Electrical Safety-Related Work Practices; Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Corrections, 60033-60040 [2015-25062]
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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:
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[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:
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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:
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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:
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Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations
Background
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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).
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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).
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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.
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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.
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‘‘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.
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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
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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
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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.
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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.
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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’’;
■
■
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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.
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(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
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16:55 Oct 02, 2015
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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
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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.
*
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*
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*
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).)
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16:55 Oct 02, 2015
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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
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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:
■
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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
