Regl. 7675
Norma de Electricidad; Aclaraciones: Correcciones, Regla Final.
Length: 4,533 wordsOfficial source
Cite as Reglamento Núm. 7675
DEPARTMENT OF STATE
No.
7675
Date:
March 11, 2009
Approved: Hon. Kenneth D. McClintock
Secretary of State
shy
By:
Lcdo. Eduardo Arosemena Muñoz
COMMONWEALTH OF PUERTO Secretary for Services
DEPARTMENT OF LABOR AND HUMAN RESOURCES
Office of the Secretary
Hato Rey, Puerto Rico
RESOLUTION
I, Miguel Romero Lugo, Secretary of Labor and Human Resources, pursuant to
the authority conferred by Section 8 of the Puerto Rico Occupational Safety and Health
Act, Number 16 of August 5, 1975 as amended (29 LPRA 361 et. seq.), hereby amend
the Puerto Rico Occupational Safety and Health Regulation, Number Four (Part 1910)
by adopting the following federal rule:
PART 4 OSH 1910
Electrical Standard; Clarifications; Corrections; Final Rule
73 FR, No. 210, (64202-64205), October 29, 2008
The Occupational Safety and Health Administration (OSHA) takes into
consideration this questions and makes a change in the regulatory text of the
disposition in order to clarify OSHA's position regarding its scope. The change made will
not alter in any way the substantive obligations of the affected parts. In addition, OSHA
is correcting two typographical errors found in table S-3 of the final rule.
We recommend the adoption of this regulation in the federal register, in order for
us to have the same date of effectiveness as that of the Federal Government
(October 29 2008). For this reason, we can protect our workers with the latest changes
in the field of electricity.
This regulation is going to be cited as "4 OSH 1910", instead of "29 CFR 1910".
Please provide this information in the adopting resolution.
Given at San Juan, Puerto Rico on this 30th day ut Jumm of 2009
ymm MIGUEL ROMERO
Secretary
DEPARTMENT OF LABOR AND
HUMAN RESOURCES
64202
Federal Register/Vol. 73, No. 10/Wednesday, October 29, and Regulations
The Regulatory Amendment
(6) Proceed straight west along the
(20) Proceed straight east along the
For the reasons discussed in the
section 19 south boundary line to its
section 2 north boundary line 0.35 mile
intersection with the 3,560-foot
preamble, we amend title 27 CFR,
to its intersection with the 3,600-foot
chapter 1, part 9, as follows:
elevation line, an unimproved road, and
elevation line, T6N, R14W; then
a power transmission line, north of
(21) Proceed north and then generally
PART 9-AMERICAN VITICULTURAL
Lincoln Crest, T6N, R13W; then
southeast along the 3,600-foot elevation
AREAS
(7) Proceed northeast along the 3,560-
line that runs parallel to and south of
foot elevation line across section 19 to
the Portal Ridge to the elevation line's
1. The authority citation for part 9
its east boundary line, T6N, R13W; then
intersection with the section 7 east
continues to read as follows:
(8) Proceed in a straight line northboundary line, T6N, R13W; then
Authority: 27 U.S.C. 205.
northwest approximately 0.25 mile to its
(22) Proceed straight south along the
intersection with a trail and the 3,800-
section 7 east boundary line, crossing
2. Amend subpart C by adding § 9.212
foot elevation line, T6N, R13W; then
onto the Sleepy Valley map, to its
to read as follows:
(9) Proceed northwest along the
intersection with the 3,400-foot
Subpart C-Approved American
meandering 3,800-foot elevation line
elevation line north of the terminus of
Viticultural Areas
through section 19 to its intersection
90th Street, T6N, R13W; then
with the section 13 southeast corner,
(23) Proceed generally east-southeast
§9.212 Leona Valley.
T6N, R14W; then
along the 3,400-foot elevation line that
(a) Name. The name of the viticultural
(10) Proceed straight west, followed
runs north of the San Andreas Rift Zone
area described in this section is "Leona
by straight north, along the marked
to its intersection with the section 16
Valley". For purposes of part 4 of this
Angeles National Forest border to the
east boundary line, T6N, R13W; then
chapter, "Leona Valley" is a term of
section 11 southeast corner; then
(24) Proceed straight south along the
viticultural significance.
(11) Proceed straight north along the
section 16 east boundary line to its
(b) Approved maps. The four United
section 11 east boundary line to its
intersection with the 3,000-foot
States Geological Survey 1:24,000 scale
intersection with the 3,400-foot
elevation line, between Goode Hill Road
topographic maps used to determine the
elevation line south of an unimproved
and Elizabeth Lake Pine Canyon Road,
boundary of the Leona Valley
road, T6N, R14W; then
T6N, R13W; then
viticultural area are titled:
(12) Proceed generally northwest
(25) Proceed generally southeast along
(1) Ritter Ridge, Calif., 1958;
along the 3,400-foot elevation line
the 3,000-foot elevation line, crossing
Photorevised 1974;
through section 11, crossing onto the
onto the Ritter Ridge map, to its
(2) Sleepy Valley, CA, 1995;
Del Sur map, to its intersection with the
intersection with the section 23 east
(3) Del Sur, CA, 1995; and
section 3 southeast corner, T6N, R14W;
boundary line, north of the intermittent
(4) Lake Hughes, CA, 1995.
then
Amargosa Creek and Elizabeth Lake
(c) Boundary. The Leona Valley
(13) Proceed straight west to the
Pine Canyon Road, T6N, R13W; then
viticultural area is located in Los
section 4 southeast corner, T6N, R14W;
(26) Proceed straight south along the
Angeles County, California. The
then
section 23 east boundary line, returning
boundary of the Leona Valley
(14) Proceed straight north along the
to the beginning point.
viticultural area is as described below:
section 4 east boundary line
Signed: April 7, 2008.
(1) From the beginning point on the
approximately 0.05 mile to its
John J. Manfreda,
Ritter Ridge map at the intersection of
intersection with the 3,600-foot
Administrator.
Elizabeth Lake Pine Canyon Road and
elevation line, T6N, R14W; then
the section 23 east boundary line, T6N,
(15) Proceed northwest along the
Approved: August 26, 2008.
R13W, proceed straight south along the
3,600-foot elevation line, through
Timothy E. Skud,
section 23 east boundary line
section 4 and crossing onto the Lake
Deputy Assistant Secretary (Tax, Trade, and
approximately 0.1 mile to its
Hughes map, to its intersection with the
Policy).
intersection with the 3,000-foot
Angeles National Forest border and the
[FR Doc. E8-25747 Filed 10-28-08; 8:45 am]
elevation line, T6N, R13W; then
section 4 western boundary line, T6N,
BILLING CODE 4810-31-P
(2) Proceed west along the 3,000-foot
R14W; then
elevation line to its intersection with the
(16) Proceed straight north along the
section 23 west boundary line, T6N,
section 4 western boundary line to its
DEPARTMENT OF LABOR
R13W; then
intersection with BM 3402, south of
(3) Proceed south along the section 23
Andrade Corner, T7N, R14W; then
Occupational Safety and Health
west boundary line to the southwest
(17) Proceed in a line straight
Administration
corner of section 23 at the 3,616-foot
northeast, crossing onto the Del Sur
marked elevation point, R13W;
map, to its intersection with the marked
29 CFR Part 1910
then
3,552-foot elevation point, section 33,
[Docket No. S-108C]
(4) Proceed west along the section 22
T7N, R14W; then
south boundary line, crossing onto the
(18) Proceed in a line straight east-
RIN 1218-AB95
Sleepy Valley map, and continuing
southeast to its intersection with the
along the section 21 south boundary
marked 3,581-foot elevation point, and
Electrical Standard; Clarifications;
Corrections
line, crossing over Pine Creek, to its
continue in a straight line east-southeast
intersection with the 3,400-foot
to its intersection with the marked
AGENCY: Occupational Safety and Health
elevation line, T6N, R13W; then
3,637-foot elevation point, T6N, R14W;
Administration, Labor.
(5) Proceed west along the 3,400-foot
then
ACTION: Final rule; clarifications;
elevation line to its intersection with the
(19) Proceed in a line straight
correcting amendments.
section 19 south boundary line and
northeast to its intersection with the
Bouquet Canyon Road, T6N, R13W;
section 2 northwest corner, T6N, R14W;
SUMMARY: The Occupational Safety and
then
then
Health Administration (OSHA)
4-0SH-1910-73FR#210
Federal Register/Vol. 73, No. 10/Wednesday, October 29, 2008/Rules and Regulations
64203
published a final rule revising its
A few members of MACOSH and two
provided examples of what OSHA
electrical installation standard for
other individuals have raised questions
considers "construction-like activities"
general industry on February 14, 2007.
regarding the meaning of this provision.
in the discussion of § 1910.305(a)(2)(iii)
This notice clarifies the scope of one
Some of the questions stem from the
related to the use of temporary wiring
provision in the final standard and
structure of the text of the provision,
over 600 volts (72 FR 7163).
addresses some questions raised by
which OSHA is changing in this notice
It should be noted that the discussion
stakeholders on the application of the
to better match the Agency's intent.
of the term "construction-like activities"
provision. This also corrects two
Other questions relate to the meaning of
here and in the preamble to OSHA's
typographical errors located elsewhere
the terms "construction-like" activities
final rule applies only to the use of this
in the final rule.
and "temporary wiring installations."
term in subpart S. It should also be
DATES: The corrections become effective
a. Structure of the Regulatory Text
noted that not all maintenance,
on October 29, 2008.
remodeling, or repair work is
Paragraph (b)(3)(ii) was taken from
FOR FURTHER INFORMATION CONTACT: Mr.
construction-like.
Section 2-2.4.2 of the 2000 edition of
David Wallis, Directorate of Standards
Construction-like activities fall into
NFPA 70E, which reads, in relevant
and Guidance, Room N-3609, OSHA,
two general categories: Activities that
part, as follows:
U.S. Department of Labor, 200
would be covered under OSHA's
Constitution Avenue, NW., Washington,
2-2.4.2 Ground-Fault Protection for
construction standards but for the fact
DC 20210; telephone (202) 693-2222.
Personnel. Ground-fault protection for
that they are specifically covered by
personnel for all temporary wiring
SUPPLEMENTARY INFORMATION: On
other OSHA standards, and all other
installations shall be provided to comply
February 14, 2007, OSHA published a
with 2-2.4.2.1 or 2-2.4.2.2 below. This
activities that do not qualify as
revision of its electrical installation
section shall apply only to temporary wiring
construction but involve electrical
standard for general industry found in
installations used to supply temporary power
hazards similar to those typically found
29 CFR part 1910, subpart S (72 FR
to equipment used by personnel during
in construction work.
7136). This final rule went into effect on
construction, remodeling, maintenance,
The vast majority of activities covered
August 13, 2007. Since the final rule
repair, or demolition of buildings, structures,
under subpart S are in the first category.
equipment or similar activities.
was promulgated, the Agency has
For example, ship building and ship
received some questions from the public
Both OSHA's final rule and NFPA 70E
repair would be considered to meet the
regarding one provision, 29 CFR
are intended to apply to temporary
definition of "construction" because of
1910.304(b)(3)(ii). At its meeting on
wiring installations used during the
their scale and complexity;
August 1, 2007, in Oakland, CA, the
performance of construction-like
nevertheless, the hazards associated
Maritime Advisory Committee on
activities. From questions the Agency
with this work are specifically covered
Occupational Safety and Health
has received about this provision, the
by OSHA's shipyard employment
(MACOSH) discussed the provision and
intent of the rule may not be readily
standards. However, the shipyard
several MACOSH members were
apparent from the text. Because part
standards do not protect employees
uncertain about the extent of the
1910 does not apply to construction, the
from all of the hazards addressed by
application of this provision to shipyard
Agency removed "construction" from
paragraph (b)(3)(ii) of § 1910.304; in
employment and had questions on how
the list of activities specifically
such instances, this paragraph applies to
the Agency would interpret the rule.
mentioned in NFPA 70E and changed
hazards not covered by the shipyard
Consequently, MACOSH recommended
"similar activities" to "similar
standards, as outlined in § 1910.5(c).
that the Agency use the best available
construction-like activities." OSHA did
(The application of subpart S to
means to assist employers in complying
not, however, intend to deviate from the
shipyard employment is discussed in
with the requirements of the provision
underlying intent of the NFPA 70E
more detail in the preamble to the final
and that the Agency delay the effective
provision, which was to limit its
rule, 72 FR 7141.)
date of § 1910.304(b)(3)(ii) for a period
application to activities that were
The remaining activities intended to
of 6 months or until the Agency can
construction-like in nature. The Agency
be covered under subpart S fall into the
clarify the standard.
is concerned that the regulatory text of
second category of construction-like
In this notice, OSHA addresses these
§ 1910.304(b)(3)(ii) may be read to
activities. This category includes certain
questions and makes one change to the
include activities that are not
"maintenance, remodeling, or repair
regulatory text of the provision in order
construction-like. To clarify the
activities involving buildings,
to clarify OSHA's intent regarding its
Agency's intent, OSHA is revising the
structures, or equipment" that pose
scope. This change does not alter the
introductory text to § 1910.304(b)(3)(ii)
electrical hazards similar to those
to read:
substantive obligations of affected
typically found in construction work. In
parties. Additionally, OSHA is
The following requirements apply to
this respect, OSHA intends the term
correcting two typographical errors
temporary wiring installations that are used
"construction-like" to apply to activities
located in Table S-3 of the final rule.
during construction-like activities, including
that, while not construction, involve
certain maintenance, remodeling, or repair
some of the hazards that are typically
Clarifications
activities, involving buildings, structures or
found in construction work. In general,
equipment. [Emphasis added.]
1. What is the application of
these are activities that pose hazards
§ 1910.304(b)(3)(ii)?
This change makes it clear that
that are similar to those associated with
§ 1910.304(b)(3)(ii) applies only to such
the use of temporary receptacles on
As originally published, the
activities.
construction sites-that is, hazards
introductory text to § 1910.304(b)(3)(ii)
read as follows:
b. Construction-Like Activities
resulting from more severe use or
environmental conditions. Examples of
The following requirements apply to
When determining whether the
such activities include: Damage to a
temporary wiring installations that are used
provisions of § 1910.304(b)(3)(ii) apply,
cord set 1 from rough use; exposure to
during maintenance, remodeling, or repair of
employers must determine whether a
buildings, structures, or equipment or during
particular activity is "construction-like"
1A cord set is commonly known as an extension
similar construction-like activities.
in nature. The preamble to the final rule
cord.
64204
Federal Register/Vol. 73, No. 10/Wednesday, October 29, 2008 and Regulations
wet, damp, or conductive conditions,
C. Temporary Wiring
OSHA notes, however, that this
such as often encountered when
working outside; and frequent
In addition, paragraph (b)(3)(ii)
temporary wiring would only be
applies only to temporary wiring
covered by § 1910.304(b)(3)(ii) if it is
reconfiguration and rearrangement of
installations. OSHA does not consider a
used during "construction-like
the electric equipment.
activities."
Some examples of this type of
single extension cord set connected to a
construction-like activity were given in
permanent receptacle outlet to be a
2. Does § 1910.304(b)(3)(ii) apply to all
the preamble to the final rule, including
temporary wiring installation.³ In such
receptacles or only those on branch
situations, extension cords are typically
circuits?
clean up and disaster remediation. To
illustrate, if a storm blew over a tree on
used to extend the length of the power
Paragraph (b) of § 1910.304 applies
a factory's premises and temporary
supply cord on a tool or appliance to
only to branch circuits. The definition
wiring was employed to power a
reach a nearby receptacle outlet. In this
of "branch circuit" is "[t]he circuit
chainsaw and other clean-up
application, OSHA considers the
conductors between the final
equipment, such remediation activity
extension cord set to be part of the
overcurrent device protecting the circuit
would be construction-like.
utilization equipment.
and the outlets." The definition of
Other examples of construction-like
Paragraph (a)(2)(v)(A) of § 1910.305
"outlet" is "[a] point on the wiring
activities follow.
requires temporary wiring branch
system at which current is taken to
Example A: Employees are engaged in
circuits to originate in an approved
supply utilization equipment." Thus,
a minor building repair using temporary
power outlet or panelboard. Normally,
the branch circuit extends from the final
wiring. The conditions are damp or an
this is done through a portable
overcurrent device to points on the
electric cord set is being used and is
distribution board, portable power
circuit where power is taken to supply
subjected to rough use or abuse.
outlet, or similar equipment. All the
utilization equipment (for example, an
wiring extending from the portable
Example B: Manufacturing
electric tool). Receptacles that are used
power outlet or panelboard would be
to power downstream cord-connected
prefabricated housing, in which houses
considered temporary wiring. However,
overcurrent devices for additional
or portions of houses are assembled in
in a permanent facility, it may be
a manufacturing plant. This process
circuits are not covered because they are
possible to run a series of cord sets from
not part of the branch circuit. For
poses some electrical hazards that are
permanent outlets as a means of
example, receptacles on a spider box
similar to those found during housing
supplying power on a temporary basis.
construction (for example, rough use of
that supply downstream spider boxes
Although the NEC and NFPA make no
cord sets).
with overcurrent-protected circuits
clear distinction between temporary
would not be covered by
Example C: Performing heat
wiring and the use of extension cord
$ 1910.304(b)(3)(ii). A spider box is a
exchanger tubing water-blasting (hydrosets, under certain conditions, the use of
portable power outlet unit used with
cleaning) using temporary wiring. This
multiple cord sets would constitute a
temporary wiring installations. The box,
process is usually done outside in wet
temporary wiring installation. A series
which is typically fed by a 125/250-volt,
and conductive environmental
of extension cord sets run from a single
50-ampere cord set, contains
conditions and may involve rough cord
permanent outlet would constitute
overcurrent protection for 125- or 250-
use.
temporary wiring though such an
volt, 15-, 20-, or 30-ampere receptacle
Maintenance activities that do not
installation would not strictly comply
outlets 5 and frequently contains a passinvolve electrical hazards similar to
with the requirements relating to the
through 50-ampere outlet for
those found in construction are not
origin of temporary branch circuits.
downstream spider boxes. The 50-
"construction-like," and therefore are
Similarly, running a long extension cord
ampere receptacle outlets are not
not subject to § 1910.304(b)(3)(ii).
set from a permanent outlet to power
receptacle outlets when they supply
Building maintenance activities such as
more than one piece of electric
downstream spider boxes. They are
floor polishing and vacuuming and
equipment would result in a temporary
receptacle outlets when they supply 50-
drilling holes to hang pictures on walls,
wiring installation.
ampere electric utilization equipment
would be some common examples of
Thus, for the purposes of
directly.
such activities.
§ 1910.304(b)(3)(ii), OSHA will consider
Activities that are large in scale,
3. Does the standard recognize all forms
as "temporary wiring" the use of more
complex, or require significant time,
of ground-fault protection devices or
than one extension cord (connected in
materials, and tools to complete
only ground-fault circuit interrupters
series or otherwise) to a permanent
typically would be considered actual
approved by nationally recognized
outlet, or the temporary connection of
construction work instead of
testing laboratories (NRTL)?
more than one piece of utilization
construction-like.² As such, these
equipment to an extension cord set that
The standard requires ground-fault
activities would be subject to the
is connected to a permanent receptacle
circuit interrupters for personnel
construction standards instead of
outlet.⁴
protection in § 1910.304(b)(3)(ii)(A). As
subpart S. To illustrate, the stripping
electric equipment, these GFCIs must be
and repainting of a bridge would not be
³It should be noted that the language in the GFCI
NRTL approved.⁶ These devices have
subject to subpart S, because it would be
provision in the construction standards is not the
trip levels of approximately 5
considered construction.
same as the language in subpart S. The construction
milliamperes and trip in as little as
standard (§ 1926.404(b)(1)) applies its GFCI criteria
to receptacle outlets that are not a part of the
0.025 seconds. Devices such as ground-
2 Note that confined space activities specified in
permanent wiring without regard to whether they
OSHA Directive CPL 02-00-100, Application of the
are used with a temporary wiring installation. Thus,
to an approved relocatable power taps used in
Permit-Required Confined Spaces (PRCS) Standard,
under the construction standard, a GFCI is required
accordance with its listing or labeling.
29 CFR 1910.146, are covered by the general
for an extension cord set plugged into a permanent
5 Spider boxes are typically manufactured with
industry confined space standard. Appendix E,
120-volt, 15- or 20-ampere receptacle outlet unless
built-in GFCI protection for these receptacles.
Question 8, of that directive gives examples of
the employer is using an assured equipment
⁵Paragraph (a) of $ 1910.303 requires all electric
activities covered by the general industry confined
grounding conductor program.
equipment to be approved. Under the definitions of
space standard that may be considered
This interpretation does not apply to the
"approved" and "acceptable," this generally
construction-like.
connection of multiple pieces of electric equipment
requires approval by an NRTL.
Federal Register/Vol. 73, No. Wednesday, October 29, Rules and Regulations 64205
fault protection for equipment, earthrequests for immediate formal guidance
DEPARTMENT OF THE INTERIOR
leakage detectors, and similar
to assist employers in complying with
equipment are not acceptable
the existing standards.
Minerals Management Service
substitutes. These devices, which may
also be NRTL approved, interrupt the
List of Subjects in 29 CFR Part 1910
30 CFR Parts 203 and 260
circuit at higher trip levels and, in some
Electric power, Fire prevention,
cases, do not function to trip the circuit
Hazardous substances, Occupational
RIN 1010-AD29
automatically at all.
safety and health, Safety.
4. Does the standard require GFCIs to be
Royalty Relief for Deepwater Outer
Authority
Continental Shelf Oil and Gas
used with branch circuits supplying
This document was prepared under
Leases-Conforming Regulations to
temporary lighting?
the direction of Edwin G. Foulke, Jr.,
Court Decision
The standard requires GFCI protection
Assistant Secretary of Labor for
for temporary circuits supplying
AGENCY: Minerals Management Service
Occupational Safety and Health, 200
lighting only when those circuits also
(MMS), Interior.
Constitution Avenue, NW., Washington,
supply receptacles. Employers are not
DC 20210.
ACTION: Final rule; delay of effective
required by the standard to install GFCIs
date.
for lighting if the design of the
This action is taken pursuant to
temporary lighting is such that the
sections 4, 6, and 8 of the Occupational
SUMMARY: MMS is delaying until
circuits do not also supply receptacles.7
Safety and Health Act of 1970 (29 U.S.C.
December 8, 2008, 60 days from the date
653, 655, 657), Secretary of Labor's
of publication, the effective date of a
Exemptions From Notice and Comment
Order No. 5-2007 (72 FR 31160), and 29
rule that will conform the regulations at
and Delay in Effective Date
CFR Part 1911.
30 CFR parts 203 and 260 to the Federal
Under the Administrative Procedure
Signed at Washington, DC, this 24th day of
Court's decision in Santa Fe Snyder
Act (APA), an agency may make a "good
October 2008.
Corp. V. Norton, 385 F.3d 884 (5th Cir.
cause" finding that notice and comment
Edwin G. Foulke, Jr.,
2004). This delay of effective date is
rulemaking procedures would be
Assistant Secretary of Labor for Occupational
necessary to comply with the
impracticable, unnecessary, or contrary
Safety and Health.
Congressional review provisions of the
to the public interest. 5 U.S.C. 553(b)(B);
Small Business Regulatory Enforcement
Part 1910 of Title 29 of the Code of
see also 26 CFR 1911.5 (permitting
Fairness Act of 1996, 5 U.S.C. 801 et
OSHA to promulgate minor changes or
Federal Regulations is amended as
seq. (the Congressional Review Act).
follows:
amendments to standards without
DATES: The effective date of the rule
notice and comment when the changes
PART 1910-[AMENDED]
amending 30 CFR parts 203 and 260
are accompanied by a statement of good
published at 73 FR 58467, October 7,
cause for the absence of notice and
Subpart S-[Amended]
2008 is delayed until December 8, 2008.
comment). An agency may similarly
FOR FURTHER INFORMATION CONTACT:
make the rule effective upon publication
1. The authority citation for subpart S
Marshall Rose, Chief, Economics
when it determines that delaying the
is revised to read as follows:
Division, Minerals Management Service
effective date of the rule, as normally
Authority: Secs. 4, 6, 8, Occupational
at (703) 787-1536.
required by 5 U.S.C. 553, is unnecessary
Safety and Health Act of 1970 (29 U.S.C. 653,
SUPPLEMENTARY INFORMATION: The rule
and good cause exists to make the rule
655, 657); Secretary of Labor's Order No. 8-
effective immediately. 5 U.S.C.
published October 7, 2008, amends 30
76 (41 FR 25059), 1-90 (55 FR 9033), 5-2002
553(d)(3).
(67 FR 65008), 5-2007 (72 FR 31160), as
CFR parts 203 and 260 to conform the
In this instance, OSHA finds that
applicable; 29 CFR part 1911.
regulations to the decision in Santa Fe
good cause exists under 5 U.S.C.
Snyder. That decision found that certain
553(b)(B) and (d)(3) to forego public
§ 1910.303 General.
provisions of the MMS regulations
notice and comment for these minor
2. Amend Table S-3 by correcting
interpreting section 304 of the Deep
amendments and to make them effective
"2.81" and "9.01," the first entries
Water Royalty Relief Act are contrary to
immediately upon publication in the
under the column heads "m" and "ft,"
the requirements of the statute. Under
Federal Register. Notice and comment
the rule, MMS will determine lessees'
to read "2.8" and "9.0," respectively.
procedures for the amendments herein,
royalty under leases subject to Deep
as well as a delay in the effective date
3. Revise the introductory text to
Water Royalty Relief Act section 304, for
§ 1910.304(b)(3)(ii) to read as follows:
of the amendments, are unnecessary
both past and future periods, in a
because the amendments are minor
manner consistent with the decision in
1910.304 Wiring design and protection.
clarifications and typographical
Santa Fe Snyder. As stated in the
*
*
*
*
*
corrections that do not affect the
preamble therein, the final rule has been
(b)
*
*
*
substantive requirements or coverage of
determined to be both "major". and
(3)
*
*
the standards involved, modify or
"economically significant."
revoke existing rights and obligations, or
(ii) The following requirements apply
Accordingly, the Congressional Review
establish new rights and obligations.
to temporary wiring installations that
Act requires that before this final rule
Moreover, the clarifications respond to
are used during construction-like
can take effect, an agency shall submit
activities, including certain
the rule to Congress for review for a
OSHA notes that Section 590.4(D) of the 2005
maintenance, remodeling, or repair
period of 60 days from the date of
National Electrical Code (NEC) prohibits the
activities, involving buildings,
publication in the Federal Register or
installation of receptacles on branch circuits that
structures or equipment.
receipt of the rule by Congress,
supply temporary lighting for construction sites.
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whichever is later. 5 U.S.C. 801(a)(3)(A).
This requirement is intended to ensure that
temporary lighting is not subject to tripping by the
This delay of the effective date will
GFCIs required on construction sites. Subpart S
[FR Doc. E8-25789 Filed 10-28-08; 8:45 am]
assure ample time for that required
does not contain a similar prohibition.
BILLING CODE 4510-26-P
review.