[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 
[email protected].
    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 [email protected].

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 (http://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 (http://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 http://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