46958 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 

regulations. The preamble to the 

temporary regulations explains the 

temporary regulations and these 

proposed regulations. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and because these 

regulations do not impose a collection 

of information on small entities, the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) does not apply. Pursuant to 

section 7805(f) of the Internal Revenue 

Code, this regulation has been 

submitted to the Chief Counsel for 

Advocacy of the Small Business 

Administration for comment on its 

impact on small business. 

Comments and Requests for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written comments (a signed original and 

eight (8) copies) or electronic comments 

that are submitted timely to the IRS. The 

IRS and the Treasury Department 

specifically request comments on the 

clarity of the proposed rules and how 

they may be made easier to understand. 

All comments will be available for 

public inspection and copying. A public 

hearing may be scheduled if requested 

by any person who timely submits 

comments. If a public hearing is 

scheduled, notice of the date, time, and 

place for the public hearing will be 

published in the Federal Register. 

Drafting Information 

The principal author of these 

regulations is Michael H. Beker, Office 

of the Associate Chief Counsel 

(Passthroughs and Special Industries). 

However, other personnel from the IRS 

and the Treasury Department 

participated in their development. 

List of Subjects in 26 CFR Part 301 

Employment taxes, Estate taxes, 

Excise taxes, Gift taxes, Income taxes, 

Penalties, Reporting and recordkeeping 

requirements. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 301 is 

proposed to be amended as follows: 

PART 301—PROCEDURE AND 

ADMINISTRATION 

Paragraph 1. The authority citation 

for part 301 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Par. 2. Section 301.7701–2 is 

amended by: 

1. Revising paragraphs (c)(2)(iii) and 

(c)(2)(iv)(B). 

2. Redesignating paragraph (c)(2)(v)(B) 

as paragraph (c)(2)(v)(C) and adding 

new paragraph (c)(2)(v)(B). 

3. In newly-designated paragraph 

(c)(2)(v)(C), Example (iv) is added. 

4. Revising paragraphs (e)(2), (e)(5) 

and (e)(6). 

The additions and revisions read as 

follows: 

§ 301.7701–2 Business entities; 

definitions. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) [The text of this proposed 

amendment to § 301.7701–2(c)(2)(iii) is 

the same as the text of § 301.7701– 

2T(c)(2)(iii) published elsewhere in this 

issue of the Federal Register]. 

(iv) * * * 

(B) [The text of this proposed 

amendment to § 301.7701–2(c)(2)(iv)(B) 

is the same as the text of § 301.7701– 

2T(c)(2)(iv)(B) published elsewhere in 

this issue of the Federal Register]. 

* * * * * 

(v) * * * 

(B) [The text of this proposed 

amendment to § 301.7701–2(c)(2)(v)(B) 

is the same as the text of § 301.7701– 

2T(c)(2)(v)(B) published elsewhere in 

this issue of the Federal Register]. 

(C) * * * (iv) [The text of this 

proposed amendment to § 301.7701- 

2(c)(2)(v)(C) Example (iv) is the same as 

the text of § 301.7701–2T(c)(2)(v)(C) 

Example (iv) published elsewhere in 

this issue of the Federal Register]. 

* * * * * 

(e) * * * 

(2) [The text of this proposed 

amendment to § 301.7701–2(e)(2) is the 

same as the text of § 301.7701–2T(e)(2) 

published elsewhere in this issue of the 

Federal Register]. 

* * * * * 

(5) [The text of this proposed 

amendment to § 301.7701–2(e)(5) is the 

same as the text of § 301.7701–2T(e)(5) 

published elsewhere in this issue of the 

Federal Register]. 

(6) [The text of this proposed 

amendment to § 301.7701–2(e)(6) is the 

same as the text of § 301.7701–2T(e)(6) 

published elsewhere in this issue of the 

Federal Register]. 

* * * * * 

L.E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. E9–21986 Filed 9–11–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1926 

[Docket OSHA–S215–2006–0063] 

RIN 1218–AB67 

Electric Power Generation, 

Transmission, and Distribution; 

Electrical Protective Equipment; 

Limited Reopening of Record; Notice 

of Informal Public Hearing 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule; limited 

reopening of the rulemaking record and 

notice of public hearing. 

SUMMARY: On June 15, 2005, OSHA 

published a proposed rule to revise the 

general industry and construction 

standards for electric power generation, 

transmission, and distribution work and 

for electrical protective equipment. The 

proposed general industry and 

construction standards for electric 

power generation, transmission, and 

distribution work included revised 

minimum approach distance tables. 

Those tables limit how close an 

employee (or a conductive object he or 

she is contacting) may get to an 

energized circuit part. In light of recent 

changes to one of the consensus 

standards on which OSHA relied in 

formulating the proposed minimum 

approach distances, OSHA is reopening 

the record on this proposal to obtain 

additional comments related to the 

proposed minimum approach distances. 

The record will remain open on this 

limited basis until October 15, 2009. 

OSHA is also announcing a public 

hearing on the issues raised in this 

notice. 

DATES: Comments: Comments must be 

submitted (transmitted, postmarked, or 

delivered) no later than October 15, 

2009. 

Notices of intention to appear: 

Interested persons who intend to 

present testimony or question witnesses 

at the public hearing must submit 

(transmit, postmark, or deliver) notices 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 46959 

1ANSI is the American National Standards 

Institute. 

2 In promulgating the general industry standard at 

§ 1910.269 in 1994, OSHA used minimum approach 

distances that matched the corresponding values in 

the 1993 NESC. The NESC subcommittee 

subsequently revised their distances in a tentative 

interim amendment correcting the tables in the 

1993 NESC. The minimum approach distances in 

the pending proposal for both subpart V and 

§ 1910.269 are identical to the minimum approach 

distances that appeared in the NESC through the 

2002 edition. For the 2007 edition, the NESC 

adopted minimum approach distances that were the 

same for voltages of 72.5 kV and lower, but that 

were larger for voltages of 72.6 kV and higher. The 

increase in minimum approach distances for 

voltages of 72.6 kV and higher was due to the use 

of minimum tool insulation distance rather than 

minimum air insulation distance as described later 

in this notice. 

3 IEEE is the Institute of Electrical and Electronics 

Engineers, Inc. 

4The graph, which was published in IEEE 

Committee Report, ‘‘Recommendations for safety in 

live-line maintenance’’ (IEEE T&D, vol. PAS–87, no. 

2, pp. 346–352, Feb. 1968), was taken from test 

data. However, the underlying test data were lost. 

Consequently, the a factor had to be read from the 

published graph. 

of intention to appear no later than 

October 1, 2009. 

Hearing testimony and evidence: 

Interested persons who request more 

than 10 minutes to present testimony or 

who intend to submit documentary 

evidence at the hearing must submit 

(transmit, postmark, or deliver) the full 

text of their testimony and all 

documentary evidence no later than 

October 15, 2009. 

Public hearing: The informal public 

hearing will be held from 9:30 a.m. to 

1:30 p.m. on October 28, 2009. 

ADDRESSES: Public hearing: The 

informal public hearing will be held in 

Room N3437A, B, and C at the U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Comments, notices of intention to 

appear, hearing testimony, and 

documentary evidence: You may submit 

comments, notices of intention to 

appear, hearing testimony, and 

documentary evidence, identified by 

Docket No. OSHA–S215–2006–0063, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: If your comments, including 

attachments, do not exceed 10 pages, 

you may fax them to the OSHA Docket 

Office at (202) 693–1648. 

• Mail, hand delivery, express mail, 

messenger, or courier service: You must 

submit two copies of your comments 

and attachments to the OSHA Docket 

Office, Docket No. OSHA–S215–2006– 

0063, U.S. Department of Labor, Room 

N–2625, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2350 (OSHA’s TTY number is (877) 

889–5627). Deliveries (hand, express 

mail, messenger, and courier service) 

are accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m.–4:45 p.m., ET. 

Instructions: All submissions must 

include the agency name and the docket 

number (Docket No. OSHA–S215–2006– 

0063) or regulation identifier number 

(RIN 1218–AB67) for this rulemaking. 

All comments received will be posted 

without change to http:// 

dockets.osha.gov, including any 

personal information provided. 

Docket: To read or download 

comments and materials submitted in 

response to this Federal Register notice, 

go to Docket OSHA–S215–2006–0063 at 

http://www.regulations.gov or at the 

OSHA Docket Office at the previously 

listed address. All comments and 

submissions are listed in the http:// 

www.regulations.gov index. However, 

some information (for example, 

copyrighted material) is not publicly 

available to read or download through 

that Web page. All comments and 

submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Electronic copies of this Federal 

Register document are available at 

http://www.regulations.gov. This 

document, as well as news releases and 

other relevant information, also are 

available at OSHA’s Web page at http:// 

www.osha.gov. 

FOR FURTHER INFORMATION CONTACT: 

Press inquiries and general information: 

Ms. Jennifer Ashley, Office of 

Communications, Room N–3647, OSHA, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–1999. 

Technical information: David Wallis, 

OSHA, Office of Engineering Safety, 

Room N–3609, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2277. 

Hearings: Ms. Veneta Chatmon, 

OSHA, Office of Communications, 

Room N–3647; 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–1999; e-mail 

chatmon.veneta@dol.gov. 

SUPPLEMENTARY INFORMATION: On June 

15, 2005, OSHA issued a proposed rule 

to revise the general industry and 

construction standards for electric 

power generation, transmission, and 

distribution work and for electrical 

protective equipment (70 FR 34822). 

The Agency solicited public comments, 

and held a public hearing on March 6 

through 14, 2006. Administrative Law 

Judge William Colwell set a deadline of 

July 14, 2006, for filing written 

comments, summations, position 

statements, and briefs. 

The proposed requirements for 

electric power generation, transmission, 

and distribution work for general 

industry and construction would be 

contained in 29 CFR 1910.269 and 29 

CFR part 1926, subpart V (§§ 1926.950 

through 1926.968), respectively. 

Proposed § 1926.960(c)(1) would require 

employees to maintain minimum 

approach distances from exposed 

energized parts. The minimum 

approach distances are specified in 

proposed Tables V–2 through V–6. 

Existing § 1910.269(l)(2) and proposed 

Tables R–6 through R–10 contain 

equivalent requirements for general 

industry. OSHA developed the 

minimum approach distance tables in 

the proposal using principles adopted 

from the 1993 National Electrical Safety 

Code (NESC, ANSI 1 C2–1993) 2 and 

ANSI/IEEE 3 Standard 516–1987. (See 

70 FR 34822, at 34861 (June 15, 2005) 

and 73 FR 62942 (Oct. 22, 2008) for a 

detailed description of the methods 

OSHA used to calculate the proposed 

minimum approach distances.) 

On October 22, 2008, OSHA 

published a Federal Register notice to 

reopen the record on a limited basis for 

a period of 30 days, or until November 

21, 2008, because the IEEE technical 

committee responsible for revising IEEE 

Standard 516 identified what in its view 

was an error in the calculations of 

phase-to-phase minimum approach 

distances for nominal voltages 230 kV 

and higher (73 FR 62942). The equation 

used to calculate the electrical 

component of the minimum approach 

distance for voltages over 72.5 kV 

included a term, a, that represented the 

saturation factor for the transient 

overvoltage involved. This factor, which 

was taken from a graph,4 increased 

substantially with increasing voltage. 

The minimum approach distances for 

phase-to-phase exposures were 

calculated using an a factor 

corresponding to the phase-to-ground 

transient overvoltage rather than for the 

higher phase-to-phase transient 

overvoltage. Because the minimum 

approach distances in OSHA’s 2005 

proposal were based on the same 

equations called into question by the 

IEEE technical committee, the same 

issue potentially affected the minimum 

approach distances in OSHA’s proposal. 

At the time the Agency published the 

reopening notice in October 2008, the 

IEEE committee was voting on a draft 

revised IEEE standard that would have 


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46960 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 

5OSHA is repeating, in this notice, several of 

these questions in slightly different form now that 

IEEE has formally published a new version of 

Standard 516. 

6These are the Document IDs on the Federal 

eRulemaking Portal, http://www.regulations.gov. 

7This document, IEEE Standard 516–2009, is 

available for inspection and copying in the Docket 

Office at the address listed in the ADDRESSES section 

of this notice. 

8The approach for extrapolating values for the a 

factor that the IEEE committee was considering at 

the time of the 2008 reopening notice, which 

assumed that the value continued to increase in a 

linear fashion, failed to achieve consensus (73 FR 

62942). 

9The critical sparkover voltage, or V50, is the 

voltage that will sparkover a specified distance 50 

percent of the time. 

10The withstand voltage is the voltage at which 

sparkover is not likely to occur across a specified 

distance. It is the voltage taken at the 3s point 

below the sparkover voltage, assuming that the 

sparkover curve follows a normal distribution. 

11This is work performed with the employee at 

the same potential as one of the phase conductors. 

The employee is insulated, by air or another 

insulating medium, from the other phase 

conductors and from ground. 

corrected the perceived error by (1) 

using a formula to calculate the a factor 

to avoid errors that could be made in 

reading values from the graph; and (2) 

extrapolating values for the a factor 

beyond the range of the underlying test 

data. In its reopening notice, OSHA 

asked for comments on IEEE’s proposed 

approach for resolving this issue and 

raised several questions related to 

whether the final rule should reflect any 

elements of the draft IEEE standard.5

The reopening notice limited comments 

to issues related to minimum approach 

distances for voltages of 72.6 kV and 

higher (73 FR 62942). 

OSHA received only eight responses 

to the 2008 reopening notice. Most 

commenters generally supported the 

idea of incorporating into the final rule 

IEEE’s proposed approach for 

calculating phase-to-phase minimum 

approach distances for voltages of 72.6 

kV and higher. Two commenters, the 

International Brotherhood of Electrical 

Workers and Edison Electric Institute 

(EEI), recommended that OSHA open 

the record again when the IEEE 

committee adopted a final standard (see 

Document IDs: 6 OSHA–S215–2006– 

0063–0526, OSHA–S215–2006–0063– 

0527). EEI also requested an extension 

of the comment period, an expansion of 

the scope of the reopening to cover 

minimum approach distances for 

voltages below 72.6 kV, and a public 

hearing (see Document ID: OSHA– 

S215–2006–0063–0530). This notice 

resolves all of EEI’s pending requests. 

A. Minimum Approach Distances for 

Phase-to-Phase Exposures for Voltages 

of 72.6 kV and Higher 

The IEEE committee recently adopted 

and published a new edition of IEEE 

Standard 516.7 The revised standard 

adopts a new methodology, using a 

different set of formulas, for calculating 

phase-to-phase minimum approach 

distances for voltages of 72.6 kV and 

higher.8 These formulas are derived 

from testing for line configurations (that 

is, for system design) rather than for 

live-line work. In other words, the 

underlying formulas are intended to be 

used for determining appropriate 

conductor spacing rather than for 

determining minimum approach 

distances appropriate for employees 

performing live-line work. To account 

for the presence of the employee 

working in an aerial lift bucket within 

the air gap between the two phase 

conductors, the committee incorporated 

the concept of a floating electrode in the 

air gap. The committee’s approach to 

determining the electrical component of 

the minimum approach distance can be 

summarized as follows: 

1. Start with a formula to calculate the 

critical sparkover voltage 9 for the 

distance between two conductors. 

2. Modify the formula to account for 

a 3.3-meter floating electrode to 

represent an employee working within 

an aerial lift bucket between the phase 

conductors. 

3. Modify the formula to convert the 

critical sparkover voltage to a withstand 

voltage.10

4. Determine the maximum transient 

overvoltage on the line and substitute 

that value for the withstand voltage. 

5. Rearrange the equation to solve for 

distance. 

In more technical detail, this 

approach is as follows: 

1. The equation for calculating the 

critical sparkover voltage for a given 

distance between two conductors 

includes a gap factor, k. This factor 

depends on several variables: 

alpha = the proportion of the negative 

switching impulse voltage to the total 

phase-to-phase impulse voltage. 

Ddesign L–L = the design phase-to-phase 

clearance 

H = the average height of the phase above the 

ground 

Table 1 shows the values 

recommended by IEEE Standard 516– 

2009 for these variables and the 

resultant gap factors. 

TABLE 1—RECOMMENDED GAP FACTORS (k) 

Phase-to-phase voltage Alpha Ddesign L–L/H k 

≤ 242 kV .................................................................................................................................................. 0.33 0.8 1.451 

> 242 kV .................................................................................................................................................. 0.41 0.8 1.530 

IEEE Standard 516–2009 uses the 

following equation to calculate the 

critical sparkover voltage for the 

designed gap between two phase 

conductors: 

V k

Dl l

50

3400

1 8 =

+

−

( )

Where: 

V50 = the critical sparkover voltage in 

kilovolts 

k = the gap factor from Table 1 

Dl-l = the sparkover distance in meters 

2. When live-line bare-hand work11 is 

performed, the employee is typically 

positioned between two or more phase 

conductors. The employee could be 

working, for example, from an aerial lift 

platform or a conductor cart. These 

devices and the worker are both 

conductive. The presence of a 

conductive object in the air gap reduces 

its dielectric strength. IEEE Standard 

516–2009 introduces a constant, KF, to 

account for the presence of the 

employee and other conductive objects 

in the air gap. IEEE Standard 516–2009 

uses KF equal to 0.9 to accommodate a 

3.3-meter conductive object in the air 

gap. This value is equivalent to a 10 

percent reduction in the dielectric 

strength of the gap. 

With this factor included, the 

equation for the critical sparkover 

voltage is: 

V

k K

D

F

l l

50

3400

1 8 = ( )

+

−

( )

3. IEEE sets the withstand voltage at 

a level that is 3s lower than the critical 


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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 46961 

12MAID is the minimum air insulation distance. 13MTID is the minimum tool insulation distance. 14 IEEE Standard 516–2009 increases the 

electrical component of the minimum approach 

distance by 10 percent (6 percent for the tool and 

4 percent for intangibles) before the saturation 

factor is applied. 

15This document, NESC, ANSI C2–2007, is 

available for inspection and copying in the Docket 

Office at the address listed in the ADDRESSES section 

of this notice. 

16 IEEE Standard 516 uses this equation for 

voltages more than 27.00 kV but less than or equal 

to 72.5 kV. For voltages less than 27.00 kV, IEEE 

Standard 516 uses a distance of 0.02 meters, with 

the following explanation: ‘‘When the TOVPeak is 

less than 27.00 kV, sufficient test data are not 

available to calculate the MAID, which is less than 

2 cm or 0.06 ft.’’ 

sparkover voltage, as indicated in the 

following equation: 

VW = (1—3s)V50

Where: 

VW = the withstand voltage 

V50 = the critical sparkover voltage 

s = 5 percent for a normal distribution 

4. To solve for the electrical 

component of the clearance, the 

maximum transient overvoltage is 

substituted for the withstand voltage. 

The IEEE committee used the following 

equation to calculate the maximum 

transient overvoltage on the line: 

TL–L = 1.35TL–G + 0.45 

Where: 

TL–L = the phase-to-phase maximum transient 

overvoltage in per unit 

TL–G = the phase-to-ground maximum 

transient overvoltage in per unit 

5. Substituting the values of the 

various constants and solving these 

equations for distance, IEEE Standard 

516–2009 uses the following equations 

to calculate the minimum air insulation 

distance: 

For voltages less than or equal to 242 

kV: 

D

T V

L L

LG LL

−

− −

=

( ) ( ) +

⎛

⎝

⎜

⎜

⎞

⎠

⎟

⎟

8

4621

1 35 0 45 . .

For voltages more than 242 kV: 

D

T V

L L

LG LL

−

− −

=

( ) ( ) +

⎛

⎝

⎜

⎜

⎞

⎠

⎟

⎟

8

4875

1 35 0 45 . .

Where: 

DL–L = the minimum air insulation distance 

(the minimum distance needed to 

prevent sparkover with air alone as the 

insulating medium) 

TL–G = the phase-to-ground maximum 

transient overvoltage in per unit 

VL–L = the rms phase-to-phase system voltage 

Tools in the air gap. The presence of 

an insulated tool in the air gap reduces 

the air gap’s dielectric strength. IEEE 

Standard 516–2009 generally gives two 

values for the electrical component of 

the minimum approach distance: One in 

air (called MAID 12) and one with a tool 

in the air gap (called MTID 13).14 Unlike 

the most recent edition of the NESC,15

which uses the tool distance plus an 

ergonomic component (0.31 or 0.61 

meters) in setting minimum approach 

distances, IEEE Standard 516–2009 does 

not provide either the tool distance or 

a means of calculating it for phase-tophase exposures. Section 4.5.2.3 

justifies this as follows: 

The definition of MTID applies only to 

line-to-ground application. It is rare that a 

worker would be at the potential of one 

phase while working on another phase. If a 

nonconductive object, such as an insulated 

tool, is placed in the air gap joining two 

phases, an engineering study should be 

performed. [Additional] testing is required to 

develop a line-to-line MTID. If a line-to-line 

MTID is required, the same factor as used in 

the line-to-ground distance may be used. 

Industry practices normally use an MTID that 

is the same as or greater than the MAID. 

B. Minimum Approach Distances for 

Voltages Up to 72.5 kV 

IEEE Standard 516–2009 contains a 

slightly revised methodology for 

calculating minimum approach 

distances for voltages up to 72.5 kV. In 

the past, IEEE Standard 516 calculated 

these distances using sparkover 

distances in IEEE Standard 4–1995, 

which are based on 60-Hz rod-to-rod 

sparkover voltages. The IEEE committee 

identified, in its view, two problems 

with continuing to use these distances 

without further adjustment. First, the 

distances are based on testing with 60- 

Hz voltages, not transient impulses. The 

sparkover voltage for a given distance is 

higher for a transient overvoltage than 

for an equal 60-Hz voltage. Second, the 

voltages in IEEE Standard 4–1995 are 

sparkover voltages, not withstand 

voltages. The withstand voltage for a 

given distance is smaller than the 

corresponding sparkover voltage. Thus, 

the two problems identified by the IEEE 

committee work in opposite directions. 

The first one would decrease the 

minimum approach distance; the 

second would increase it. IEEE Standard 

516–2009 resolves both problems with 

resultant minimum approach distances 

that are slightly smaller than those in 

earlier editions. To overcome the first 

problem, IEEE Standard 516–2009 

applies an impulse test factor of 1.3 to 

convert 60-Hz sparkover voltage to the 

critical sparkover voltage for a transient 

overvoltage. The standard then uses a 

3s margin (0.85) to convert the critical 

sparkover voltage to a withstand 

voltage. This addresses the second 

problem. 

Table 2 shows a comparison of the 60- 

Hz sparkover voltage with the transient 

overvoltage withstand voltage for 

different rod-to-rod air gaps. This table 

shows that a given air gap can withstand 

a somewhat higher transient overvoltage 

than it can a 60-Hz voltage. The 

relationship between the electrical 

component of the minimum approach 

distance and the maximum transient 

overvoltage in this range is linear and, 

in IEEE Standard 516–2009, is 

represented by the following linear 

formula for phase-to-ground 

exposures:16

D

TOV

M =

⎛ −

⎝

⎜ ⎞

⎠

⎟ + ⎛

⎝

⎜ ⎞

⎠

⎟ 36 7

5 6

2 75

100

.

. .

Where: 

DM = Distance in meters 

TOV = Maximum phase-to-ground transient 

overvoltage (peak) 

The corresponding formula for phaseto-phase exposures is: 

D

TOV

M =

⎛ −

⎝

⎜ ⎞

⎠

⎟ + ⎛

⎝

⎜ ⎞

⎠

⎟ 63 6

5 15

5 65

100

.

. .

Where: 

DM = Distance in meters 

TOV = Maximum phase-to-phase transient 

overvoltage (peak) 

TABLE 2—COMPARISON OF 60-Hz 

SPARKOVER WITH TRANSIENT OVERVOLTAGE WITHSTAND

Impulse transient 

overvoltage rodto-rod withstand 

(kV peak)* 

60-Hz 

rod-to-rod 

sparkover 

(kV peak) 

Gap 

spacing 

from IEEE 

Std 4–1995 

(cm) 

27.6 ................... 25 2 

39.8 ................... 36 3 

50.8 ................... 46 4 

58.6 ................... 53 5 

66.3 ................... 60 6 

77.4 ................... 70 8 

87.3 ................... 79 10 

95 ...................... 86 12 

105 .................... 95 14 

115 .................... 104 16 

123.8 ................. 112 18 

132.6 ................. 120 20 

158 .................... 143 25 

184.5 ................. 167 30 

212.2 ................. 192 35 

240.9 ................. 218 40 

268.5 ................. 243 45 

298.4 ................. 270 50 

355.8 ................. 322 60 

* The voltage in this column equals the voltage in the second column × 1.3 × 0.85. 


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46962 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 

C. Comparison of the Revised IEEE 

Minimum Approach Distances With 

OSHA’s Proposed Minimum Approach 

Distances 

Table 3 compares OSHA’s proposed 

minimum approach distances with 

distances resulting from the application 

of the changes described earlier in IEEE 

Standard 516–2009. 

TABLE 3—COMPARISON OF MINIMUM APPROACH DISTANCES

Nominal voltage in kilovolts phase to phase* 

Distance (m) 

Phase-to-ground exposure Phase-to-phase exposure 

IEEE 516– 

2009 

Proposed 

tables R–6 

and V–2†

IEEE 516– 

2009 

Proposed 

tables R–6 

and V–2 †

0.051 to 0.300 .................................................................................................................. Avoid contact Avoid contact 

0.301 to 0.750 .................................................................................................................. 0.32 0.31 0.32 0.31 

0.751 to 15.0 .................................................................................................................... 0.64 0.65 0.67 0.67 

15.1 to 36.0 ...................................................................................................................... 0.73 0.77 0.84 0.86 

36.1 to 46.0 ...................................................................................................................... 0.79 0.84 0.94 0.96 

46.1 to 72.5 ...................................................................................................................... 0.89 1.00 1.15 1.20 

72.6 to 121 ....................................................................................................................... 1.01 0.95 1.37 1.29 

138 to 145 ........................................................................................................................ 1.15 1.09 1.62 1.50 

161 to 169 ........................................................................................................................ 1.29 1.22 1.88 1.71 

230 to 242 ........................................................................................................................ 1.71 1.59 2.77 2.27 

345 to 362 ........................................................................................................................ 2.75 2.59 4.32 3.80 

500 to 550 ........................................................................................................................ 3.61 3.42 6.01 5.50 

765 to 800 ........................................................................................................................ 4.82 4.53 8.87 7.91 

* The voltage ranges correspond to those in OSHA’s 2005 proposal. IEEE Standard 516–2009 has additional voltage ranges below 72.5 kV 

and has one additional higher voltage range, 362.1 to 420 kV. The distances shown in this table for IEEE Standard 516–2009 correspond to the 

minimum approach distance for the highest voltage in the range. †See 70 FR 34822, June 15, 2005. 

As can be seen from Table 3, the 

IEEE’s approach in the new version of 

Standard 516 results in the following 

relative differences in minimum 

distances: 

(1) Phase-to-ground and phase-tophase exposures at voltages from 751 

volts to 72.5 kV. The minimum 

approach distances in IEEE Standard 

516–2009 for voltages from 751 volts to 

72.5 kV are approximately 10 percent 

smaller than the corresponding values 

in OSHA’s 2005 proposal. It should be 

noted that, at these voltages, the 

minimum approach distances in both 

OSHA’s proposal and IEEE Standard 

516–2009 reflect minimum air 

insulation distances, not minimum tool 

insulation distances. 

(2) Phase-to-phase exposures at 72.6 

kV and higher. The revised IEEE 

standard results in increases in 

minimum approach distances compared 

to OSHA’s 2005 proposal, with 

substantial increases at voltages of 230 

kV and higher. 

(3) Phase-to-ground exposures at 72.6 

kV and higher. Smaller increases in the 

revised IEEE standard compared to 

OSHA’s 2005 proposal are evident for 

phase-to-ground exposures at voltages of 

72.6 kV and higher. The increased 

minimum approach distances are due to 

the IEEE’s use of minimum tool 

insulation distance rather than 

minimum air insulation distance as the 

electrical component in determining the 

minimum approach distance for phaseto-ground exposures. 

D. Issues on Which Comment Is 

Requested 

OSHA continues to support the text of 

its 2005 proposal and has not yet come 

to any conclusions as to whether the 

minimum approach distances in that 

proposal are based on faulty principles 

or calculations. In light of IEEE’s 

recently published revisions, OSHA is 

reopening the record on the electric 

power generation, transmission, and 

distribution standard to invite 

additional comments, evidence, and 

data on the minimum approach 

distances proposed in 2005. In light of 

the changes made in the new IEEE 

standard, OSHA is now seeking 

additional public comment on the 

proposed minimum approach distances 

for all voltages. OSHA is interested in 

public feedback on the proposed 

minimum approach distances insofar as 

any party has specific comments about 

perceived problems or concerns with 

the calculation methods described in 

the 2005 proposal. The Agency strives 

to adopt a final rule that is based on 

sound and up-to-date engineering and 

scientific principles. Therefore, in 

developing the final rule based on these 

principles, OSHA will review the 

comments received in response to this 

notice, as well as evidence and other 

information gathered at the public 

hearing and in any posthearing 

comment period, including information 

provided in response to the following 

questions: 

1. Should OSHA adopt minimum 

approach distances that are different 

from those proposed in subpart V Tables 

V–2 through V–6 and proposed 

§ 1910.269 Tables R–6 through R–10 

and, if so, what criteria and 

methodology are reasonably necessary 

to protect employees from hazards 

associated with sparkover? 

2. Is there any scientific basis for not 

extrapolating the saturation factor, a, 

beyond the limits of the test data on 

which earlier (that is, pre-2009) versions 

of IEEE Standard 516 relied? Is there 

any test data that can be used to validate 

or invalidate the use of extrapolated 

values for a? 

3. Does the new IEEE methodology for 

calculating minimum approach 

distances for phase-to-phase exposures 

at voltages of 72.6 kV and higher 

represent employee exposure conditions 

better than the methodology OSHA used 

to generate the minimum approach 


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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 46963 

distances in the 2005 proposal? In 

particular, is the use of conductor-toconductor test data modified with the 

use of a 3.3-meter floating electrode 

preferable to the use of rod-to-rod test 

data for representing the range of 

employee exposure conditions? 

4. All of the minimum approach 

distances in the 2005 proposed rule are 

based on the minimum air insulation 

distance. Should the minimum 

approach distances for voltages of 72.6 

kV and higher be based on the 

minimum tool insulation distance, as is 

the case in the 2007 NESC? Should the 

minimum approach distances for 

voltages of 72.5 kV and lower also be 

based on the minimum tool insulation 

distance? 

5. IEEE Standard 516–2009 does not 

provide minimum tool insulation 

distances for phase-to-phase exposures. 

Using an insulated boom on the top or 

middle conductor in a vertical 

configuration and using a live-line rope 

in a similar position involve the use of 

an insulator across the air gap between 

two phases. Are there any other 

situations in which an insulator or a 

live-line tool is used between two phase 

conductors during live-line work? If, in 

the final rule, OSHA bases minimum 

approach distances on minimum tool 

insulation distances, but adopts IEEE’s 

methodology to calculate phase-tophase minimum approach distances, 

how, if at all, should the final rule 

address situations in which insulation is 

present across the air gap? 

6. Existing § 1910.269 and OSHA’s 

2005 proposal set maximum transient 

overvoltages of 3.0 per unit for voltages 

up to 362 kV, 2.4 per unit for voltages 

in the 552-kV range, and 2.0 per unit for 

voltages in the 800-kV range. The 

committee and the electric utility 

industry, as reflected in the NESC and 

earlier editions of IEEE Standard 516, 

believed that these were the highest 

possible transient overvoltages. 

However, IEEE Standard 516–2009 now 

recognizes that even higher maximum 

per-unit transient overvoltages can exist. 

How, if at all, should the final rule 

address the possibility of higher 

maximum transient overvoltages given 

that the proposed rule did not address 

this possibility? 

7. In drafting the final rule, should 

OSHA include the 362.1- to 420-kV 

voltage range appearing in IEEE 

Standard 516–2009 in addition to the 

voltage ranges in the proposed rule? Do 

any existing systems operate at these 

voltages? 

8. OSHA does not anticipate that 

revising the minimum approach 

distances using one of the methods 

outlined in this notice will have a 

substantial impact on compliance costs. 

However, the Agency realizes that some 

companies might be affected by revised 

minimum approach distances. Would 

revised minimum approach distances in 

accordance with one or more of the 

methods described in this notice impose 

additional compliance costs? If so, 

explain the reasons for these costs and 

the frequency with which they will be 

incurred. 

OSHA is reopening the record solely 

on issues related to minimum approach 

distances. The record is not being 

reopened on any other issue. 

E. Informal Public Hearing 

As previously noted, OSHA received 

a request to conduct a public hearing 

from EEI in response to the October 

2008 reopening notice (see Document 

ID: OSHA–S215–2006–0063–0530). 

Based on this request, the Agency is 

scheduling an informal public hearing 

to address the limited issues related to 

the minimum approach distances 

described in this notice. OSHA will 

make witnesses available at the hearing 

to provide testimony and to take 

questions about the minimum approach 

distances proposed in 2005. The Agency 

is relying on the public to provide 

testimony and evidence on the strengths 

and weaknesses of the principles, 

calculations, and minimum approach 

distances set forth in IEEE Standard 

516–2009. The public must use the 

following procedures to participate in 

the hearing. 

Informal public hearings—purpose, 

rules, and procedures. Pursuant to 

section 6(b)(3) of the Occupational 

Safety and Health Act of 1970 (OSH 

Act) (29 U.S.C. 655), OSHA invites 

interested persons to participate in this 

rulemaking by attending the public 

hearing and providing oral testimony 

and documentary evidence on the 

limited issues related to minimum 

approach distances raised in this notice. 

OSHA also welcomes any data or other 

evidence that will assist the Agency in 

developing a complete and accurate 

record on these issues. 

The informal public hearing on 

minimum approach distances will be 

held on October 28, 2009, from 9:30 

a.m. to 1:30 p.m., ET, in Room N3437A, 

B, and C at the U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210. An 

administrative law judge (ALJ) will 

preside over the hearing and will be 

responsible for resolving any procedural 

matters that arise. 

The legislative history of Section 6 of 

the OSH Act, as well as OSHA’s rules 

governing public hearings (29 CFR 

1911.15), establish the purpose and 

procedures of informal public hearings. 

Although the presiding officer of such 

hearings is an ALJ and questioning 

witnesses is allowed on crucial issues, 

the proceeding is largely informal and 

essentially legislative in purpose. 

Therefore, the hearing provides 

interested persons with an opportunity 

to make oral presentations in the 

absence of procedural restraints or rigid 

procedures that could impede or 

protract the rulemaking process. In 

addition, the primary purpose of the 

hearing is to gather information and 

clarify the record; the hearing will be an 

informal administrative proceeding 

rather than an adjudicative one in 

which the technical rules of evidence 

apply. OSHA’s rules governing public 

hearings and the prehearing guidelines 

that the ALJ issues for the hearings will 

ensure fairness and due process for 

participants, as well as facilitate the 

development of a clear, accurate, and 

complete record. Accordingly, 

application of these rules and guidelines 

will be such that questions of relevance, 

procedure, and participation generally 

will be resolved in favor of development 

of the record. 

The conduct of the hearing will 

conform to OSHA’s Rules of Procedure 

for Promulgating, Modifying, or 

Revoking Occupational Safety and 

Health Standards (29 CFR part 1911). 

The rules also specify that the Assistant 

Secretary may, on reasonable notice, 

issue additional or alternative 

procedures to expedite the proceedings, 

to provide greater procedural 

protections to interested persons or to 

further any other good cause consistent 

with applicable law (29 CFR 1911.4). 

Although the ALJs who preside over the 

hearings make no decisions or 

recommendations on the merits of 

OSHA proposed rules, they do have the 

responsibility and authority necessary 

to ensure that the hearing progresses at 

a reasonable pace and in an orderly 

manner and to ensure that interested 

persons receive a full and fair hearing. 

Accordingly, ALJs have the power to 

regulate the course of the proceedings; 

dispose of procedural requests, 

objections, and comparable matters; 

confine presentations to matters 

pertinent to the issues this reopening 

notice raises; use appropriate means to 

regulate the conduct of persons present 

at the hearing; question witnesses and 

permit others to do so; limit the time for 

such questioning; and leave the record 

open for a reasonable time after the 

hearing for the submission of additional 

data, evidence, comments and 

arguments (29 CFR 1911.16). 

Notice of intention to appear at the 

hearing. Interested persons who intend 


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46964 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 

to participate in and provide oral 

testimony or documentary evidence at 

the hearing must file a written notice of 

intention to appear by October 1, 2009. 

To testify or question witnesses at the 

hearing, interested persons must submit 

(transmit, postmark, or deliver) a notice 

by October 1, 2009, providing the 

following information: 

• Name, address, and telephone 

number of each individual who will 

give oral testimony; 

• Name of the establishment or 

organization each individual represents, 

if any; 

• Occupational title and position of 

each individual testifying; 

• Approximate amount of time 

required for each individual’s 

testimony; 

• A brief statement of the position 

each individual will take with respect to 

the issues identified in this notice; and 

• A brief summary of documentary 

evidence each individual intends to 

present. 

OSHA emphasizes that the hearings 

are open to the public; however, only 

individuals who file a notice of 

intention to appear may question 

witnesses and participate fully at the 

hearing. If time permits, and at the 

discretion of the ALJ, an individual who 

did not file a notice of intention to 

appear may be allowed to testify at the 

hearing, but for no more than 10 

minutes. 

Hearing testimony and documentary 

evidence. Individuals who request more 

than 10 minutes to present their oral 

testimony at the hearing or who will 

submit documentary evidence at the 

hearing must submit (transmit, 

postmark, or deliver) the full text of 

their testimony and all documentary 

evidence no later than October 15, 2009. 

The Agency will review each 

submission and determine if the 

information it contains warrants the 

amount of time the individual requested 

for the presentation. If OSHA believes 

the requested time is excessive, the 

Agency will allocate an appropriate 

amount of time for the presentation and 

will notify the individual of that action, 

and the reasons for that action, before 

the hearing. The Agency may limit to 10 

minutes the presentation of any 

participant who fails to comply 

substantially with these procedural 

requirements, and may request that the 

participant return for questioning later. 

Before the hearing, OSHA will notify all 

participants of the time the Agency is 

allowing for their presentations and will 

provide them with prehearing 

guidelines and a hearing schedule. 

Certification of the hearing record and 

Agency final determination. Following 

the close of the hearing and any 

posthearing comment periods, the ALJ 

will certify the record to the Assistant 

Secretary of Labor for Occupational 

Safety and Health. The record will 

consist of all of the written comments, 

oral testimony, and documentary 

evidence received during the 

proceeding. The ALJ, however, will not 

make or recommend any decisions as to 

the content of the final standard. 

Following certification of the record, 

OSHA will review the record and issue 

the final rule based on the record as a 

whole. 

List of Subjects in 29 CFR Parts 1910 

and 1926 

Electric power, Fire prevention, 

Hazardous substances, Occupational 

safety and health, Safety. 

Authority and Signature 

This document was prepared under 

the direction of Jordan Barab, Acting 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. It 

is issued pursuant to sections 4, 6, and 

8 of the Occupational Safety and Health 

Act of 1970 (29 U.S.C. 653, 655, 657), 

Secretary’s Order 5–2007 (72 FR 31160), 

and 29 CFR part 1911. 

Signed at Washington, DC, this 8th day of 

September 2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–22002 Filed 9–11–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 151 

46 CFR Part 162 

[USCG–2001–10486] 

RIN 1625–AA32 

Standards for Living Organisms in 

Ships’ Ballast Water Discharged in 

U.S. Waters 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meetings. 

SUMMARY: The Coast Guard announces a 

series of public meetings to receive 

comments on a notice of proposed 

rulemaking (NPRM) entitled ‘‘Standards 

for Living Organisms in Ships’ Ballast 

Water Discharged in U.S. Waters’’ that 

published in the Federal Register on 

Friday, August 28, 2009. 

DATES: Public meetings will be held in 

the Seattle, WA (September 28, 2009), 

New Orleans, LA (September 30, 2009), 

Chicago, IL (October 2, 2009), 

Washington, DC (October 8, 2009), 

Oakland, CA (October 27, 2009), and 

New York, NY (October 29, 2009) areas 

to provide opportunities for oral 

comments. Written comments and 

related material may also be submitted 

to Coast Guard personnel specified at 

those meetings for inclusion in the 

official docket for this rulemaking. The 

comment period for the NPRM closes on 

November 27, 2009. All comments and 

related material submitted after the 

meeting must either be submitted to our 

online docket via http:// 

www.regulations.gov on or before 

November 27, 2009 or reach the Docket 

Management Facility by that date. 

ADDRESSES: The public meetings will be 

held in the Seattle, WA (September 28, 

2009), New Orleans, LA (September 30, 

2009), Chicago, IL (October 2, 2009), 

Washington, DC (October 8, 2009), 

Oakland, CA (October 27, 2009), and 

New York, NY (October 29, 2009) areas. 

The specific locations and details will 

be announced in the Federal Register 

when they are finalized. 

You may submit written comments 

identified by docket number USCG– 

2001–10486 before or after the meetings 

using any one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. Our online 

docket for this rulemaking is available 

on the Internet at http:// 

www.regulations.gov under docket 

number USCG–2001–10486. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rulemaking, call or e-mail Mr. John 

Morris, Project Manager, Environmental 

Standards Division, U.S. Coast Guard 

Headquarters, telephone 202–372–1433, 

e-mail: John.C.Morris@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 


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