified employee.’’ Tree trimming performed by such ‘‘qualified employees’’ is not subject to the electrical safety-related work practice requirements contained in §§ 1910.331 through 1910.335 when it is directly associated with electric power generation, transmission, or distribution lines or equipment. (See § 1910.331 for requirements on the applicability of the electrical safety-related work practice requirements contained in §§ 1910.331 through 1910.335 to lineclearance tree trimming performed by such ‘‘qualified employees,’’ and see the note PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 60037 following § 1910.332(b)(3) for information regarding the training an employee must have to be considered a qualified employee under §§ 1910.331 through 1910.335.) Line-clearance tree trimming. * * * Note to the definition of ‘‘line-clearance tree trimming’’: This section applies only to line-clearance tree trimming performed for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipment. See paragraph (a)(1) of this section. Tree trimming performed on behalf of a homeowner or commercial entity other than an organization that operates, or that controls the operating procedures for, electric power generation, transmission, or distribution lines or equipment is not directly associated with an electric power generation, transmission, or distribution installation and is outside the scope of this section. In addition, tree trimming that is not for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment is not directly associated with an electric power generation, transmission, or distribution installation and is outside the scope of this section. Such tree trimming may be covered by other applicable standards. See, for example, §§ 1910.268 and 1910.331 through 1910.335. * E:\FR\FM\05OCR1.SGM * * 05OCR1 * * 60038 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations Appendix A-3-Application of §1910.269 and Subpart S of this Part to Tree Trimming Is the tree within 3.05 meters (I 0 feet) 1 of an overhead power line? NO Section 191 0.269 does not apply. Subpart S may apply. YES ' Is the work for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipmend NO ... Section 191 0.269 does not apply. Subpart S may apply. YES ' Is the employee a line-clearance tree trimmer as defined in §191 0.269(x)? NO , Subpart S applies. (See § 191 0.333(c)(3)(i).) YES ' Section 191 0.269 applies. (See §191 0.269(a)( I)(i) (E).) VerDate Sep<11>2014 3.05 meters (1 0 feet) plus 0.1 meters (4 inches) for every 10 kilovolts over 50 kilovolts. 16:55 Oct 02, 2015 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4725 E:\FR\FM\05OCR1.SGM 05OCR1 ER05OC15.000</GPH> mstockstill on DSK4VPTVN1PROD with RULES 1 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations 3. The authority citation for subpart S of part 1910 continues to read as follows: ■ Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. 8–76 (41 FR 25059), 1–90 (55 FR 9033), 5–2002 (67 FR 65008), 5–2007 (72 FR 31160), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. * * * * ■ 4. Amend § 1910.331 by revising paragraph (b) and Note 3 to paragraph (c)(1) to read as follows: mstockstill on DSK4VPTVN1PROD with RULES * § 1910.331 Scope. * * * * * (b) Other covered work. The provisions of §§ 1910.331 through 1910.335 also cover: (1) Work performed by unqualified persons on, near, or with the VerDate Sep<11>2014 16:55 Oct 02, 2015 Jkt 238001 installations listed in paragraphs (c)(1) through (4) of this section; and (2) Work performed by qualified persons near the installations listed in paragraphs (c)(1) through (c)(4) of this section when that work is not on or directly associated with those installations. (c) * * * (1) * * * Note 3 to paragraph (c)(1): Work on or directly associated with generation, transmission, or distribution installations includes: (1) Work performed directly on such installations, such as repairing overhead or underground distribution lines or repairing a feed-water pump for the boiler in a generating plant. (2) Work directly associated with such installations, such as line-clearance tree trimming and replacing utility poles, when that work is covered by § 1910.269 (see § 1910.269(a)(1)(i)(D) and (E) and the PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 definition of ‘‘line-clearance tree trimming’’ in § 1910.269(x)). (3) Work on electric utilization circuits in a generating plant provided that: (A) Such circuits are commingled with installations of power generation equipment or circuits, and (B) The generation equipment or circuits present greater electrical hazards than those posed by the utilization equipment or circuits (such as exposure to higher voltages or lack of overcurrent protection). This work is covered by § 1910.269. * * * * * PART 1926—[AMENDED] Subpart V—Electric power transmission and distribution 5. The authority citation for subpart V of part 1926 continues to read as follows: ■ E:\FR\FM\05OCR1.SGM 05OCR1 ER05OC15.001</GPH> Subpart S—Electrical 60039 60040 Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. 1–2012 (77 FR 3912); and 29 CFR part 1911. 6. In § 1926.950, revise paragraph (a)(3) to read as follows: ■ § 1926.950 General. (a) * * * (3) Applicable part 1910 requirements. (i) Line-clearance tree trimming performed for the purpose of clearing space around electric power generation, transmission, or distribution lines or equipment and on behalf of an organization that operates, or that controls the operating procedures for, those lines or equipment shall comply with § 1910.269 of this chapter. (ii) Work involving electric power generation installations shall comply with § 1910.269 of this chapter. * * * * * § 1926.960 [Amended] 7. In § 1926.960, in Table V–5, first entry, remove ‘‘0.50’’ and add in its place ‘‘0.050 to’’. ■ [FR Doc. 2015–25062 Filed 10–2–15; 8:45 am] BILLING CODE 4510–26–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0510; FRL–9934–04– Region 9] Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). These revisions largely concern volatile organic compound (VOC) emissions SUMMARY: from graphic arts facilities and aerospace assembly and coating operations. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). These revisions also address rescission of two rules no longer required, and administrative revisions to the emergency episode plan requirements. DATES: This rule is effective on December 4, 2015 without further notice, unless the EPA receives adverse comments by November 4, 2015. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number [EPA–R09– OAR–2015–0510, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. Email: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. www.regulations.gov is an ‘‘anonymous access’’ system, and the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to the EPA, your email address will be automatically captured and included as part of the public comment. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: Generally, documents in the docket for this action are available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Vanessa Graham, EPA Region IX, (415) 947–4120 graham.vanessa@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rules and rule revisions? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations To Further Improve These Rules D. Public Comment and Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this action with the dates that they were amended or rescinded by AVAQMD and submitted by the California Air Resources Board (CARB). Table 2 provides Federal Register dates and citations for when the EPA approved into the SIP the two rules that are now being rescinded. TABLE 1—SUBMITTED RULES mstockstill on DSK4VPTVN1PROD with RULES Local agency Rule No. Rule title AVAQMD .............. AVAQMD .............. 701 1110 AVAQMD .............. AVAQMD .............. AVAQMD .............. 1124 1128 1130 VerDate Sep<11>2014 16:55 Oct 02, 2015 Rescinded Amended Air Pollution Emergency Contingency Actions ...................................... Emissions from Stationary Internal Combustion Engines (Demonstration). Aerospace Assembly and Component Manufacturing Operations ....... Paper, Fabric and Film Coating Operations ......................................... Graphic Arts .......................................................................................... .................. 01/15/13 04/15/14 .................. 11/06/14 05/13/14 .................. 11/19/13 .................. 08/20/13 .................. 11/19/13 05/13/14 05/13/14 05/13/14 Jkt 238001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1 Submitted

Agencies

[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Rules and Regulations]
[Pages 60033-60040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25062]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1926

[Docket Nos. S-016 (OSHA-S016-2006-0646), OSHA-S215-2006-0063]
RIN 1218-AA32, 1218-AB67


Electrical Safety-Related Work Practices; Electric Power 
Generation, Transmission, and Distribution; Electrical Protective 
Equipment; Corrections

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Correcting amendments.

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SUMMARY: This document corrects the electrical safety-related work 
practices standard for general industry and the electric power 
generation, transmission, and distribution standards for general 
industry and construction to provide additional clarification regarding 
the applicability of the standards to certain operations, including 
some tree trimming work that is performed near (but that is not on or 
directly associated with) electric power generation, transmission, and 
distribution installations. This document also corrects minor errors in 
two minimum approach distance tables in the general industry and 
construction standards for electric power generation, transmission and 
distribution work.

DATES: These correcting amendments are effective on October 5, 2015.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries: Mr. Frank Meilinger, Office of Communications, Room N3647, 
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone (202) 693-1999; email 
meilingerfrancis2@dol.gov.
    Technical information: Mr. William Perry, Directorate of Standards 
and Guidance, Room N3718, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-1950 
or fax (202) 693-1678; email perry.bill@dol.gov.

SUPPLEMENTARY INFORMATION: This document revises certain language in 
OSHA's standards to reflect the Agency's intent about the scope of two 
general industry standards. First, this document revises language that 
mistakenly could be read as suggesting that the general industry 
electric power generation, transmission, and distribution standard 
covers certain tree-trimming work that is performed near, but that is 
not on or directly associated with, electric power generation, 
transmission, and distribution installations. This was never OSHA's 
intent; rather, OSHA intended that the general industry electrical 
safety-related work practices standard cover such work. Similarly, OSHA 
is correcting language in its general industry electrical safety-
related work practices standard to make clear that the standard covers 
other work performed by qualified persons that is near, but not on or 
directly associated with, both electric power generation, transmission, 
and distribution installations and certain other types of 
installations.
    This notice also corrects minor errors in two minimum approach 
distance tables in the general industry and construction standards for 
electric power generation, transmission and distribution work.

[[Page 60034]]

Background

    On August 6, 1990, OSHA adopted a standard on electrical safety-
related work practices for general industry (55 FR 31984).\1\ That 
standard is contained in Sec. Sec.  1910.331 through 1910.335 in 
subpart S of 29 CFR part 1910. According to Sec.  1910.331(a), that 
standard contains electrical safety-related work practices for both 
qualified persons \2\ (those who have training in avoiding the 
electrical hazards of working on or near exposed energized parts) and 
unqualified persons (those with little or no such training) working on, 
near, or with certain electrical installations (not including electric 
power generation, transmission, and distribution installations). 
Paragraph (c) of Sec.  1910.331 excludes from the scope of the 
electrical safety-related work practices standard work by qualified 
persons ``on or directly associated with'' certain installations, 
including installations for the generation, transmission, and 
distribution of electric energy (Sec.  1910.331(c)(1)).\3\
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    \1\ The Docket number, as listed on the original final rule, was 
S-016. The corresponding Docket ID on Regulations.gov is OSHA-S016-
2006-0646 (https://www.regulations.gov/#!docketBrowser;rpp=50;so=ASC;sb=docId;po=50;D=OSHA-S016-2006-0646).
    \2\ Subpart S, in Sec.  1910.399, defines ``qualified person'' 
as someone who has received training in and has demonstrated skills 
and knowledge in the construction and operation of electric 
equipment and installations and the hazards involved. In addition, 
Sec. Sec.  1910.332(b)(3) and 1910.333(c)(2) require qualified 
persons to have specialized skills and training before OSHA 
considers them to be qualified.
    \3\ Paragraph (b) of Sec.  1910.331 provides that the electrical 
safety-related work practice requirements in Sec. Sec.  1910.331 
through 1910.335 apply to work performed by unqualified persons on, 
near, or with the installations listed in paragraph (c).
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    When the Agency promulgated the electrical safety-related work 
practices standard in 1990, OSHA did not define ``work directly 
associated with'' generation, transmission, or distribution 
installations. However, Note 2 to Sec.  1910.331(c)(1) gave two 
examples of such work: line-clearance tree trimming and replacing 
utility poles. OSHA defined ``line-clearance tree trimming,'' at 29 CFR 
1910.399 in subpart S, as the pruning, trimming, repairing, 
maintaining, removing, or clearing of trees or cutting of brush that is 
within 305 cm (10 feet) of electric supply lines and equipment.
    On January 31, 1994, OSHA issued a new standard, Sec.  1910.269, 
addressing work practices to be used during the operation and 
maintenance of electric power generation, transmission, and 
distribution lines and equipment, including, specifically, line-
clearance tree-trimming operations (59 FR 4320).\4\ The 1994 final 
rule: adopted a definition of ``line-clearance tree trimming'' in Sec.  
1910.269(x) that mirrored the definition of that term in Sec.  
1910.399, redesignated Note 2 to Sec.  1910.331(c)(1) (which provided 
examples of the types of work that are excluded from the electrical 
safety-related work practices standard because they are directly 
associated with electric power generation, transmission, or 
distribution installations) as Note 3, and added a sentence to that 
note stating that work within the scope of the note is covered by Sec.  
1910.269.\5\
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    \4\ Paragraph (a)(1)(i) of Sec.  1910.269 states that the 
standard covers the operation and maintenance of electric power 
generation, control, transformation, transmission, and distribution 
lines and equipment. Paragraph (a)(1)(i)(E) lists line-clearance 
tree-trimming operations as work to which the standard applies.
    \5\ The Docket number, as listed on the original final rule, was 
S-015. The corresponding Docket ID on Regulations.gov is OSHA-S015-
2006-0645 (https://www.regulations.gov/#!docketBrowser;rpp=25;so=ASC;sb=docId;po=0;dct=N%252BFR%252BPR%252BO
%252BSR%252BPS;D=OSHA-S015-2006-0645).
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    On April 11, 2014, OSHA revised Sec.  1910.269, as well as subpart 
V of part 1926, which contains corresponding requirements for the 
construction of electric power transmission and distribution lines and 
equipment (79 FR 20316). The 2014 final rule revised the definition of 
``line-clearance tree trimming'' in Sec.  1910.269(x) to include the 
pruning, trimming, repairing, maintaining, removing, or clearing of 
trees, or the cutting of brush, that is within the following distance 
of electric supply lines and equipment: (1) For voltages to ground of 
50 kilovolts or less--3.05 meters (10 feet) and (2) for voltages to 
ground of more than 50 kilovolts--3.05 meters (10 feet) plus 0.10 
meters (4 inches) for every 10 kilovolts over 50 kilovolts. The 
revision expanded the definition to include work on trees and brush 
that were farther away from electric power lines and equipment when the 
voltage was more than 50 kilovolts. The 2014 final rule also revised 
Note 3 to Sec.  1910.331(c)(1) to reference the definition of ``line-
clearance tree trimming'' in Sec.  1910.269(x) and deleted the 
corresponding definition from Sec.  1910.399.

Need for Correcting Amendment

    After OSHA promulgated the 2014 revisions to Sec.  1910.269, tree 
care industry representatives raised questions that led the Agency to 
believe that the industry was unclear about the application of Sec.  
1910.269 with respect to certain tree-trimming work. As a result, OSHA 
examined the relevant regulatory language in the general industry 
standards on electrical safety-related work practices (subpart S) and 
on electric power generation, transmission, and distribution work 
(Sec.  1910.269). The Agency's review led to two conclusions: (1) 
Revisions to Sec.  1910.269 are necessary to clarify that certain types 
of tree trimming meeting the definition of ``line-clearance tree 
trimming'' are not covered by that standard; and (2) revisions to Sec.  
1910.331 (in subpart S) are necessary to clarify that the electrical 
safety-related work practices in Sec. Sec.  1910.331 through 1910.335 
apply to tree-trimming work that may meet the definition of ``line-
clearance tree trimming'' when that work is not on or directly 
associated with electric power generation, transmission, and 
distribution or other installations listed in Sec.  1910.331(c) and, 
more generally, to work performed by qualified employees when that work 
is near, but not on or directly associated with, installations listed 
in Sec.  1910.331(c).
    Tree trimming: As noted earlier in this document, when the Agency 
adopted the electrical safety-related work practices standard in 1990, 
OSHA listed line-clearance tree trimming and replacing utility poles as 
examples of types of work that are directly associated with electric 
power generation, transmission, and distribution installations and, 
therefore, excluded from subpart S when performed by a qualified person 
(as ``qualified person'' is defined in Sec.  1910.399). However, OSHA 
was imprecise in its description of these examples. Although clearing 
trees and brush around power lines and replacing utility poles are 
usually tasks that are directly associated with a power line, that is 
not always the case. For example, an employee could be trimming trees 
away from telephone or cable television lines that happen to be near an 
electric power line. This type of tree trimming, which meets the 
definition of line-clearance tree trimming in Sec.  1910.269(x), is 
work directly associated with communications lines, not electric power 
lines, and is covered by Sec.  1910.268, not Sec.  1910.269.\6\ 
Similarly, a telecommunications firm replacing a utility pole 
supporting communications lines is performing work directly associated 
with the communications lines, not with any electric power lines that 
also happen to be supported by the pole but that are not

[[Page 60035]]

transferred to the new pole by the firm. OSHA intended the examples in 
Note 3 to Sec.  1910.331(c)(1) to illustrate types of work that 
generally (but not always) would be directly associated with electric 
power generation, transmission, and distribution lines. The Agency did 
not intend for those examples to be dispositive of the question of 
whether any particular activity is directly associated with those 
installations.
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    \6\ Under Sec.  1910.331(c)(2), line-clearance tree trimming to 
clear space around communications lines is exempt from Sec. Sec.  
1910.331 through 1910.335 when performed by qualified persons.
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    Furthermore, the current definition of ``line-clearance tree 
trimming'' in Sec.  1910.269(x) makes the location of the tree or brush 
the key determining factor in deciding whether a trimming activity is 
line-clearance tree trimming. Consequently, any trimming or other 
maintenance of any tree or brush that is within the specified distances 
of an electric power line is line-clearance tree trimming, irrespective 
of the purpose of the activity or the occupation of the worker. 
Notwithstanding this definition, the only line-clearance tree trimming 
OSHA intended Sec.  1910.269 to cover is line-clearance tree trimming 
performed: (1) For the purpose of clearing space around electric power 
generation, transmission, or distribution lines or equipment and (2) on 
behalf of an organization that operates, or that controls the operating 
procedures for, those lines or equipment. For example, a crew trimming 
trees at a residence or commercial facility for aesthetic purposes 
would be performing work meeting the current definition of ``line-
clearance tree trimming'' while trimming any tree that is within the 
specified distance of a power line. Yet, in most cases, OSHA would 
consider this work to be incidental line-clearance tree trimming \7\ 
that is not directly associated with an electric power generation, 
transmission, or distribution line. When initially promulgating the 
electrical safety-related work practices standard in 1990, the Agency 
did not intend such incidental line-clearance tree trimming to be 
included in the exemption in Sec.  1910.331(c)(1). When OSHA adopted 
Sec.  1910.269 in 1994, and revised that standard in 2014, the Agency 
proceeded on the understanding that such incidental line-clearance tree 
trimming was covered by subpart S; thus, OSHA did not intend to cover 
that work under Sec.  1910.269, even though it is now apparent that the 
definition of ``line-clearance tree trimming'' in Sec.  1910.269(x), 
which was adopted in 1994, and revised in 2014, did not make this 
intent clear.\8\
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    \7\ Throughout this preamble, OSHA refers to any tree trimming 
activities performed on a tree or brush that is closer to an 
electric power generation, transmission, or distribution line or 
equipment than the distances specified in the definition of ``line-
clearance tree trimming'' in existing Sec.  1910.269(x) as 
``incidental line-clearance tree trimming'' when the tree trimming 
activities are not directly associated with the lines or equipment.
    \8\ During the rulemaking that led to the promulgation of the 
electrical safety-related work practices standard in Subpart S in 
1990, the National Arborist Association expressed concern that the 
exemption in Sec.  1910.331(c)(1) for work performed by qualified 
employees on or directly associated with electric power generation, 
transmission, and distribution installations was not specific 
enough. That organization recommended that line-clearance tree 
trimming be separated from the ``directly associated with'' electric 
power installations test and exempted through a specified exclusion 
for tree trimming performed by qualified employees near overhead 
power lines (Docket ID OSHA-S016-2006-0646-0084). OSHA rejected that 
recommendation and instead adopted the note stating that line-
clearance tree trimming is an example of work directly associated 
with electric power generation, transmission, and distribution 
installations (55 FR 31997). In discussing the note in the preamble 
to the 1990 rule, OSHA rejected an assertion from the National 
Arborist Association that the exemption in Sec.  1910.331(c)(1) 
would exempt only work performed on behalf of the owner or operator 
of the overhead lines (55 FR 31997). OSHA recognizes that this 
discussion in the 1990 preamble may have been misleading with 
respect to the Agency's intent, which was stated more clearly 
elsewhere in the same notice when OSHA noted that line-clearance 
tree trimming contractors (usually hired by electric utilities) 
would be covered under Sec.  1910.269 and that residential 
contractors (usually hired by homeowners or businesses other than 
electric utilities) would be covered by the electrical safety-
related work practice requirements in subpart S (55 FR 31997). This 
correcting amendment is designed to provide clarification that 
should resolve any confusion resulting from imprecision in the 1990 
subpart S preamble.
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    The Agency's economic analyses for the 1994 and 2014 rulemakings 
reflect that OSHA did not intend to cover incidental line-clearance 
tree trimming under Sec.  1910.269. The regulatory impact assessment 
for the 1994 final rule indicated that Sec.  1910.269 ``will cover . . 
. contract line-clearance tree trimmers'' (59 FR 4431, emphasis added), 
meaning ``contractors [that] perform tree trimming for electric 
utilities'' (OSHA-S015-2006-0645-0008 \9\). And OSHA based the 2014 
analysis on the continued assumption that the rule would cover contract 
line-clearance tree-trimming firms (in other words, contractors that 
perform tree trimming on behalf of a utility or other organization that 
operates, or controls the operating procedures for, covered electric 
power lines and equipment) only. In the 2014 analysis, OSHA relied on 
2002 estimates from the National Arborist Association (now known as the 
Tree Care Industry Association) that 90 percent of large 
establishments, and 2 percent of small establishments, that perform 
ornamental shrub and tree services are involved in line-clearance tree 
trimming covered by Sec.  1910.269 (79 FR 20564). Thus, the 2014 
analysis did not account for a large percentage of establishments that 
perform ornamental shrub and tree care services, even though, in all 
likelihood, the majority, if not all, of these establishments perform 
at least some work meeting the definition of line-clearance tree 
trimming.
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    \9\ This number is the document ID for ``Preparation of an 
Economic Impact Study for the Proposed OSHA Regulation Covering 
Electric Power Generation, Transmission, and Distribution,'' a 
report prepared by Eastern Research Group, Inc. that formed the 
basis for OSHA's economic analysis for the 1994 final rule. This 
document is available at https://www.regulations.gov.
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    Thus, OSHA concludes that the language in the existing standards 
does not accurately convey the Agency's intent with respect to tree-
trimming activities that meet the definition of ``line-clearance tree 
trimming,'' but that are not directly associated with electric power 
generation, transmission, or distribution lines or equipment.
    Subpart S coverage of work by qualified employees that is near, but 
not on or directly associated with, electric power generation, 
transmission, or distribution installations. Paragraph (a) of Sec.  
1910.331 describes work by both qualified and unqualified persons that 
is covered by the electrical safety-related work practices at 
Sec. Sec.  1910.331 through 1910.335. Paragraph (b) of Sec.  1910.331 
states that the electrical safety-related work practices at Sec. Sec.  
1910.331 through 1910.335 apply to work performed by unqualified 
persons on, near, or with certain installations (including electric 
power generation, transmission, and distribution installations) listed 
in Sec.  1910.331(c)(1) through (c)(4). And the introductory text to 
Sec.  1910.331(c) states that the electrical safety-related work 
practices at Sec. Sec.  1910.331 through 1910.335 do not apply to work 
performed by qualified persons on or directly associated with the 
installations (including electric power generation, transmission, and 
distribution installations) listed in Sec.  1910.331(c)(1) through 
(c)(4). Section 1910.331 does not state explicitly that the electrical 
safety-related work practices in subpart S do apply to work performed 
by qualified persons near, but not on or directly associated with, 
electric power generation, transmission, and distribution 
installations, although other parts of the standard make clear that 
OSHA intended to cover this type of work in subpart S. For example, 
Sec.  1910.333(c)(3)(ii) contains requirements for qualified persons 
working in the vicinity of overhead lines. As virtually all overhead 
lines at the voltages addressed by this

[[Page 60036]]

provision \10\ are electric power generation, transmission, or 
distribution lines, it is evident that OSHA intended to cover work by 
qualified persons performed near, but not on or directly associated 
with, electric power generation, transmission, or distribution 
installations.
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    \10\ Paragraph (c)(3)(ii) of Sec.  1910.333 generally requires 
qualified persons to maintain the minimum approach distances shown 
in Table S-5 from overhead lines. Table S-5 lists approach distances 
for various voltages up to 140 kilovolts. The highest voltage on 
electric utilization systems (which are covered by subpart S as 
indicated in Notes 1 and 2 to Sec.  1910.331(c)(1)) is generally 
about 4 kilovolts.
---------------------------------------------------------------------------

    Therefore, OSHA concludes that the scope provisions in Sec.  
1910.331 do not accurately explain the applicability of the electrical 
safety-related work practices at Sec. Sec.  1910.331 through 1910.335 
to qualified persons performing work near, but not on or directly 
associated with, the installations listed in Sec.  1910.331(c)(1) 
through (c)(4), including electric power generation, transmission, and 
distribution installations.

Description of Correcting Amendment

    To clarify what work is covered by the general industry standards 
on electric power generation, transmission, and distribution work and 
on electrical safety-related work practices, OSHA is taking the 
following actions:
    1. Expressly limiting the scope of Sec.  1910.269 as it relates to 
line-clearance tree trimming by revising Sec.  1910.269(a)(1)(i)(E) to 
state explicitly that the standard applies to line-clearance tree 
trimming only to the extent it is performed for the purpose of clearing 
space around electric power generation, transmission, or distribution 
lines or equipment and on behalf of an organization that operates, or 
that controls the operating procedures for, those lines or equipment.
    2. Adding a note to the definition of ``line-clearance tree 
trimming'' in Sec.  1910.269(x), with corresponding revisions to Note 2 
to the definition of ``line-clearance tree trimmer,'' to explain that: 
(1) The scope of Sec.  1910.269 limits the application of the standard 
to line-clearance tree trimming as noted in Sec.  1910.269(a)(1)(i)(E); 
and (2) tree trimming that is performed on behalf of a homeowner or 
commercial entity other than an organization that operates, or that 
controls the operating procedures for, electric power generation, 
transmission, or distribution lines or equipment, or that is not for 
the purpose of clearing space around electric power generation, 
transmission, or distribution lines or equipment, is not directly 
associated with an electric power generation, transmission, or 
distribution installation and is not covered by Sec.  1910.269.
    3. Revising Appendix A-3 to Sec.  1910.269 to reflect the 
clarifications in this correcting amendment.\11\
---------------------------------------------------------------------------

    \11\ In addition, OSHA is moving the note referring to 
requirements for manholes and underground vaults at the bottom of 
Appendix A-3 to Appendix A-5 (relating to enclosed spaces), which is 
the appendix to which that note applies.
---------------------------------------------------------------------------

    4. Replacing terms such as ``line-clearance tree-trimming 
operations'' and ``line-clearance tree-trimming work'' wherever they 
appear in Sec.  1910.269 and subpart V of part 1926 with ``line-
clearance tree trimming'' and revising Sec.  1926.950(a)(3) to 
correspond to the changes to Sec.  1910.269(a)(1)(i)(E), noted 
earlier.\12\
---------------------------------------------------------------------------

    \12\ Specifically, OSHA is revising relevant language in Sec.  
1926.950(a)(3) to reflect that Sec.  1910.269 applies to line-
clearance tree trimming only to the extent it is performed for the 
purpose of clearing space around electric power generation, 
transmission, or distribution lines or equipment and on behalf of an 
organization that operates, or that controls the operating 
procedures for, those lines or equipment.
---------------------------------------------------------------------------

    5. Referencing the scope of Sec.  1910.269 in Note 3 to Sec.  
1910.331(c)(1).
    6. In Sec.  1910.331(b), adding language clarifying that the 
electrical safety-related work practices in subpart S cover qualified 
persons performing work near, but not on or directly associated with, 
installations listed in Sec.  1910.331(c)(1) through (c)(4).
    OSHA is also correcting minor errors in Table R-6 of Sec.  1910.269 
and in Table V-5 of subpart V of part 1926. Table R-3 of Sec.  1910.269 
and Table V-2 of subpart V, which contain equations for employers to 
use to establish minimum approach distances from energized parts of 
electric circuits, set the minimum approach distance for 50 to 300 
volts as ``avoid contact.'' Using the equations in Table R-3 and Table 
V-2, Table R-6 and Table V-5 provide default minimum approach distances 
for voltage ranges up to 72.5 kilovolts. The latter two tables 
erroneously list the first voltage range as 0.50 to 0.300 kilovolts. 
The correct voltage range is 0.050 to 0.300 kilovolts. In addition, the 
word ``to'' is missing between the voltages in the first voltage range 
in Table V-5. Accordingly, OSHA is correcting Table R-6 and Table V-5 
in this document.

Exemption From Notice-and-Comment Procedures

    OSHA determined that this correcting amendment is not subject to 
the requirements and procedures for public notice and comment specified 
in the Administrative Procedure Act (5 U.S.C. 553(b)) and the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655). See 29 CFR 
1911.5 (Minor changes in standards). This action does not affect or 
change any existing rights or obligations, and no interested party is 
likely to object to the minor amendments being made to 29 CFR 1910.269, 
29 CFR 1910.331, or 29 CFR part 1926, subpart V. Therefore, the Agency 
finds good cause for foregoing public notice and comment.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC 20210, authorized the preparation 
of this document.
    This action is taken pursuant to sections 3704 et seq., Public Law 
107-217, 116 STAT. 1062, (40 U.S.C. 3704 et seq.); sections 4, 6, and 
8, Public Law 91-596, 84 STAT. 1590 (29 U.S.C. 653, 655, 657), 
Secretary of Labor's Order No. 1-2012 (77 FR 3912 (Jan. 25, 2012)), and 
29 CFR part 1911.

    Signed at Washington, DC, on September 28, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

    The Occupational Safety and Health Administration amends parts 1910 
and 1926 of title 29 of the Code of Federal Regulations as follows:

PART 1910--[AMENDED]

Subpart R--Special Industries

0
1. The authority citation for subpart R of part 1910 continues to read 
as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), 4-2010 (75 FR 
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
* * * * *
0
2. Amend Sec.  1910.269 by:
0
a. Removing the terms ``line-clearance tree-trimming operations,'' 
``line-clearance tree trimming operations,'' ``line-clearance tree-
trimming work,'' and ``line-clearance tree trimming work'' in 
paragraphs (a)(1)(i)(E) introductory text, (a)(1)(i)(E)(1) and (2), 
(a)(1)(ii)(A), (b)(1)(i), (r) subject heading and introductory text, 
(r)(1)(vi), and in the Note to paragraph (r)(1)(vi), and adding, in 
their place the term ``line-clearance tree trimming'';
0
b. Revising paragraph (a)(1)(i)(E);
0
c. In Table R-6, first entry, removing ``0.50'' and adding in its place 
``0.050'';

[[Page 60037]]

0
d. Revising paragraph (r) introductory text;
0
e. In paragraph (x), revising Note 2 to the definition of ``line-
clearance tree trimmer'' and adding a note to the definition of ``line-
clearance tree trimming''; and
0
f. Revising appendices A-3 and A-5.
    The revisions and addition read as follows:


Sec.  1910.269  Electric power generation, transmission, and 
distribution.

    (a) * * *
    (1) * * *
    (i) * * *
    (E) Line-clearance tree trimming performed for the purpose of 
clearing space around electric power generation, transmission, or 
distribution lines or equipment and on behalf of an organization that 
operates, or that controls the operating procedures for, those lines or 
equipment, as follows:
    (1) Entire Sec.  1910.269, except paragraph (r)(1) of this section, 
applies to line-clearance tree trimming covered by the introductory 
text to paragraph (a)(1)(i)(E) of the section when performed by 
qualified employees (those who are knowledgeable in the construction 
and operation of the electric power generation, transmission, or 
distribution equipment involved, along with the associated hazards).
    (2) Paragraphs (a)(2), (a)(3), (b), (c), (g), (k), (p), and (r) of 
this section apply to line-clearance tree trimming covered by the 
introductory text to paragraph (a)(1)(i)(E) of this section when 
performed by line-clearance tree trimmers who are not qualified 
employees.
* * * * *
    (r) Line-clearance tree trimming. This paragraph provides 
additional requirements for line-clearance tree trimming and for 
equipment used in this type of work.
* * * * *
    (x) * * *
    Line-clearance tree trimmer. * * *

    Note 2 to the definition of ``line-clearance tree trimmer'':  A 
line-clearance tree trimmer is not considered to be a ``qualified 
employee'' under this section unless he or she has the training 
required for a qualified employee under paragraph (a)(2)(ii) of this 
section. However, under the electrical safety-related work practices 
standard in Subpart S of this part, a line-clearance tree trimmer is 
considered to be a ``qualified employee.'' Tree trimming performed 
by such ``qualified employees'' is not subject to the electrical 
safety-related work practice requirements contained in Sec. Sec.  
1910.331 through 1910.335 when it is directly associated with 
electric power generation, transmission, or distribution lines or 
equipment. (See Sec.  1910.331 for requirements on the applicability 
of the electrical safety-related work practice requirements 
contained in Sec. Sec.  1910.331 through 1910.335 to line-clearance 
tree trimming performed by such ``qualified employees,'' and see the 
note following Sec.  1910.332(b)(3) for information regarding the 
training an employee must have to be considered a qualified employee 
under Sec. Sec.  1910.331 through 1910.335.)

    Line-clearance tree trimming. * * *

    Note to the definition of ``line-clearance tree trimming'':  
This section applies only to line-clearance tree trimming performed 
for the purpose of clearing space around electric power generation, 
transmission, or distribution lines or equipment and on behalf of an 
organization that operates, or that controls the operating 
procedures for, those lines or equipment. See paragraph (a)(1) of 
this section. Tree trimming performed on behalf of a homeowner or 
commercial entity other than an organization that operates, or that 
controls the operating procedures for, electric power generation, 
transmission, or distribution lines or equipment is not directly 
associated with an electric power generation, transmission, or 
distribution installation and is outside the scope of this section. 
In addition, tree trimming that is not for the purpose of clearing 
space around electric power generation, transmission, or 
distribution lines or equipment is not directly associated with an 
electric power generation, transmission, or distribution 
installation and is outside the scope of this section. Such tree 
trimming may be covered by other applicable standards. See, for 
example, Sec. Sec.  1910.268 and 1910.331 through 1910.335.

* * * * *

[[Page 60038]]

[GRAPHIC] [TIFF OMITTED] TR05OC15.000


[[Page 60039]]


[GRAPHIC] [TIFF OMITTED] TR05OC15.001

Subpart S--Electrical

0
3. The authority citation for subpart S of part 1910 continues to read 
as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 8-76 (41 FR 25059), 1-90 (55 FR 9033), 5-2002 (67 FR 65008), 5-
2007 (72 FR 31160), or 1-2012 (77 FR 3912), as applicable; and 29 
CFR part 1911.
* * * * *

0
4. Amend Sec.  1910.331 by revising paragraph (b) and Note 3 to 
paragraph (c)(1) to read as follows:


Sec.  1910.331  Scope.

* * * * *
    (b) Other covered work. The provisions of Sec. Sec.  1910.331 
through 1910.335 also cover:
    (1) Work performed by unqualified persons on, near, or with the 
installations listed in paragraphs (c)(1) through (4) of this section; 
and
    (2) Work performed by qualified persons near the installations 
listed in paragraphs (c)(1) through (c)(4) of this section when that 
work is not on or directly associated with those installations.
    (c) * * *
    (1) * * *

    Note 3 to paragraph (c)(1):  Work on or directly associated with 
generation, transmission, or distribution installations includes:
    (1) Work performed directly on such installations, such as 
repairing overhead or underground distribution lines or repairing a 
feed-water pump for the boiler in a generating plant.
    (2) Work directly associated with such installations, such as 
line-clearance tree trimming and replacing utility poles, when that 
work is covered by Sec.  1910.269 (see Sec.  1910.269(a)(1)(i)(D) 
and (E) and the definition of ``line-clearance tree trimming'' in 
Sec.  1910.269(x)).
    (3) Work on electric utilization circuits in a generating plant 
provided that:
    (A) Such circuits are commingled with installations of power 
generation equipment or circuits, and
    (B) The generation equipment or circuits present greater 
electrical hazards than those posed by the utilization equipment or 
circuits (such as exposure to higher voltages or lack of overcurrent 
protection).
    This work is covered by Sec.  1910.269.

* * * * *

PART 1926--[AMENDED]

Subpart V--Electric power transmission and distribution

0
5. The authority citation for subpart V of part 1926 continues to read 
as follows:


[[Page 60040]]


    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR part 
1911.


0
6. In Sec.  1926.950, revise paragraph (a)(3) to read as follows:


Sec.  1926.950  General.

    (a) * * *
    (3) Applicable part 1910 requirements. (i) Line-clearance tree 
trimming performed for the purpose of clearing space around electric 
power generation, transmission, or distribution lines or equipment and 
on behalf of an organization that operates, or that controls the 
operating procedures for, those lines or equipment shall comply with 
Sec.  1910.269 of this chapter.
    (ii) Work involving electric power generation installations shall 
comply with Sec.  1910.269 of this chapter.
* * * * *


Sec.  1926.960  [Amended]

0
7. In Sec.  1926.960, in Table V-5, first entry, remove ``0.50'' and 
add in its place ``0.050 to''.

[FR Doc. 2015-25062 Filed 10-2-15; 8:45 am]
 BILLING CODE 4510-26-P
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