effective date of the standard. Of the new provisions identified in
Sec.  1910.302(b)(4), there are 14 provisions (or sets of related
provisions) in Category 4 that were added or last revised in the 1999
NEC. A number of these provisions represent changes in design and/or
operating practices. OSHA believes that with the appropriate lead time
(that is, sufficient delay in the effective date of the final rule),
these provisions should not result in any incremental costs because
these requirements can be reviewed and considered, and the electrical
installation practices altered as necessary, prior to any work being
performed. For instance, the requirement in Sec.  1910.303(f)(4) for
disconnecting means to be capable of being locked in the open position
can be met through selecting appropriate equipment in the installation
design phase of a project. The feature required by this provision is
already available in new equipment. OSHA sees no appreciable difference
in cost between a disconnecting means that is capable of being locked
in the open position and one that is not. Other provisions, such as
Sec.  1910.303(g)(1)(vii), which requires certain electric equipment to
be installed in dedicated space, involve facility layout that can be
met with no appreciable cost impact as long as the requirement is taken
into consideration during the installation design phase of a
project.\54\ The final rule provides employers with a 6-month delay in
effective date, in part, so that they can incorporate such
considerations during the design of new electrical installations. (See
section XII, Effective Date and Date of Application, later in this
preamble.)
---------------------------------------------------------------------------

    \54\ For example, a lighting fixture installed over a panelboard
must be more than 1.83 m above the floor. It should not cost
significantly more to install the fixture at such a height than it
would to install it at a lower one.
---------------------------------------------------------------------------

    In addition to the provisions identified in Sec.  1910.302(b)(4),
there are also new provisions identified in Sec.  1910.302(b)(2) and
(b)(3) of the final rule that apply to: (1) Electrical system and
equipment installations (either first time or major replacement,
modification, repair, or rehabilitation) made after March 15, 1972; and
(2) electrical system and equipment installations (either first time or
major replacement, modification, repair, or rehabilitation) made after
April 16, 1981, respectively. Reviewing the provisions identified in
Sec.  1910.302(b)(2) and (b)(3) of the final rule, there are 13 new
provisions (or sets of related provisions) in Category 4 that were
added or last revised in the 1999 NEC. Table 7 also lists those
provisions with cost implications. Again, a number of these 13 new
provisions represent changes in design or operating practice rather
than new equipment requirements, and as discussed earlier, are not
expected to result in any incremental costs as long as there is
sufficient delay in the effective date of the final rule.
    OSHA has examined other new provisions for possible cost impacts.
First, Sec.  1910.302(b)(1) of the existing and final rule identifies
those provisions (that is, specific sections in the standards) that all
new and existing electrical system and equipment installations must
meet regardless of the installation date. For these provisions in the
existing and final rule, there is no grandfathering of older, existing
electrical system and equipment installations. However, OSHA has
concluded that Sec.  1910.302(b)(1) imposes no new, substantive
Category 4 requirements for existing electrical systems and equipment
installations. Further, while Sec.  1910.302(b)(1) does add new
coverage from Sec.  1910.307, only documentation of hazardous locations
is a totally new requirement, and the documentation for the division
system only applies to installations made or overhauled after the
effective date. The rest of the new provisions in Sec.  1910.307 allow
employers to continue using the division system or to implement an
alternative zone system for classifying hazardous locations containing
flammable gases or vapors. They should not result in any additional
costs unless employers voluntarily choose to abandon their present
division system in favor of the alternative zone system. Finally, there
are new provisions not contained in the existing OSHA electrical
installation standard that were originally in the 1971 NEC and were
enforced by OSHA between March 15, 1972, and April 16, 1981. The latest
version of NFPA 70E reincorporated these provisions. (For a full
explanation, see the discussion of final Sec.  1910.302(b)(2), in
section V, Summary and Explanation of the Final Standard, earlier in
the preamble.) OSHA believes that these provisions represent widespread
current industry practices, because they have been part of every
version of the NEC since 1971, including the 1999 and 2002 editions,
and will not impose any additional cost.

B. Potentially Affected Establishments

    The electrical safety standard is based primarily upon the 2000
NFPA 70E recommendations, which, in turn, are based on the 1999 NEC.
Consequently, companies that are installing electrical systems and
equipment in their facilities in locations where the 1999 (or 2002) NEC
is currently being followed

will not be further impacted by OSHA's rulemaking with respect to new
installations. Further, given that there are no new, substantive
Category 4 provisions in the rule that are mandatory for all existing
electrical system and equipment installations (see above discussion),
these provisions will not result in any economic impact for existing
installations, until they are replaced, repaired, and/or renovated.
    In order to estimate the number of employers potentially impacted
by the rulemaking, OSHA has identified the States and municipalities
that currently mandate the 1999 (or 2002) National Electrical Code
(NEC), that currently mandate using an earlier NEC, or that have no
mandated statewide electrical code pertaining to new installations.\55\
These states were identified using information contained in the
Directory of Building Codes and Regulations, by City and State
(National Conference of States on Building Codes and Standards, NCSBCS,
2002). In sum, 38 of the 50 States have already passed mandatory
minimum building or fire codes specifying that new construction
(including new electrical installations) must meet or exceed the
requirements of the 1999 (or 2002) National Electrical Code (NEC).\56\
Thus, OSHA assumes that employers in the covered industries in all
locations in these 38 States (except for Baltimore, MD) will be
unaffected by OSHA's rulemaking with respect to new installations.
These States (with the particular NEC indicated) are listed in Table 5:
---------------------------------------------------------------------------

    \55\ In States with no mandated electrical code pertaining to
new installations, OSHA's existing standards, which are primarily
based on the 1971 and 1978 NECs, are the governing rules. (In State
Plan States, each State has adopted a standard that Federal OSHA has
found to be at least as effective as the Federal standard. For all
practical purposes, this means that OSHA's existing standard is the
governing standard unless the State has adopted a more stringent
standard.)
    \56\ Maryland has adopted the 1999 NEC as a Mandatory Minimum
Code, exempting Baltimore from compliance. Generally when a state
updates these mandatory minimum requirements, the new requirements
apply only to new facilities or installations.

  Table 5.--States With Building or Fire Codes That Meet or Exceed the
                      1999 National Electrical Code
------------------------------------------------------------------------

-----------------------------------------------------------------------------
Alaska
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Indiana
Kentucky
Maine
Maryland
Massachusetts
Michigan
Minnesota
Montana
Nebraska
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Utah
Vermont
Washington
West Virginia
Wisconsin
Wyoming
------------------------------------------------------------------------

    Moreover, 16 large cities in other States have also adopted the
1999 NEC. Therefore, employers in the covered industries in these
municipalities are also expected to be unaffected by OSHA's rulemaking
with respect to new installations. These cities are listed in Table 6:

  Table 6.--Cities That Have Adopted the 1999 National Electrical Code
------------------------------------------------------------------------

---------------------------------------------------------------------------
Austin, Texas
Chicago, Illinois
Dallas, Texas
Des Moines, Iowa
El Paso, Texas
Forth Worth, Texas
Honolulu, Hawaii
Houston, Texas
Jackson, Mississippi
Kansas City, Missouri
Las Vegas, Nevada
Phoenix, Arizona
San Antonio, Texas
St. Louis, Missouri
Tucson, Arizona
Wichita, Kansas
------------------------------------------------------------------------

    Further, the State of Alabama has adopted a limited mandatory
minimum code, which, in effect, requires that hotels, schools, and
movie theaters follow the 2002 NEC. Therefore, in this analysis,
hotels, schools, and movie theaters in Alabama have been included with
the group of 38 States and 16 large cities (described above) that
currently follow the 1999 (or 2002) NEC.
    The remaining 12 States (or portions of these States) that would
likely be affected by OSHA's rulemaking can be separated into two
subgroups: (1) States or municipal jurisdictions that have adopted the
1996 version of the NEC; and (2) States that have not adopted any
statewide electrical code covering all non-government-owned buildings
or facilities (that is, private sector installations). For group 1, to
the extent that any of these jurisdictions adopt a later version of the
NEC before this final rule goes into effect, annual compliance costs
will likely be lower than estimated below.
    Five States and three cities fall into the first of the two
subgroups described above. These include all locations in Louisiana and
Virginia, as well as portions of Arizona, Iowa, and Nevada (that is,
all locations in these three States excluding the four large cities in
these States that have adopted the 1999 NEC, as indicated in the list
above). The three large cities in the first subgroup include Baltimore,
MD, Birmingham, AL (excluding hotels, schools, and movie theaters), and
Washington, DC. Employers in these locations may be affected to the
extent that the 1999 NEC, which is the basis for the rulemaking,
differs from the 1996 NEC.
    Many of the new provisions in the final rule, including those in
Category 4 that have potential cost implications for new electrical
systems and equipment installations, date back to the 1996 NEC or to an
NEC prior to 1996. Thus, for these provisions, employers in locations
now requiring that the 1996 NEC be followed will not be affected by
OSHA's rulemaking with respect to new installations.
    Seven States have not yet adopted any statewide electrical code
that applies to all private sector employers. These States include:
Alabama (excluding hotels, schools, and movie theaters), Hawaii,
Illinois, Kansas, Mississippi, Missouri, and Texas. Employers in these
States are expected to be the most affected (of the three subgroups) by
OSHA's rulemaking, since no Statewide electrical code is currently
required. For these seven States, OSHA's existing electrical
installation standard, which is primarily based on the 1971 and 1978
NECs, governs.\57\ Below the Statewide level, it is not clear to what
extent local jurisdictions have passed local electrical ordinances that
exceed the 1971 and 1978 NECs and are consistent with the

1999 NEC. While it is likely that some local jurisdictions within these
states enforce the 1999 (or 2002) NEC, OSHA's analysis treats these
States as though they are not in compliance with either the 1999 or
2002 NEC for purposes of analysis. As a consequence, the estimated
compliance costs are likely to be overstated.
---------------------------------------------------------------------------

    \57\ Note that of these seven States, Hawaii is the only State
Plan State. Hawaii has adopted the Federal standard.
---------------------------------------------------------------------------

    Using data from the U.S. Department of Commerce's 1997 County
Business Patterns database, OSHA has estimated the total number of
affected establishments and employment in those establishments for the
58 two-digit SICs covered by the general industry electrical safety
installation standard.\58\ In addition, the number of establishments
and employment that are already subject to the 1999 NEC, the 1996 NEC,
the 1990 NEC, and no statewide electrical code, are also estimated. For
those cities (identified above) that are currently following a
particular electrical code, OSHA has estimated the number of
establishments and employment in these cities using, as a surrogate,
the data for the county in which the cities are located.
---------------------------------------------------------------------------

    \58\ These 58 SICs include employers in shipyard employment,
longshoring, and marine terminals. Consistent with the preliminary
analysis, OSHA in this final analysis has grouped affected
industries according to the 1987 Standard Industrial Classification
System. For industry coding under the North American Industry
Classification System (NAICS), see NAICS, Executive Office of the
President, Office of Management and Budget, 1997 and 2002, or http://www.census.gov/epcd/www/naics.html
.

---------------------------------------------------------------------------

    The data indicate that there are an estimated 5.6 million
establishments with 89.8 million employees in the industries covered by
the general industry electrical safety installation standard. About
84.7 percent of the establishments, employing about 85.3 percent of the
employees, are in States or cities that have adopted the 1999 (or 2002)
NEC. Approximately 6.3 percent of both the establishments and employees
are in States or cities that have adopted the 1996 NEC. The remaining
approximately 9.0 percent of the establishments, employing about 8.4
percent of the employees, are in States (excluding certain cities in
these States) that have not adopted a statewide electrical code
applicable to private sector employers. Table 8 summarizes these
findings.

C. Benefits

    Occupational fatalities associated with electrical accidents remain
a significant and ongoing problem. The final rule would benefit
employees by reducing their exposure to electrical hazards thereby
reducing both fatal and nonfatal injuries.
    Table 9 presents data from the Survey of Occupational Injuries and
Illnesses and the Census of Fatal Occupational Injuries on the number
of work-related injuries and deaths in private industry attributed to
contact with electrical current for 1992-2004. While the numbers of
injuries and deaths appear to have declined, this decline has not been
consistent throughout the time for which data are available.
Electrical-related injuries increased between 1992 and 1994, then
declined for 1995 to 1997. For 1998 and 1999, injuries again increased.
Note that the percentage of occupational injuries associated with
electrical hazards has remained essentially constant throughout 1992 to
2004. The number of deaths associated with contact with electrical
current declined in 1993, but rose during 1994 and 1995. Deaths dropped
in 1996, but rose again in 1997 and 1998. As a percentage of total
occupational fatalities, death due to electrocution appears to have
remained constant or declined slightly. However, contact with
electrical current remains a significant source of occupational
fatality, accounting for 4.4 percent of total occupational fatalities
in 2004.
    For more than 30 years, electrical hazards have been a target of
OSHA rules. This rule will help to further reduce the number of deaths
and injuries associated with electrical accidents, and ensure that a
downward trend in these incidents is sustained.
    To determine the extent to which the standard may reduce the number
of deaths attributable to electrical accidents, OSHA examined its
accident investigation reports for the States without any statewide
electrical code.\59\ The most recent and complete reports cover 1990-
1996, and provide detailed information on the cause of fatal electrical
accidents. The accident cause can be used to ascertain whether the
death would have been prevented by compliance with the final rule. As
an initial screen, OSHA reviewed the reports for accidents that could
have been prevented through the use of a GFCI. While OSHA expects that
other provisions of the revised standard potentially will reduce deaths
due to electrical accidents, this initial screen focused on GFCI-
related accidents since they are relatively easy to isolate using a key
word search through all reports. Thus, the accident report analysis is
conservative in the sense that it likely understates the number of
deaths preventable under the revision to Subpart S.
---------------------------------------------------------------------------

    \59\ Some cities within these States have adopted the 1999 (or
later) NEC, and these cities were excluded when examining the
accident report data.
---------------------------------------------------------------------------

    OSHA found that there were at least nine deaths in the seven States
that lacked a statewide electrical code during 1990-1996, or an average
of 1.3 deaths per year that could have been prevented with the use of a
GFCI. Based on EPA's estimate of a value of $6.1 million for a
statistical life, the estimated 1.3 lives saved per year (that is,
between 1 and 2 lives saved per year) under the final rule would
translate to an annual benefit of $7.9 million (ranging from $6.1
million to $12.2 million).\60\ As noted above, the monetized benefits
understate total benefits since they do not cover all potentially
preventable deaths. Moreover, they do not account for any preventable
nonfatal injuries.
---------------------------------------------------------------------------

    \60\ See EPA's Guidelines for Preparing Economic Analyses, EPA
240-R-00-003, September 2000. Note that the $6.1 million is in 1999
dollars. If this figure is updated for inflation using the CPI as
EPA indicates is appropriate, the estimated 1.3 lives saved per year
(between 1 and 2 lives saved per year) would translate to an annual
benefit of $9.4 million (between $7.2 million and $14.4 million) in
2005 dollars.
---------------------------------------------------------------------------

    In addition to quantifiable potential benefits, this update to
OSHA's electrical standards yields important unquantified benefits. The
revised standard potentially reduces industry confusion and
inefficiency associated with the current standard, which is out of date
with today's technology. While OSHA has a long-standing policy of
permitting employers to comply with more current versions of national
consensus standards to the extent the more current version is as
protective as the older version, this does not address all the concerns
with the outdated standard. The older electrical standards may not
address the hazards associated with newer equipment and machinery,
leaving employers unsure which requirements presently apply. For
example, the final standard contains requirements for electric
equipment installed in hazardous locations classified under the zone
classification system, which is not addressed in the existing standard.
(See the summary and explanation of zone classification in section N.
earlier in the preamble.) The update to Subpart S will reduce or
eliminate these problems.

D. Estimation of Compliance Costs

    OSHA adopted a conservative approach to estimating compliance
costs, and consequently, the estimates reported below are likely to
overstate actual compliance costs. In summary, OSHA did not estimate
any cost savings associated with the final rule, even

though many new, potentially less costly alternative compliance methods
are incorporated in the final rule. For example, as noted above, the
rule will permit electric equipment in Class I hazardous locations to
be installed under the zone classification system, which is not
addressed in the existing standard. Because the hazardous locations
provision potentially reduces industry confusion and inefficiency
associated with the current standard, costs savings are likely.
    For all provisions with the exception of Sec.  1910.304(b)(3)(ii)
(GFCI protection for temporary wiring installations), cost estimates
were developed on a project-level basis. This involved obtaining data
on the number of construction and other major renovation, addition, and
alteration projects performed annually in States and local
jurisdictions that do not now mandate the 1999 NEC (or equivalent).\61\
Table 10 summarizes the data on the number of projects potentially
impacted by the final rule. In States and local jurisdictions that do
not now mandate the 1999 NEC (or equivalent), the data indicate that
there were a total of 29,306 project starts in 2001, consisting
primarily (91 percent) of small projects under $3 million. Less than
0.5 percent of the projects were large projects over $25 million.
---------------------------------------------------------------------------

    \61\ Data on new and other (major renovation, addition, and
alteration) construction projects started annually between 1998 and
2001 are compiled by F.W. Dodge (Schriver, 2002). While construction
projects serve as the basis for estimating costs, construction is
not covered by the final standard. Rather, it is the particular
product or output of the construction project that is covered.
---------------------------------------------------------------------------

    For Sec.  1910.304(b)(3)(ii), compliance costs were estimated on an
establishment-level rather than project-level basis. OSHA estimates
that approximately 861,400 establishments are in locations that either
are currently following the 1996 NEC or have not adopted a statewide
electrical code applicable to private sector employers. These employers
potentially are impacted by the final rule. Costs per provision were
computed according to establishment size: establishments with fewer
than 100 employees, establishments with 100-499 employees, and
establishments with 500 or more employees.
    All potentially impacted projects/establishments would not
necessarily be affected by each and every provision, and some would not
be affected at all in any given year. Thus, it was necessary to
estimate the percentage of projects/establishments affected by each
provision annually. This percentage, when multiplied by the number of
potentially impacted projects/establishments yields the number of
projects/establishments subject to each provision annually without
considering baseline levels of compliance. Table 11 presents the
estimated percentage of projects/establishments that actually would be
affected by each provision annually. These estimates were based on
experience and technical knowledge of electrical practices.
    Baseline levels of compliance associated with each of the new
provisions also were considered. Baseline levels of compliance were
estimated for each provision by considering construction requirements
imposed by mortgage lenders and insurance carriers and installation
practices routinely followed by licensed electricians (given their
formal training). (See the earlier discussion of categories of changes
in the final rule.) These requirements and installation practices are
generally consistent with the current NEC requirements. Moreover, it is
expected that these requirements and practices generally become more
prevalent as the size of the establishment or project increases. Table
12 presents the estimated percentages for baseline compliance rates.
These estimates were based on experience and technical knowledge of
electrical practices.
    For each provision, estimates of labor and material costs were
developed on a project level basis. Labor costs are based on an hourly
wage rate of $20.44 for an electrician in the construction sector (SICs
15-17 (NAICS 236-238)) to perform the work (plus fringe benefits at 37
percent).\62\ Costs for materials, which consist of labels, GFCIs,
conduits, connectors, and outlets, are based on data in the Maintenance
Direct Catalog of Lab Supply, Inc. (2001). Equipment costs were
annualized assuming the useful life of the equipment is two years and
an interest rate of 7 percent. Table 13 summarizes the key data and
bases for the cost estimates.
---------------------------------------------------------------------------

    \62\ The wage rate data are for 2000, taken from the BLS (2001)
2000 National Occupational Employment Statistics (OES) Survey.
Fringe benefit rate data are from BLS (2000) Employer Costs for
Employee Compensation, March. USDL: 00-186.
---------------------------------------------------------------------------

    OSHA received very few comments on the preliminary economic and
regulatory flexibility screening analysis.
    The National Petrochemical and Refiners Association (NPRA) stated
in Ex. 3-2 that ``the cost merely to read and comprehend the ruling,
and to train personnel, will be at least in the tens of thousands of
dollars per facility.'' However, NPRA provided no material to
substantiate this claim. OSHA believes that the final rule imposes no
cost to comprehend or to train personnel, particularly given the
widespread use of the 1999 and 2000 NEC.
    CHS, Inc. stated, ``the proposed rule could result in several unit
start-ups/shutdowns at farmer-owned petroleum refineries'' (Ex. 4-25).
However, CHS did not explain how the new provisions in this standard
would require additional outages to deenergize beyond those which could
develop from compliance with the existing standard.
    Although OSHA received no new data in response to the preliminary
analysis, OSHA has slightly revised its economic model in order to make
it more realistic and to reflect changes between the proposed and final
regulatory text. For example, in assigning compliance costs to Sec.
1910.304(b)(3), Ground-fault circuit interrupter protection for
personnel, OSHA's final model predicts that a small percentage of
projects will establish and implement an assured grounding conductor
program where ground-fault circuit interrupter protection is not
available. An example of a revision to the preliminary analysis that
reflects real-world considerations is the addition in the final
analysis of an explicit cost for legible marking of equipment to
indicate that the equipment has been applied with a series combination
rating, as required by Sec.  1910.303(f)(5), Marking for series
combination ratings.
    In addition, the final rule contains some new provisions that were
not in the proposed rule or that were revised from what was in the
proposal. Three of those provisions potentially require modification of
existing installations: (1) Final Sec.  1910.304(a)(3), which prohibits
a grounding terminal or grounding-type device on a receptacle, cord
connector, or attachment plug from being used for purposes other than
grounding, (2) final Sec.  1910.304(g)(4)(iii), which no longer permits
extensions of branch circuits to be grounded by connection to a
grounded cold water pipe, and (3) final Sec.  1910.304(g)(8)(iii),
which no longer permits electric equipment to be grounded only by
connection to the grounded structural metal frame of a building when
any element of the equipment's branch circuit is replaced.
    A prohibition against using grounding terminals and grounding-type
devices for purposes other than grounding is already contained in
existing Sec.  1910.304(a)(3). Under the current standard, this
provision applies to all electrical installations including major
replacements, modifications, repairs, or rehabilitations made after
March 15, 1972. In the final rule, OSHA is extending the application of
this prohibition to installations made before that date. Wiring a
receptacle, cord

connector, or attachment plug so that the grounding terminal or other
grounding-type device is used for purposes other than grounding (for
example, by connecting a circuit conductor to the grounding terminal)
makes the electric equipment extremely unsafe, posing an immediate
threat of electrocution. In addition, such an incorrect wiring
connection renders the equipment unusable, and it would likely have
already been changed. Consequently, it is extremely unlikely that
violations of this rule exist in significant numbers, and OSHA has
concluded that applying this provision to all existing installations
will have little if any economic impact.
    Existing Sec.  1910.304(f)(3)(iii) permits connecting the equipment
grounding terminal of grounding-type receptacles to a nearby grounded
cold water pipe for extensions of existing branch circuits that do not
have an equipment grounding conductor. In the final rule, OSHA is
requiring that, when any element of this branch circuit is replaced,
the entire circuit include an equipment grounding conductor that
complies with all other provisions of paragraph (g) of Sec.
1910.304.\63\ This change only affects a small percentage of branch
circuits extended after March 15, 1972, the date the provision went
into effect. The existing requirement makes the equipment grounding
path dependent upon the metallic continuity of the cold water piping
and upon the earth for the electric current's return path back to the
electric source. If a ground fault occurs at electric utilization
equipment (for example, a portable cord-connected electric drill with a
grounding-type attachment plug) plugged into a grounding-type
receptacle and if the continuity of the water pipe is interrupted by a
section plastic pipe or by another means, the electric equipment
becomes extremely lethal, posing an immediate threat of electrocution.
Additionally, the practice of using metallic water pipes as an
equipment grounding conductor poses an electrocution hazard to
plumbers, pipe fitters, and other employees working on the system who
might unknowingly interrupt a path of fault current flowing through the
piping. The return current path in both instances is through the
employee instead of through a reliable equipment grounding conductor.
Employers have become aware that using cold water plumbing for
grounding is a poor practice and most have already corrected this
condition, which is a violation of recent editions of the NEC \64\.
According to Karl M. Cunningham of Alcoa (Ex. 4-4), the permission to
use a cold water pipe near the equipment was clearly removed from the
NEC for many Code cycles, including the 2002, 1999, 1996, and 1993
editions.
---------------------------------------------------------------------------

    \63\ For example, 1910.304(g)(4)(iii) requires that when any
element of a branch circuit extension is replaced, the entire branch
circuit shall include an equipment grounding conductor.
    \64\ For example, a metallic cold water pipe is not listed in
Section 250.118 of the 2002 NEC as a type of equipment grounding
conductor.
---------------------------------------------------------------------------

    Because the NEC has not allowed this practice for over 10 years,
few employers use this provision in the existing rule due to the known
hazards. Therefore, it is unlikely that violations of this rule exist
in significant numbers. Even then, employers who are still using cold
water piping to ground branch-circuit extensions are only required to
upgrade them when they are replacing one of the branch circuit
extension's elements. The installation of the equipment grounding
conductors would be coincidental with the modification work; and, thus
the cost of compliance would be incidental. Hence, OSHA has concluded
that requiring this provision for all modifications made to existing
installations will impose no appreciable costs on employers.
    A prohibition against maintaining the grounded structural metal
framing of a building for purposes of grounding electric equipment is
contained in existing Sec.  1910.304(f)(6)(ii). This provision
currently applies only to installations made after April 16, 1981. In
the final rule, Sec.  1910.304(g)(8)(iii), OSHA is also applying this
prohibition to installations made or designed before April 16, 1981,
when any element of the equipment's branch circuit is replaced.
    Metal frames of buildings provide a poor substitute for an
equipment grounding conductor. Installations that might have initially
provided a permanent, continuous, and effective equipment grounding
path fail to function adequately as time passes. If a fault occurs in
the electric equipment an extremely lethal condition exists, posing an
immediate threat of electrocution, since the return current path is
through the employee instead of the intended equipment grounding path.
As brought forth by one commenter (Ex. 4-18) and stated in the preamble
discussion for proposed Sec.  1910.304(g)(7)(ii) (final Sec.
1910.304(g)(8)(ii) and (g)(8)(iii)), this practice has been prohibited
for ac circuits since the 1978 edition of the NEC. Thus, this change
only affects a small percentage of branch circuits extended after March
15, 1972, the date the provision went into effect and until 1979 when
the NEC prohibition applied.
    Many employers recognized the safety hazards and the operating
anomalies of grounding utilization equipment to the structural metal
framing of buildings. Consequently, they have already abandoned the
practice. Therefore, it is extremely unlikely that violations of this
rule exist in significant numbers. After all, this practice has been
banned for over a quarter of a century by the NEC. OSHA has concluded
that requiring the installation of an equipment grounding conductor
instead of allowing the structural metal frame of a building to serve
as the equipment grounding conductor for all modifications to existing
installations will have no appreciable cost impacts.
    The final rule also includes a new provision, final Sec.
1910.304(b)(3)(ii)(C), that allows implementation of an assured
equipment grounding conductor program during maintenance, remodeling,
or repair of buildings, structures, or equipment or during similar
construction-like activities when GFCIs are not available. OSHA has
added costs for this provision in the analysis, as explained below.
    Final Sec.  1910.304(b)(3)(ii)(B) requires receptacles other than
125-volt, single-phase, 15-, 20-, and 30-ampere receptacles that are
not part of the permanent wiring of the building or structure and that
are in use by personnel to have ground-fault circuit-interrupter
protection for personnel. OSHA recognizes that it may be impossible for
employers to comply with this requirement for GFCI protection for
circuits operating at voltages above 125 volts to ground. For instance,
portable electric welding units for the repair of major pieces of
equipment such as industrial boilers and other massive units of
industrial equipment generally require a 480-volt power connection
rated 30 amperes or more. At these ratings, GFCI protection for
personnel may not be feasible since it is not presently available for
all branch-circuit voltage and current ratings. Therefore, the final
rule permits an assured equipment grounding conductor (AEGC) program as
an alternative.\65\
---------------------------------------------------------------------------

    \65\ Final Sec.  1910.304(b)(3)(ii)(C) requires the employer to
establish and implement an assured equipment grounding conductor
program covering cord sets, receptacles that are not a part of the
building or structure, and equipment connected by cord and plug that
are available for use or used by employees on those receptacles.
---------------------------------------------------------------------------

    Although OSHA believes that the AEGC program costs more to
implement than GFCI protection for personnel (equivalent to a unit cost
of $110 instead of $55) it could reduce compliance costs for employers
when compared to hard-

wired methods.\66\ OSHA believes that about five percent (one in
twenty) of all temporary electric circuits may not be serviceable with
GFCI protection for personnel at the higher current and voltage ratings
and would require the AEGC program. The need to connect electric
equipment with ratings other than 125 volts, single phase, 15, 20, and
30 amperes, or 250 volts, single phase, 15 and 20 amperes \67\
increases as the size of the project increases. Nearly all temporary
power requirements for smaller-sized projects, those with contract
values under $3 million, would be serviceable with GFCI-protected
receptacles or from nearby receptacles that are a part of the existing
building structure. Smaller projects tend to take up minimal plant real
estate. The work area is sandwiched among other facility equipment and
is contained within the confines of the existing plant. Few, if any, of
these projects would have need for the higher-power or higher-voltage
equipment. Even if a project does need such equipment, these facilities
typically have existing, permanently wired electric power receptacles
that are capable of supporting loads at higher voltage and current
ratings. Such receptacles are typically located throughout the plant on
30-meter, maximum, intervals allowing for easy connection of portable
electric equipment with 15-meter flexible cords. Consequently, OSHA
estimates that the number of smaller-sized projects that require the
AEGC program is negligible.
---------------------------------------------------------------------------

    \66\ Employers have two alternatives when GFCI protection for
personnel is required for receptacles that are not part of the
permanent wiring of a building or structure: (1) Implement an
assured equipment grounding conductor program or (2) provide a hard-
wired installation, in which the equipment is wired directly to the
circuit conductors, obviating the need for a receptacle outlet.
    \67\ GFCI protective devices for personnel protection may not
readily available above 30 amperes at 125 volts, above 20 amperes at
250 volts, or at higher voltages.
---------------------------------------------------------------------------

    As many as half of all medium-sized projects, those ranging from $3
million to $25 million, would potentially require the AEGC program.
These projects can include a sizable block of real estate such that the
cords on portable equipment will not reach existing, permanently wired
receptacles.
    Nearly all major projects, those larger than $25 million and
encompassing significant plant real estate, are likely to use an AEGC
program to comply with the standard.
    OSHA estimates that, at projects that would be required to use the
AEGC program, they would be needed for only about five percent of
temporary electric circuits. The remaining 95 percent of all temporary
electric circuits can be protected by GFCIs. Over the entire universe
of employers affected by the final rule, the estimated total cost of
using an AEGC program instead of GFCIs is approximately $5,300.
    Table 14 presents the cost estimates for the final rule. The total
annual incremental compliance costs associated with the new provisions
in the final rule, for new electrical system and equipment
installations, are estimated to be $9.6 million. The overwhelming
majority of costs, 84.4 percent, are associated with Sec.
1910.304(b)(3)(ii), Ground-fault circuit interrupter protection for
personnel during temporary wiring installations. The total cost for
this requirement is based upon the following unit estimates and
assumptions:
    (1) GFCI power station or cord, initial cost = $55 (annualized cost
= $30.42);
    (2) the number of required units ranges from two for establishments
with less than 100 employees, to 10 for establishments with 100 to 499
employees, to 50 for establishments with more than 500 employees;
    (3) the percentage of affected establishments ranges from 30
percent for the smallest establishments to 100 percent for the largest
establishments (Table 11); and
    (4) baseline industry compliance of 50 percent for the smallest
establishments to 95 percent for the largest establishments (Table 12).
    Some of the costs and exposures to temporary wiring could
potentially be incurred by employers performing construction work
rather than general industry work. Temporary wiring for construction
work is already covered under Subpart K of Part 1926; and,
consequently, this analysis likely overestimates the incremental costs
associated with the revisions to Subpart S.

E. Technological and Economic Feasibility

    As noted previously, the final rule incorporates the NFPA 70E
recommendations developed in 2000, which are based on the 1999 NEC. The
NFPA 70E Committee has updated the document in accordance with
revisions to the NEC, which periodically recodifies acceptable
electrical practices as a national consensus standard. More than 80
percent of establishments covered by the final rule are located in
areas that currently mandate adherence to these recommendations or the
1999 or more stringent version of the NEC. Moreover, the vast majority
of employers comply with the NEC in the absence of any legal
obligation.\68\ Thus, most potentially affected parties already are in
compliance with the final rule, which clearly demonstrates that it is
technologically feasible. The costs of the rule are also extremely low,
as discussed earlier in this section of the preamble. These costs do
not threaten the long-term profitability or competitive structure of
affected industries. Therefore, the final rule is also economically
feasible.
---------------------------------------------------------------------------

    \68\ As noted previously, construction requirements imposed by
mortgage lenders and insurance carriers and installation practices
followed by licensed electricians (given their formal training) are
reasons to expect that some employers comply with the NEC in the
absence of any legal obligation.
---------------------------------------------------------------------------

 F. Regulatory Flexibility Screening Analysis and Regulatory
Flexibility Certification

    In order to determine whether a regulatory flexibility analysis is
required under the Regulatory Flexibility Act, OSHA has evaluated the
potential economic impacts of this action on small entities. Table 15
presents the data used in this analysis to determine whether this rule
would have a significant impact on a substantial number of small
entities.
    First, compliance costs were computed on a per establishment basis,
which required consideration of the number of establishments
potentially impacted. The analysis of County Business Patterns data
discussed above indicated that approximately 861,400 establishments are
in local jurisdictions in the 12 States that are either currently
requiring compliance with the 1996 NEC or have not adopted a statewide
electrical code applicable to private sector employers. Regarding the
documentation provisions for new installations in hazardous locations
(Sec.  1910.307(b) in Table 14), only industries that handle flammable
and/or combustible liquids, vapors, gases, dusts, and/or fibers will be
impacted. OSHA identified these industries by reviewing data on Sec.
1910.307 citations issued between October 2000 and September 2001
(available on the OSHA website at http://www.osha.gov/oshstats/) and

IMIS accident data from 1994 to 2001 indicating Sec.  1910.307
citations (OSHA, 2001). OSHA estimated that approximately 441,400
establishments with hazardous locations are in local jurisdictions in
the 12 States that either are currently following the 1996 NEC or have
not adopted a statewide electrical code applicable to private sector
employers. These are the establishments potentially impacted by the
hazardous locations provision. The remaining provisions potentially
affect

all 861,400 establishments in the 12 States as noted above.\69\
---------------------------------------------------------------------------

    \69\ For Sec.  1910.307(b), OSHA's calculation of per-
establishment costs and impacts is based on an estimated 441,400
affected establishments. For all other provisions of the final
standard, OSHA's calculation of per-establishment costs and impacts
is based on an estimated 861,400 affected establishments.
---------------------------------------------------------------------------

    OSHA assumed for purposes of conducting the regulatory flexibility
screening analysis, that small firms, on average, will conduct the same
type and size of projects as larger establishments. This is a
conservative assumption, since it is more likely that smaller
establishments will tend to perform small sized, less costly projects.
Consequently, OSHA applied an average cost per establishment in
analyzing the effect on small entities. The average cost per
establishment was computed by dividing the total costs reported in
Table 14 by the number of affected establishments reported in Table 8.
For Provisions 1 to 5 and 7, the cost per establishment is $10.10 and
for Provision 6, the cost per establishment is $1.92. Thus, for
industries that handle flammable and/or combustible liquids, vapors,
gases, dusts, and/or fibers, the total cost per establishment is
estimated to be $12.02.
    OSHA guidelines for determining the need for regulatory flexibility
analysis require determining the regulatory costs as a percentage of
the revenues and profits of small entities. OSHA derived estimates of
the profits and revenues using data from U.S. Census and Dun and
Bradstreet. In defining a small business, OSHA followed Small Business
Administration (SBA) criteria for each sector. For many of the affected
industries, the SBA small business criteria are determined directly by
the number of employees. But for those industries where the SBA small
business criteria are not determined by the number of employees (but
rather by annual sales), the sales-based criteria were converted to
employment-based criteria. Specifically, an employment-based firm size
standard was determined by first calculating an employment level, based
on the industry average annual receipts per employee, which would be
sufficient to produce a total sales amount per firm consistent with the
SBA sales-based firm size standard.
    As shown in Table 15, at worst, compliance costs represent 0.005
percent of the revenues (for SIC 72, Personal Services) and 0.15
percent of profits (for SIC 56, Apparel and Accessory Stores). On
average (computed by weighting by number of establishments), compliance
costs constitute 0.002 percent of revenues and 0.048 percent of
profits. Based on this evaluation, OSHA certifies that this rule will
not have a significant economic impact on a substantial number of small
entities.\70\
---------------------------------------------------------------------------

    \70\ OSHA also examined the situation where all compliance costs
accrue to the construction sector (in SIC 1731, Electrical
Services). In this case, costs constitute 0.04 percent of revenues
1.3 percent of profits. Thus, even if all costs are assigned to
construction, the proposed regulation will not have a significant
impact on small entities.

                                            Table 7.--Changes to the Existing Standard With Cost Implications
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Provisions
                                         Comments on cost                                                  Basis for estimating      identified in the
           Final rule \1\                     impact          Types of establishments/projects affected            costs              final rule  Sec.
                                                                                1910.302(b)(4) \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1910.303(f)(5)......................  Requires the purchase  All Establishments........................  Projects................                     X
                                       and installation of   All Projects..............................
                                       labels.
1910.303(h)(5)(iii)(B)..............  Requires the purchase  All Establishments........................  Projects................  .....................
                                       and installation of   All Projects..............................
                                       signs.
1910.304(b)(1)......................  Requires the purchase  All Establishments........................  Projects................                     X
                                       and installation of   All Projects..............................
                                       labels and
                                       identification of
                                       branch circuits.
1910.304(b)(3)(i)...................  Requires the purchase  All Establishments........................  Projects................  .....................
                                       and installation of   All Projects..............................
                                       GFCI for bathrooms
                                       and rooftops.
1910.304(b)(3)(ii)(A) and             Requires that each     All Establishments........................  Establishments..........  .....................
 (b)(3)(ii)(B).                        affected facility     All Projects..............................
                                       purchase GFCI
                                       equipment (power
                                       stations or
                                       extension.
1910.304(b)(3)(ii)(C)...............  Requires that the      All Establishments........................  Establishments..........  .....................
                                       facility establish    All Projects..............................
                                       and implement an
                                       assured equipment
                                       grounding conductor
                                       program.
1910.306(c)(6)......................  Requires the purchase  All Establishments........................  Projects................                     X
                                       and installation of   All Projects..............................
                                       signs.
1910.306(j)(1)(iii).................  Change in design       Real Estate Development and Dwelling        Projects................                     X
                                       impacts construction   Projects.
                                       cost (near universal
                                       compliance assumed).
1910.306(k)(4)(iv)..................  Requires the purchase  Carnivals, Circuses, Fairs, and Similar     Projects................                     X
                                       and installation of    Events.
                                       labels.
1910.307(b).........................  Facility owner must    Industrial Establishments.................  Projects................                     X
                                       develop               All Projects..............................
                                       documentation.
1910.308(b)(3)......................  Requires the purchase  All Establishments........................  Projects................                     X
                                       and installation of   All Projects..............................
                                       signs.
1910.308(e)(1)......................  Change in facility     All Establishments........................  Projects................  .....................
                                       design and            Large Projects............................
                                       additional materials
                                       and installation
                                       cost.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note: In the proposal, Sec.  Sec.   1910.303(e)(2)(ii) and 1910.308(a)(5)(vi)(B) and (d)(2)(ii) were mistakenly identified as paperwork requirements
  imposing a cost burden on employers. The costs for the labeling required by these provisions is borne by the manufacturers as usual and customary. In
  addition, proposed Sec.   1910.304(b)(3) has not been carried forward into the final rule. Consequently, this Final Economic Analysis does not include
  costs for these four requirements. However, OSHA has determined that final Sec.  Sec.   1910.303(f)(5), 1910.306(c)(6) and (k)(4)(iv), and
  1910.308(b)(3) do impose paperwork-associated costs on employers, but they were not included in the Preliminary Economic Analysis. Therefore, this
  Final Economic Analysis does include costs for these four provisions.
\2\ Note: Provisions listed in Sec.   1910.302(b)(4) only apply to new installations.

        Table 8.--Establishments and Employment Affected by the Final Standard, by Version of NEC Adopted
----------------------------------------------------------------------------------------------------------------
                                                                  Establishments               Employment
                                                           -----------------------------------------------------
                 Applicable version of NEC                                Percent of                 Percent of
                                                               Number        total        Number        total
----------------------------------------------------------------------------------------------------------------
1996......................................................      \1\ 0.4           6.3      \1\ 5.6           6.3
1999 or 2002..............................................      \1\ 4.8          84.7     \1\ 76.6          85.3
None......................................................      \1\ 0.5           9.0      \1\ 7.6           8.4
                                                           -----------------------------------------------------
    Total.................................................      \1\ 5.6         100       \1\ 89.8        100
----------------------------------------------------------------------------------------------------------------
Source: U.S. Dept. of Labor, OSHA, Office of Regulatory Analysis, based on 1997 County Business Patterns (U.S.
  Census Bureau) database.
\1\ In millions.

    Table 9.--Fatal and Nonfatal Occupational Injuries Attributable To Contact With Electric Current (Private
                                                    Industry)
----------------------------------------------------------------------------------------------------------------
                                              Number of        Percent of                          Percent of
                                              injuries       Total nonfatal       Number of        total fatal
                  Year                     involving days     occupational         deaths         occupational
                                           away from work       injuries                            injuries
----------------------------------------------------------------------------------------------------------------
1992....................................             4,806               0.2               317               5.8
1993....................................             4,995               0.2               303               5.4
1994....................................             6,018               0.3               332               5.6
1995....................................             4,744               0.2               327               6.0
1996....................................             4,126               0.2               268               4.8
1997....................................             3,170               0.2               282               5.0
1998....................................             3,910               0.2               324               5.9
1999....................................             4,224               0.2               259               4.7
2000....................................             3,704               0.2               256               4.8
2001....................................             3,394               0.2               285               4.8
2002....................................             2,967               0.2               289               5.2
2003....................................             2,390               0.2               246               4.4
2004....................................             2,650               0.2               254              4.4
----------------------------------------------------------------------------------------------------------------
Source: U.S. Bureau of Labor Statistics, Survey of Occupational Injuries and Illnesses and the Census of Fatal
  Occupational Injuries (http://www.bls.gov/iif/home.htm).

    Table 10.--Construction Project Starts in 2001 for States That Have Adopted the 1996 NEC or Do Not Have a
                                            Statewide Electrical Code
----------------------------------------------------------------------------------------------------------------
                                                       Size of project (contract value)
                                             ---------------------------------------------------
                Building type                   Less than $3                                          Total
                                                  million       $3-25 million    More than $25
                                                  (small)          (medium)     million (large)
----------------------------------------------------------------------------------------------------------------
Commercial and Public Buildings.............           15,219            1,490               45           16,754
Warehouses..................................            1,659              204                8            1,871
Health Facilities and Laboratories..........            1,691              245               33            1,969
Funeral and Interment Facilities............               45  ...............  ...............               45
Athletic and Entertainment Facilities.......               54                9                2               65
Auto, Bus, and Truck Service................              797               47  ...............              844
Residential Housing.........................            1,491              169                6            1,666
Apartments, Hotels and Dormitories..........            2,505              269               24            2,798
Tanks.......................................              309                8  ...............              317
Hydroelectric Power Plants..................                3  ...............  ...............                3
Natural Gas Plants..........................                2                2                1                5
Gas, Water, and Sewer Lines.................            2,340               91                1            2,432
Manufacturing Facilities....................              447               84                6              537
                                             -------------------------------------------------------------------
    Total...................................           26,562            2,618              126           29,306
----------------------------------------------------------------------------------------------------------------
Source: William R. Schriver (2002), The University of Tennessee, Knoxville, Construction Industry Research and
  Policy Center, based on F.W. Dodge data on construction project starts for 2001.

           Table 11.--Estimated Percentages of Projects/Establishments Affected by the Final Standard
                                  [By provision and project/establishment size]
----------------------------------------------------------------------------------------------------------------
                                                                                Project/establishment size
                                                                             -----------------------------------
    Provision No.             Final rule         Description of requirement      Small      Medium       Large
                                                                               (percent)   (percent)   (percent)
----------------------------------------------------------------------------------------------------------------
1....................  1910.303(f)(5).........  Marking for series                    50          50          50
                                                 combination ratings.
2....................  1910.303(h)(5)(iii)(B).  Working Space and Guarding--          50         100         100
                                                 Posting of Warning Signs.
1a...................  1910.304(b)(1).........  Branch Circuits--                     50          50          50
                                                 Identification of Multiwire
                                                 Branch Circuits.
3....................  1910.304(b)(3)(i)......  Ground-fault circuit                 100         100         100
                                                 interrupter protection for
                                                 bathrooms and rooftops.
4....................  1910.304(b)(3)(ii)(A)    Ground-fault circuit                  30          80         100
                        and (b)(3)(ii)(B).       interrupter protection for
                                                 temporary wiring
                                                 installations.
4a...................  1910.304(b)(3)(ii)(C)..  Assured equipment grounding            0          50         100
                                                 conductor program for
                                                 temporary wiring
                                                 installations.
1b...................  1910.306(c)(6).........  Identification and signs for          50          50          50
                                                 elevators, dumbwaiters,
                                                 escalators, moving walks,
                                                 wheelchair lifts, and
                                                 stairway chair lifts.
5....................  1910.306(j)(1)(iii)....  Swimming Pools, Fountains,            20          80         100
                                                 and Similar Installations--
                                                 Receptacles.
1c...................  1910.306(k)(4)(iv).....  Marking for single-pole               50          50          50
                                                 portable cable connectors
                                                 for parallel sets of
                                                 conductors used in
                                                 installations for
                                                 carnivals, circuses, fairs,
                                                 and similar events.
6....................  1910.307(b)............  Hazardous (Classified)                60          80         100
                                                 Locations--Documentation.
1d...................  1910.308(b)(3).........  Signs for emergency power             50          50          50
                                                 systems.
7....................  1910.308(e)(1).........  Communication Systems--                5          60        100
                                                 Protective Devices.
----------------------------------------------------------------------------------------------------------------
 Source: OSHA estimates, based on experience and knowledge of electrical practices.

      Table 12.--Estimated Percentages for Baseline Compliance, by Provision and Project/Establishment Size
----------------------------------------------------------------------------------------------------------------
                                                                                Project/establishment size
                                                                             -----------------------------------
    Provision No.             Final rule         Description of requirement      Small      Medium       Large
                                                                               (percent)   (percent)   (percent)
----------------------------------------------------------------------------------------------------------------
1....................  1910.303(f)(5).........  Marking for series                    25          25          50
                                                 combination ratings.
2....................  1910.303(h)(5)(iii)(B).  Working Space and Guarding--          25          25          50
                                                 Posting of Warning Signs.
1a...................  1910.304(b)(1).........  Branch Circuits--                     25          25          50
                                                 Identification of Multiwire
                                                 Branch Circuits.
3....................  1910.304(b)(3)(i)......  Ground-fault circuit                  50          95          95
                                                 interrupter protection for
                                                 bathrooms and rooftops.
4....................  1910.304(b)(3)(ii)(A)    Ground-fault circuit                  50          95          95
                        and (b)(3)(ii)(B).       interrupter protection for
                                                 temporary wiring
                                                 installations.
4a...................  1910.304(b)(3)(ii)(C)..  Assured equipment grounding            0           5           5
                                                 conductor program for
                                                 temporary wiring
                                                 installations.
1b...................  1910.306(c)(6).........  Identification and signs for          25          25          50
                                                 elevators, dumbwaiters,
                                                 escalators, moving walks,
                                                 wheelchair lifts, and
                                                 stairway chair lifts.
5....................  1910.306(j)(1)(iii)....  Swimming Pools, Fountains,            60          90          90
                                                 and Similar Installations--
                                                 Receptacles.
1c...................  1910.306(k)(4)(iv).....  Marking for single-pole               25          25          50
                                                 portable cable connectors
                                                 for parallel sets of
                                                 conductors used in
                                                 installations for
                                                 carnivals, circuses, fairs,
                                                 and similar events.
6....................  1910.307(b)............  Hazardous (Classified)                50          80          80
                                                 Locations--Documentation.
1d...................  1910.308(b)(3).........  Signs for emergency power             25          25          50
                                                 systems.
7....................  1910.308(e)(1).........  Communication Systems--               10          30         40
                                                 Protective Devices.
----------------------------------------------------------------------------------------------------------------
 Source: OSHA estimates, based on experience and knowledge of electrical practices.

  Table 13.--Data and Bases for Unit Costs Applied in OSHA's Final Cost
                                Analysis
------------------------------------------------------------------------
 Provision No.       Final rule      Labor costs \1\     Material costs
------------------------------------------------------------------------
1..............  1910.303(f)(5),    Average of 2       Average cost of
                  1910.304(b)(1),    minutes of labor   label or sign:
                  1910.306(c)(6),    for each           $2.
                  1910.306(k)(4)(i   provision to
                  v) and             install label at
                  1910.308(b)(3).    $28/hour ($20.44
                                     x 1.37).
2..............  1910.303(h)(5)(ii  1 minute of labor  Cost of label:
                  i)(B).             to install label   $1.
                                     at $28/hour
                                     ($20.44 x 1.37).
3..............  1910.304(b)(3)(i)  None.............  GFCI: $5.
4..............  1910.304(b)(3)(ii  None.............  GFCI power
                  )(A) and                              station or cord:
                  (b)(3)(ii)(B).                        $55 each,
                                                        annualized over
                                                        2-year useful
                                                        life.
4a.............  (b)(3)(ii)(C) \2\  None.............  AEGC $110
                                                        (equivalent
                                                        cost).
5..............  1910.306(j)(1)(ii  3 hours at $28/    Various conduit,
                  i).                hour ($20.44 x     connectors,
                                     1.37).             outlets: $75.

6..............  1910.307(b)......  4 hours at $28/    None.
                                     hour ($20.44 x
                                     1.37).
7..............  1910.308(e)(1)...  1 minute of labor  Cost of label:
                                     to install label   $1.
                                     at $28/hour
                                     ($20.44 x 1.37).
------------------------------------------------------------------------
\1\ Note: The wage rate data are for 2000, taken from the BLS (2001)
  2000 National Occupational Employment Statistics (OES) Survey. Fringe
  benefit rate data are from BLS (2000) Employer Costs for Employee
  Compensation, March. USDL: 00-186.
\2\ Note: See the discussion of the methodology for estimating costs
  associated with the assured equipment grounding conductor program
  earlier in this section of the preamble.
Source: U.S. Dept. of Labor, OSHA, Office of Regulatory Analysis, 2006.

           Table 14.--Annual Incremental Compliance Costs for Changes to Subpart S Electrical Standard
----------------------------------------------------------------------------------------------------------------
                                                                   Annual costs for projects/establishments \1\
  Provision No.         Final rule           Description of      -----------------------------------------------
                                               requirement           Total       Small      Medium       Large
----------------------------------------------------------------------------------------------------------------
1................  1910.303(f)(5).....  Marking for series          $346,208    $221,365    $109,091     $15,751
                                         combination ratings.
2................  1910.303(h)(5)(ii)(  Working Space and             66,839      49,141      16,145       1,554
                    B).                  Guarding--Posting of
                                         Warning Signs.
                                                                 -----------------------------------------------
1a...............  1910.304(b)(1).....  Branch Circuits--                    Included in Provision 1.
                                         Identification of
                                         Multiwire Branch
                                         Circuits.
                                                                 -----------------------------------------------
3................  1910.304(b)(3)(i)..  Ground-fault circuit         141,336     132,810       6,872       1,654
                                         interrupter protection
                                         for bathrooms and
                                         rooftops.
4................  1910.304(b)(3)(ii)(  Ground-fault circuit       8,057,529   7,686,276     206,832     164,420
                    A) and               interrupter protection
                    (b)(3)(ii)(B).       for temporary wiring
                                         installations.
4a...............  1910.304(b)(3)(ii)(  Assured equipment              5,332           0       3,600       1,733
                    C).                  grounding conductor
                                         program for temporary
                                         wiring installations.
                                                                 -----------------------------------------------
1b...............  1910.306(c)(6).....  Identification and signs             Included in Provision 1.
                                         for elevators,
                                         dumbwaiters,
                                         escalators, moving
                                         walks, wheelchair
                                         lifts, and stairway
                                         chair lifts.
                                                                 -----------------------------------------------
5................  1910.306(j)(1)(iii)  Swimming Pools,               36,050      31,865       3,422         763
                                         Fountains, and Similar
                                         Installations--Receptac
                                         les.
                                                                 -----------------------------------------------
1c...............  1910.306(k)(4)(iv).  Marking for single-pole              Included in Provision 1.
                                         portable cable
                                         connectors for parallel
                                         sets of conductors used
                                         in installations for
                                         carnivals, circuses,
                                         fairs, and similar
                                         events.
                                                                 -----------------------------------------------
6................  1910.307(b)........  Hazardous (Classified)       846,930     756,479      77,816      12,635
                                         Locations--Documentatio
                                         n.
                                                                 -----------------------------------------------
1d...............  1910.308(b)(3).....  Signs for emergency                  Included in Provision 1.
                                         power systems.
                                                                 -----------------------------------------------
7................  1910.308(e)(1).....  Communication Systems--       51,044       8,172      37,593       5,280
                                         Protective Devices.
                                                                 -----------------------------------------------
    Total........  ...................  ........................   9,550,457   8,886,108     460,716     203,633
----------------------------------------------------------------------------------------------------------------
\1\ The total cost per establishment is estimated to be $12.36 for industries that handle flammable and/or
  combustible liquids, vapors, gases, dusts, and/or fibers and $10.44 for all other industries.
Source: U.S. Dept. of Labor, OSHA, Office of Regulatory Analysis, 2006.
Note: Compliance costs for all provisions except 4 are based on projects. Compliance costs for provision 4 are
  based on establishments (small establishments have 1-99 employees medium establishments have 100-499
  employees, and large establishments have 500+ employees).

                                                         Table 15.--Impacts on Small Businesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Cost as a
                                                             Number of    Small business    Revenue per     Profit     Profit per    percent   Cost as a
            SIC \1\                Industry description   small business     revenues      establishment   rate (%)  establishment      of      percent
                                                          establishments      ($1000)                                                revenue   of profit
--------------------------------------------------------------------------------------------------------------------------------------------------------
700............................  Agricultural services..       109,663       $38,501,047        $351,085       6.02      $21,130       0.0029     0.0478
800............................  Forestry...............         2,400         1,496,747         623,645      10.30       64,235       0.0016     0.0157
900............................  Fishing, hunting, and              NA                NA              NA       5.80           NA           NA         NA
                                  trapping.
1300...........................  Oil And Gas Extraction.        14,787        29,931,841       2,024,200       8.65      175,093       0.0006     0.0069
1500...........................  General building              195,315       234,203,450       1,199,106       4.00       47,964       0.0008     0.0211
                                  contractors.
1600...........................  Heavy construction,            35,618        68,664,092       1,927,792       4.00       77,112       0.0005     0.0131
                                  except building.
1700...........................  Special trade                 426,477       270,401,924         634,036       4.00       25,361       0.0016     0.0398
                                  contractors.
2000...........................  Food And Kindred               15,992       104,629,113       6,542,591       3.46      226,600       0.0002     0.0053
                                  Products.

2100...........................  Tobacco Products.......            91         1,255,255      13,794,011       4.02      554,130       0.0001     0.0022
2200...........................  Textile Mill Products..         4,845        20,377,246       4,205,830       2.77      116,423       0.0003     0.0103
2300...........................  Apparel And Other              22,383        38,507,048       1,720,370       2.56       44,010       0.0007     0.0273
                                  Textile Products.
2400...........................  Lumber And Wood                35,076        58,343,756       1,663,353       3.90       64,854       0.0007     0.0185
                                  Products.
2500...........................  Furniture And Fixtures.        11,217        26,295,821       2,344,283       3.51       82,285       0.0005     0.0146
2600...........................  Paper And Allied                4,057        31,334,277       7,723,509       4.50      347,629       0.0002     0.0035
                                  Products.
2700...........................  Printing And Publishing        57,018        85,620,541       1,501,641       3.80       57,055       0.0008     0.0211
2800...........................  Chemicals And Allied            8,227        59,010,014       7,172,726       4.49      321,776       0.0002     0.0037
                                  Products.
2900...........................  Petroleum And Coal              1,047        13,950,653      13,324,406       2.99      398,317       0.0001     0.0030
                                  Products.
3000...........................  Rubber And Misc.               13,043        58,709,872       4,501,255       4.02      181,167       0.0003     0.0066
                                  Plastics Products.
3100...........................  Leather And Leather             1,675         4,003,751       2,390,299       2.20       52,509       0.0005     0.0229
                                  Products.
3200...........................  Stone, Clay, And Glass         11,791        34,254,470       2,905,137       4.93      143,127       0.0004     0.0084
                                  Products.
3300...........................  Primary Metal                   4,806        36,511,582       7,597,083       4.52      343,213       0.0002     0.0035
                                  Industries.
3400...........................  Fabricated Metal               34,250       113,752,781       3,321,249       4.55      150,988       0.0004     0.0080
                                  Products.
3500...........................  Industrial Machinery           52,548       127,178,710       2,420,239       4.05       97,917       0.0005     0.0123
                                  And Equipment.
3600...........................  Electronic & Other             14,355        69,499,940       4,841,514       5.59      270,705       0.0002     0.0044
                                  Electric Equipment.
3700...........................  Transportation                 10,653        41,544,504       3,899,794       3.74      145,974       0.0003     0.0082
                                  Equipment.
3800...........................  Instruments And Related        10,190        33,908,725       3,327,647       5.06      168,410       0.0004     0.0071
                                  Products.
3900...........................  Miscellaneous                  17,837        30,627,905       1,717,100       3.80       65,322       0.0007     0.0184
                                  Manufacturing
                                  Industries.
4000...........................  Railroad transportation            NA                NA              NA      11.08           NA           NA         NA
4100...........................  Local and interurban           16,537         7,690,615         465,055       4.51       20,964       0.0022     0.0482
                                  passenger transit.
4200...........................  Trucking And                  114,623        79,888,400         696,967       3.91       27,278       0.0017     0.0441
                                  Warehousing.
4400...........................  Water Transportation...         8,051        14,075,608       1,748,306       7.48      130,855       0.0007     0.0092
4500...........................  Transportation by air..         6,386        15,156,218       2,373,351       3.62       85,925       0.0004     0.0118
4600...........................  Pipelines, Except                  39           986,979      25,307,154       6.55    1,657,050       0.0000     0.0007
                                  Natural Gas.
4700...........................  Transportation Services        40,529        19,513,397         481,468       3.39       16,327       0.0025     0.0736
4800...........................  Communications.........        17,482        41,125,079       2,352,424       5.58      131,244       0.0004     0.0077
4900...........................  Electric, Gas, And              8,938        10,824,146       1,211,026      10.37      125,641       0.0010     0.0096
                                  Sanitary Services.
5000...........................  Wholesale Trade--             258,492       837,107,306       3,238,426       2.54       82,401       0.0004     0.0146
                                  Durable Goods.
5100...........................  Wholesale Trade--             143,751       637,454,650       4,434,436       4.46      197,917       0.0003     0.0061
                                  Nondurable Goods.
5200...........................  Building Materials &           46,450        37,776,200         813,266       2.37       19,289       0.0015     0.0623
                                  Garden Supplies.
5300...........................  General Merchandise             8,796         3,346,901         380,503       2.70       10,283       0.0027     0.0982
                                  Stores.
5400...........................  Food Stores............       123,572       101,566,550         821,922       1.41       11,595       0.0012     0.0871
5500...........................  Automotive Dealers &          116,015       149,337,410       1,287,225       1.45       18,609       0.0009     0.0646
                                  Service Stations.
5600...........................  Apparel And Accessory          50,308        18,706,435         371,838       1.85        6,867       0.0027     0.1471
                                  Stores.
5700...........................  Home Furniture And             78,842        45,392,798         575,744       2.28       13,142       0.0018     0.0768
                                  Furnishings Stores.
5800...........................  Eating And Drinking           355,297       128,561,814         361,843       3.00       10,850       0.0033     0.1108
                                  Places.
5900...........................  Miscellaneous Retail...       258,538       119,265,615         461,308       2.49       11,479       0.0026     0.1047
6000...........................  Depository Institutions        14,378        15,538,559       1,080,718      10.80      116,718       0.0009     0.0087
6100...........................  Nondepository                  21,262        13,454,697         632,805      15.05       95,230       0.0016     0.0106
                                  Institutions.
6200...........................  Security And Commodity         27,262        19,644,662         720,588      13.32       95,949       0.0014     0.0105
                                  Brokers.
6300...........................  Insurance Carriers.....         4,967         5,850,805       1,177,935       6.82       80,375       0.0009     0.0126
6400...........................  Insurance Agents,             119,907        47,083,678         392,668       6.83       26,800       0.0026     0.0377
                                  Brokers, & Service.
6500...........................  Real Estate............       230,304       142,479,284         618,657      13.31       82,340       0.0016     0.0123
6700...........................  Holding And Other              21,022        35,174,755       1,673,235      24.01      401,733       0.0006     0.0025
                                  Investment Offices.
7000...........................  Hotels And Other               47,698        24,876,889         521,550       6.96       36,302       0.0019     0.0278
                                  Lodging Places.
7200...........................  Personal Services......       176,477        36,957,629         209,419       5.86       12,262       0.0048     0.0824
7300...........................  Business Services......       337,126       188,061,601         557,838       4.79       26,703       0.0022     0.0450
7500...........................  Auto Repair, Services,        167,057        66,003,052         395,093       4.39       17,356       0.0030     0.0692
                                  And Parking.
7600...........................  Miscellaneous Repair           63,328        25,861,556         408,375       5.44       22,198       0.0029     0.0541
                                  Services.
7800...........................  Motion Pictures........        29,959        13,026,870         434,823       5.14       22,341       0.0023     0.0452
7900...........................  Amusement & Recreation         90,742        47,922,810         528,122       4.28       22,604       0.0023     0.0532
                                  Services.
8000...........................  Health Services........       413,561       243,370,668         588,476       6.17       36,312       0.0020     0.0331
8100...........................  Legal Services.........       156,877        54,265,197         345,909      17.50       60,534       0.0029     0.0167
8200...........................  Educational Services...        40,592        25,677,552         632,577       8.14       51,502       0.0016     0.0196
8300...........................  Social Services........       117,544        50,553,841         430,084       4.44       19,088       0.0023     0.0529
8400...........................  Museums, Botanical,             4,912         2,928,264         596,145      21.45      127,873       0.0017     0.0079
                                  Zoological Gardens.
8600...........................  Membership                    242,081        78,452,141         324,074       7.21       23,371       0.0031     0.0432
                                  Organizations.

8700...........................  Engineering and               271,169       151,671,072         559,323       6.39       35,745       0.0018     0.0283
                                  management services.
8900...........................  Services, n.e.c........        16,395         8,169,059         498,265       6.80       33,882       0.0020     0.0298
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Consistent with the preliminary analysis, OSHA in this final analysis has grouped affected industries according to the 1987 Standard Industrial
  Classification System. For industry coding under the North American Industry Classification System (NAICS), see NAICS, Executive Office of the
  President, Office of Management and Budget, 1997 and 2002.
Source: U.S. Dept. of Labor, OSHA, Office of Regulatory Analysis, 2006, based on U.S. Census Bureau, 2001, and Dun & Bradstreet, 2001.

VII. State Plan Standards

    The 26 States or territories with OSHA-approved occupational safety
and health plans must adopt an equivalent amendment or one that is at
least as protective to employees within 6 months of the publication
date of the final standard. These are: Alaska, Arizona, California,
Connecticut (for State and local government employees only), Hawaii,
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New
Mexico, New Jersey (for State and local government employees only), New
York (for State and local government employees only), North Carolina,
Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont,
Virginia, Virgin Islands, Washington, and Wyoming.

VIII. Environmental Impact Analysis

    The final rule's provisions have been reviewed in accordance with
the requirements of the National Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321, et seq.), the regulations of the Council on
Environmental Quality (40 CFR Part 1502), and the Department of Labor's
NEPA procedures (29 CFR Part 11). As a result of this review, OSHA has
determined that these provisions will have no significant effect on
air, water or soil quality, plant or animal life, on the use of land,
or other aspects of the environment.

IX. Unfunded Mandates

    This final rule has been reviewed in accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.). For the
purposes of the UMRA, the Agency certifies that this final rule does
not impose any Federal mandate that may result in increased
expenditures by State, local, or tribal governments, or increased
expenditures by the private sector, of more than $100 million in any
year.

X. Federalism

    OSHA has reviewed this rule in accordance with the Executive Order
on Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999),
which requires that agencies, to the extent possible, refrain from
limiting State policy options, consult with States prior to taking any
actions that would restrict State policy options, and take such actions
only when there is clear constitutional authority and the presence of a
problem of national scope. The Order provides for preemption of State
law only if there is a clear Congressional intent for the Agency to do
so. Any such preemption is to be limited to the extent possible.
    Section 18 of the OSH Act expresses Congress's intent to preempt
State laws where OSHA has promulgated occupational safety and health
standards. A State can avoid preemption on issues covered by Federal
standards only if it submits, and obtains Federal approval of, a plan
for the development of such standards and their enforcement. 29 U.S.C.
667, Gade v. National Solid Wastes Management Association, 505 U.S. 88
(1992). Occupational safety and health standards developed by such Plan
States must, among other things, be at least as effective in providing
safe and healthful employment and places of employment as the Federal
standards. Subject to the statutory limitations of the OSH Act, State-
Plan States are free to develop and enforce their own requirements for
occupational safety and health protections.
    Although OSHA has a clear statutory mandate to preempt State
occupational safety and health laws, States may enforce standards, such
as State and local fire and building codes, which are designed to
protect a wider class of persons than employees. As discussed earlier,
the final rule introduces few new requirements that are not already
mandated by applicable State and local law. In fact, most States and
municipalities require compliance with the NEC, which is consistent
with the final rule.

XI. OMB Review Under the Paperwork Reduction Act of 1995

    The final rule Electrical Standard contains several collection-of-
information (paperwork) requirements that are subject to review by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (PRA-95), 44 U.S.C. 3501 et seq., and OMB's regulations at 5
CFR part 1320. PRA-95 defines ``collection of information'' as ``the
obtaining, causing to be obtained, soliciting, or requiring the
disclosure to third parties or the public of facts or opinions by or
for an agency regardless of form or format * * *'' (44 U.S.C.
3502(3)(A)). The collection-of-information requirements contained in
the proposed Design Safety Standards for Electrical Systems was
submitted to OMB on April 2, 2004. On December 7, 2004, OMB provided
the following comment regarding its review of the paperwork
requirements contained in the proposed rule:

    The information collection provisions associated with the Design
Safety Standards for Electrical Systems proposed rule are not
approved at this time. OSHA will examine public comment in response
to the [Notice of Proposed Rulemaking] and will describe in the
preamble of the final rule how the [A]gency has maximized the
practical utility of the collection and minimized its burden.

    In the preamble to the proposed rule, OSHA asked for comments on
each of the paperwork requirements in the Electrical Standard for
general industry, Subpart S. OSHA received no comments on the paperwork
burdens or OSHA's estimation of those burdens. However, OSHA added a
provision to the standard based on comments received on the proposed
GFCI requirements. In response to those comments, the Agency added a
requirement for the assured equipment grounding conductor program under
limited conditions. This new provision will add 203 hours to the
paperwork burden.

    The collection-of-information requirements contained in the final
rule also include requirements in Sec.  1910.303 for marking series
combination ratings, Sec.  1910.304--Wiring design and protection,
Sec.  1910.306--Specific purpose equipment and installations, Sec.
1910.307--Hazardous (classified) locations, and Sec.  1910.308--Special
systems. The final Information-Collection Request estimates the total
burden hours associated with the collection-of-information requirements
to be approximately 9,353 hours and estimates the cost for maintenance
and operation to be approximately $3,750. OMB is currently reviewing
OSHA's request for approval of the collection-of-information
requirements in the final rule.
    These collection-of-information requirements are needed to provide
electrical safety to employees against the electric shock hazards that
might be present in the workplace. The marking of electric equipment
with proper ratings, identifying the phase and system of each
ungrounded conductor, labeling certain disconnecting means with
indentification signs, using the assured equipment grounding conductor
program whenever approved GFCIs are not available, and documenting
hazardous classified areas are all ways of reducing the electrical
hazards posed on employees. OSHA will use the records developed in
response to this standard to determine compliance. The employer's
failure to generate and disclose the information required in this
standard will affect significantly OSHA's effort to control and reduce
injuries and fatalities related to electrical hazards in the workplace.
    OSHA minimized the burden hours imposed by collections of
information contained in the standard by relying heavily on the
National Electrical Code and NFPA 70E, Standard for Electrical Safety
Requirements for Employee Workplaces. The collections of information in
the standard mirror current industry practice and, therefore, impose
minimal burden on employers and eliminate any confusion between current
industry practice and the standard. The Agency believes that the
information-collection frequencies required by the standard are the
minimum frequencies necessary to effectively regulate the electrical
hazards posed by the workforce.
    Potential respondents are not required to respond to the
information collection requirements until they have been approved and a
currently valid OMB control number is displayed. OMB is currently
reviewing OSHA's request for approval of the 29 CFR Part 1910 Subpart S
information collections. OSHA will publish a subsequent Federal
Register document when OMB takes further action on the information
collection requirements in the Electrical Standards rule.

XII. Effective Date and Date of Application

    The scope and application of Subpart S is set forth in Sec.
1910.302 in paragraphs (b)(1) through (b)(4). The paragraphs are as
follows: (b)(1) all installations regardless of when the installation
was built; (b)(2) all installations built after March 15, 1972; (b)(3)
all installations built after April 16, 1981; and (b)(4) all
installations built after the final rule is published.
    In the preamble to the Proposal, OSHA proposed to make some new
requirements effective 90 days after the final rule is published. We
invited comments on whether this time is sufficient to implement the
changes required by the revised standard.
    International Paper stated that companies will need at least 90
days to effectively communicate and implement the provisions in the
standard, even within a large organization (Ex. 3-6). They further
stated that this period would allow companies to develop and update
site specific electrical safety programs and would allow large
companies to develop policies supplemental to the OSHA standards as
well as adequately address site issues and concerns. In addition, they
noted that the current electrical design and installation would need to
be reviewed for compliance. They stated that the proposed changes to
the depth of working space in front of electrical equipment, and
proposed changes to elevation requirements to unguarded live parts of
electrical equipment, for example, may necessitate design or
construction changes.
    Two commenters did not believe that 90 days after the final rule is
published would be enough time for employers to effectively implement
the new requirements proposed in the electrical standard, especially in
states not mandating the latest codes (Exs. 3-3, 3-10). These
commenters recommended that the effective date be 180 days after the
final rule is published. One of these commenters, Duke Energy
Corporation, argued that additional time would be needed for employers
to determine compliance and then retrofit installations if necessary.
The other commenter, ORC World Wide, said that employers need to
determine how the new requirements apply to their installations and
plan accordingly. They argued that the standard is complex and may take
companies time to understand and assimilate the standard into their
operations.
    OSHA agrees with the public comments on the effective date and
recognizes that companies may need additional time to implement the
standard. For the reasons given by these commenters, the Agency will
grant the request to extend the effective date to 180 days after the
final rule is published.
    Accordingly, the effective date of this final rule is 180 days
after publication. The 180-day period between the issuance of the
standard and their effective date is intended to provide sufficient
time for employers and employees to become informed of and comply with
the requirements of the standard.
    The standards currently found in the existing Subpart S (Sec. Sec.
1910.302 through 1910.308) remain in effect until the standards
contained in this rule actually go into effect. Should the new
standards be stayed, judicially or administratively, or should the
standards not sustain legal challenge under section 6(f) of the OSH
Act, the existing standards in Subpart S will remain in effect.
    Any petitions for administrative reconsiderations of these
standards or for an administrative stay pending judicial review must be
filed with the Assistant Secretary of Labor for Occupational Safety and
Health on or before April 16, 2007. Any petitions filed after this day
will be considered to be filed untimely.
    As discussed fully in the summary and explanation of final Sec.
1910.302(b), in section V. earlier in this preamble, OSHA is making the
new requirements in revised Subpart S effective 180 days after the
final rule is published in the Federal Register. It should be noted
that applying new provisions only to new installations is the same
approach that OSHA took in promulgating the current version of Subpart
S in 1981. The Agency found that this approach was successful and has
no indication that it was unduly burdensome or insufficiently
protective.

List of Subjects in 29 CFR Part 1910

    Electric power, Fire prevention, Hazardous substances, Occupational
safety and health, Safety.

Authority and Signature

    This document was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
200 Constitution Avenue, NW., Washington, DC 20210.

    This action is taken pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
Secretary of Labor's Order No. 5-2002 (67 F.R. 65008), and 29 CFR Part
1911.

    Signed at Washington, DC, this 24th day of January, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.

PART 1910--[AMENDED]

0
Part 1910 of Title 29 of the Code of Federal Regulations is amended as
follows:

Subpart A--General

0
1. The authority citation for Subpart A is revised to read as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 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), 3-2000 (65 FR
50017), or 5-2002 (67 FR 65008), as applicable.
    Sections 1910.6, 1910.7, and 1910.8 also issued under 29 CFR
part 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9 a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222);
and OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15,
1993).

0
2. Section 1910.6 is amended by revising the introductory text to
paragraph (e), removing and reserving paragraph (e)(33), revising the
introductory text to paragraph (q), and removing and reserving
paragraph (q)(16). The revised text reads as follows:

Sec.  1910.6  Incorporation by reference.

* * * * *
    (e) The following material is available for purchase from the
American National Standards Institute (ANSI), 25 West 43rd Street,
Fourth Floor, New York, NY 10036:
* * * * *
    (q) The following material is available for purchase from the
National Fire Protection Association (NFPA), 1 Batterymarch Park,
Quincy, MA 02269:
* * * * *

Subpart F--Powered Platforms, Manlifts, and Vehicle-Mounted Work
Platforms

0
3. The authority citation for Subpart F is revised to read as follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 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), or 5-2002 (67 FR 65008), as
applicable; and 29 CFR part 1911.

0
4. Appendix D to Sec.  1910.66 is amended as follows:
0
a. Paragraph (c)(22)(i) is revised as set forth below.
0
b. In the second sentence of paragraph (c)(22)(vii), the words
``Article 610 of the National Electrical Code, NFPA 70-1971; ANSI C1-
1971 (Rev. of C1-1968)'' are revised to read ``Subpart S of this
Part.''

Sec.  1910.66  Powered platforms for building maintenance.

* * * * *

Appendix D to Sec.  1910.66--Existing Installations (Mandatory)

* * * * *
    (c) * * *
    (22) * * * (i) All electrical equipment and wiring shall conform
to the requirements of Subpart S of this Part, except as modified by
ANSI A120.1--1970 ``American National Standard Safety Requirements
for Powered Platforms for Exterior Building Maintenance'' (see Sec.
1910.6). For detail design specifications for electrical equipment,
see Part 2, ANSI A120.1-1970.
* * * * *

Subpart S--Electrical

0
5. The authority citation for Subpart S is revised to read as follows:

    Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 8-76
(41 FR 25059), 1-90 (55 FR 9033), or 5-2002 (67 F.R. 65008), as
applicable; 29 CFR Part 1911.

0
6. Sections 1910.302 through 1910.308 are revised to read as follows:

Design Safety Standards for Electrical Systems

Sec.  1910.302  Electric utilization systems.

    Sections 1910.302 through 1910.308 contain design safety standards
for electric utilization systems.
    (a) Scope--(1) Covered. The provisions of Sec. Sec.  1910.302
through 1910.308 cover electrical installations and utilization
equipment installed or used within or on buildings, structures, and
other premises, including:
    (i) Yards;
    (ii) Carnivals;
    (iii) Parking and other lots;
    (iv) Mobile homes;
    (v) Recreational vehicles;
    (vi) Industrial substations;
    (vii) Conductors that connect the installations to a supply of
electricity; and
    (viii) Other outside conductors on the premises.
    (2) Not covered. The provisions of Sec. Sec.  1910.302 through
1910.308 do not cover:
    (i) Installations in ships, watercraft, railway rolling stock,
aircraft, or automotive vehicles other than mobile homes and
recreational vehicles;
    (ii) Installations underground in mines;
    (iii) Installations of railways for generation, transformation,
transmission, or distribution of power used exclusively for operation
of rolling stock or installations used exclusively for signaling and
communication purposes;
    (iv) Installations of communication equipment under the exclusive
control of communication utilities, located outdoors or in building
spaces used exclusively for such installations; or
    (v) Installations under the exclusive control of electric utilities
for the purpose of communication or metering; or for the generation,
control, transformation, transmission, and distribution of electric
energy located in buildings used exclusively by utilities for such
purposes or located outdoors on property owned or leased by the utility
or on public highways, streets, roads, etc., or outdoors by established
rights on private property.
    (b) Extent of application--(1) Requirements applicable to all
installations. The following requirements apply to all electrical
installations and utilization equipment, regardless of when they were
designed or installed:

Sec.  1910.303(b)--Examination, installation, and use of equipment
Sec.  1910.303(c)(3)--Electrical connections--Splices
Sec.  1910.303(d)--Arcing parts
Sec.  1910.303(e)--Marking
Sec.  1910.303(f), except (f)(4) and (f)(5)--Disconnecting means and
circuits
Sec.  1910.303(g)(2)--600 volts or less--Guarding of live parts
Sec.  1910.304(a)(3)--Use of grounding terminals and devices
Sec.  1910.304(f)(1)(i), (f)(1)(iv), and (f)(1)(v)--Overcurrent
protection--600 volts, nominal, or less
Sec.  1910.304(g)(1)(ii), (g)(1)(iii), (g)(1)(iv), and (g)(1)(v)--
Grounding--Systems to be grounded
Sec.  1910.304(g)(4)--Grounding--Grounding connections
Sec.  1910.304(g)(5)--Grounding--Grounding path
Sec.  1910.304(g)(6)(iv)(A) through (g)(6)(iv)(D), and (g)(6)(vi)--
Grounding--Supports, enclosures, and equipment to be grounded
Sec.  1910.304(g)(7)--Grounding--Nonelectrical equipment

Sec.  1910.304(g)(8)(i)--Grounding--Methods of grounding fixed
equipment
Sec.  1910.305(g)(1)--Flexible cords and cables--Use of flexible cords
and cables
Sec.  1910.305(g)(2)(ii) and (g)(2)(iii)--Flexible cords and cables--
Identification, splices, and terminations
Sec.  1910.307, except as specified in Sec.  1910.307(b)--Hazardous
(classified) locations

    (2) Requirements applicable to installations made after March 15,
1972. Every electrical installation and all utilization equipment
installed or overhauled after March 15, 1972, shall comply with the
provisions of Sec. Sec.  1910.302 through 1910.308, except as noted in
paragraphs (b)(3) and (b)(4) of this section.
    (3) Requirements applicable only to installations made after April
16, 1981. The following requirements apply only to electrical
installations and utilization equipment installed after April 16, 1981:

Sec.  1910.303(h)(4)--Over 600 volts, nominal--Entrance and access to
work space
Sec.  1910.304(f)(1)(vii) and (f)(1)(viii)--Overcurrent protection--600
volts, nominal, or less
Sec.  1910.304(g)(9)(i)--Grounding--Grounding of systems and circuits
of 1000 volts and over (high voltage)
Sec.  1910.305(j)(6)(ii)(D)--Equipment for general use--Capacitors
Sec.  1910.306(c)(9)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Interconnection between
multicar controllers
Sec.  1910.306(i)--Electrically driven or controlled irrigation
machines
Sec.  1910.306(j)(5)--Swimming pools, fountains, and similar
installations--Fountains
Sec.  1910.308(a)(1)(ii)--Systems over 600 volts, nominal--Aboveground
wiring methods
Sec.  1910.308(c)(2)--Class 1, Class 2, and Class 3 remote control,
signaling, and power-limited circuits--Marking
Sec.  1910.308(d)--Fire alarm systems

    (4) Requirements applicable only to installations made after August
13, 2007. The following requirements apply only to electrical
installations and utilization equipment installed after August 13,
2007:

Sec.  1910.303(f)(4)--Disconnecting means and circuits--Capable of
accepting a lock
Sec.  1910.303(f)(5)--Disconnecting means and circuits--Marking for
series combination ratings
Sec.  1910.303(g)(1)(iv) and (g)(1)(vii)--600 Volts, nominal, or less--
Space about electric equipment
Sec.  1910.303(h)(5)(vi)--Over 600 volts, nominal--Working space and
guarding
Sec.  1910.304(b)(1)--Branch circuits--Identification of multiwire
branch circuits
Sec.  1910.304(b)(3)(i)--Branch circuits--Ground-fault circuit
interrupter protection for personnel
Sec.  1910.304(f)(2)(i)(A), (f)(2)(i)(B) (but not the introductory text
to Sec.  1910.304(f)(2)(i)), and (f)(2)(iv)(A)--Overcurrent
protection--Feeders and branch circuits over 600 volts, nominal
Sec.  1910.305(c)(3)(ii)--Switches--Connection of switches
Sec.  1910.305(c)(5)--Switches--Grounding
Sec.  1910.306(a)(1)(ii)--Electric signs and outline lighting--
Disconnecting means
Sec.  1910.306(c)(4)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Operation
Sec.  1910.306(c)(5)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Location
Sec.  1910.306(c)(6)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Identification and signs
Sec.  1910.306(c)(7)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Single-car and multicar
installations
Sec.  1910.306(j)(1)(iii)--Swimming pools, fountains, and similar
installations--Receptacles
Sec.  1910.306(k)--Carnivals, circuses, fairs, and similar events
Sec.  1910.308(a)(5)(v) and (a)(5)(vi)(B)--Systems over 600 volts,
nominal--Interrupting and isolating devices
Sec.  1910.308(a)(7)(vi)--Systems over 600 volts, nominal--Tunnel
installations
Sec.  1910.308(b)(3)--Emergency power systems--Signs
Sec.  1910.308(c)(3)--Class 1, Class 2, and Class 3 remote control,
signaling, and power-limited circuits--Separation from conductors of
other circuits
Sec.  1910.308(f)--Solar photovoltaic systems

    (c) Applicability of requirements for disconnecting means. The
requirement in Sec.  1910.147(c)(2)(iii) that energy isolating devices
be capable of accepting a lockout device whenever replacement or major
repair, renovation or modification of a machine or equipment is
performed, and whenever new machines or equipment are installed after
January 2, 1990, applies in addition to any requirements in Sec.
1910.303 through Sec.  1910.308 that disconnecting means be capable of
being locked in the open position under certain conditions.

Sec.  1910.303  General.

    (a) Approval. The conductors and equipment required or permitted by
this subpart shall be acceptable only if approved, as defined in Sec.
1910.399.
    (b) Examination, installation, and use of equipment--(1)
Examination. Electric equipment shall be free from recognized hazards
that are likely to cause death or serious physical harm to employees.
Safety of equipment shall be determined using the following
considerations:
    (i) Suitability for installation and use in conformity with the
provisions of this subpart;

    Note to paragraph (b)(1)(i) of this section: Suitability of
equipment for an identified purpose may be evidenced by listing or
labeling for that identified purpose.

    (ii) Mechanical strength and durability, including, for parts
designed to enclose and protect other equipment, the adequacy of the
protection thus provided;
    (iii) Wire-bending and connection space;
    (iv) Electrical insulation;
    (v) Heating effects under all conditions of use;
    (vi) Arcing effects;
    (vii) Classification by type, size, voltage, current capacity, and
specific use; and
    (viii) Other factors that contribute to the practical safeguarding
of persons using or likely to come in contact with the equipment.
    (2) Installation and use. Listed or labeled equipment shall be
installed and used in accordance with any instructions included in the
listing or labeling.
    (3) Insulation integrity. Completed wiring installations shall be
free from short circuits and from grounds other than those required or
permitted by this subpart.
    (4) Interrupting rating. Equipment intended to interrupt current at
fault levels shall have an interrupting rating sufficient for the
nominal circuit voltage and the current that is available at the line
terminals of the equipment. Equipment intended to interrupt current at
other than fault levels shall have an interrupting rating at nominal
circuit voltage sufficient for the current that must be interrupted.
    (5) Circuit impedance and other characteristics. The overcurrent
protective devices, the total impedance,

the component short-circuit current ratings, and other characteristics
of the circuit to be protected shall be selected and coordinated to
permit the circuit protective devices used to clear a fault to do so
without the occurrence of extensive damage to the electrical components
of the circuit. This fault shall be assumed to be either between two or
more of the circuit conductors, or between any circuit conductor and
the grounding conductor or enclosing metal raceway.
    (6) Deteriorating agents. Unless identified for use in the
operating environment, no conductors or equipment shall be located in
damp or wet locations; where exposed to gases, fumes, vapors, liquids,
or other agents that have a deteriorating effect on the conductors or
equipment; or where exposed to excessive temperatures.
    (7) Mechanical execution of work. Electric equipment shall be
installed in a neat and workmanlike manner.
    (i) Unused openings in boxes, raceways, auxiliary gutters,
cabinets, equipment cases, or housings shall be effectively closed to
afford protection substantially equivalent to the wall of the
equipment.
    (ii) Conductors shall be racked to provide ready and safe access in
underground and subsurface enclosures that persons enter for
installation and maintenance.
    (iii) Internal parts of electrical equipment, including busbars,
wiring terminals, insulators, and other surfaces, may not be damaged or
contaminated by foreign materials such as paint, plaster, cleaners,
abrasives, or corrosive residues.
    (iv) There shall be no damaged parts that may adversely affect safe
operation or mechanical strength of the equipment, such as parts that
are broken, bent, cut, or deteriorated by corrosion, chemical action,
or overheating.
    (8) Mounting and cooling of equipment. (i) Electric equipment shall
be firmly secured to the surface on which it is mounted.

    Note to paragraph (b)(8)(i) of this section: Wooden plugs driven
into holes in masonry, concrete, plaster, or similar materials are
not considered secure means of fastening electric equipment.

    (ii) Electric equipment that depends on the natural circulation of
air and convection principles for cooling of exposed surfaces shall be
installed so that room airflow over such surfaces is not prevented by
walls or by adjacent installed equipment. For equipment designed for
floor mounting, clearance between top surfaces and adjacent surfaces
shall be provided to dissipate rising warm air.
    (iii) Electric equipment provided with ventilating openings shall
be installed so that walls or other obstructions do not prevent the
free circulation of air through the equipment.
    (c) Electrical connections--(1) General. Because of different
characteristics of dissimilar metals:
    (i) Devices such as pressure terminal or pressure splicing
connectors and soldering lugs shall be identified for the material of
the conductor and shall be properly installed and used;
    (ii) Conductors of dissimilar metals may not be intermixed in a
terminal or splicing connector where physical contact occurs between
dissimilar conductors (such as copper and aluminum, copper and copper-
clad aluminum, or aluminum and copper-clad aluminum) unless the device
is identified for the purpose and conditions of use; and
    (iii) Materials such as solder, fluxes, inhibitors, and compounds,
where employed, shall be suitable for the use and shall be of a type
that will not adversely affect the conductors, installation, or
equipment.
    (2) Terminals. (i) Connection of conductors to terminal parts shall
ensure a good connection without damaging the conductors and shall be
made by means of pressure connectors (including set-screw type), solder
lugs, or splices to flexible leads. However, No. 10 or smaller
conductors may be connected by means of wire binding screws or studs
and nuts having upturned lugs or equivalent.
    (ii) Terminals for more than one conductor and terminals used to
connect aluminum shall be so identified.
    (3) Splices. (i) Conductors shall be spliced or joined with
splicing devices identified for the use or by brazing, welding, or
soldering with a fusible metal or alloy. Soldered splices shall first
be spliced or joined to be mechanically and electrically secure without
solder and then soldered. All splices and joints and the free ends of
conductors shall be covered with an insulation equivalent to that of
the conductors or with an insulating device identified for the purpose.
    (ii) Wire connectors or splicing means installed on conductors for
direct burial shall be listed for such use.
    (d) Arcing parts. Parts of electric equipment that in ordinary
operation produce arcs, sparks, flames, or molten metal shall be
enclosed or separated and isolated from all combustible material.
    (e) Marking--(1) Identification of manufacturer and ratings.
Electric equipment may not be used unless the following markings have
been placed on the equipment:
    (i) The manufacturer's name, trademark, or other descriptive
marking by which the organization responsible for the product may be
identified; and
    (ii) Other markings giving voltage, current, wattage, or other
ratings as necessary.
    (2) Durability. The marking shall be of sufficient durability to
withstand the environment involved.
    (f) Disconnecting means and circuits--(1) Motors and appliances.
Each disconnecting means required by this subpart for motors and
appliances shall be legibly marked to indicate its purpose, unless
located and arranged so the purpose is evident.
    (2) Services, feeders, and branch circuits. Each service, feeder,
and branch circuit, at its disconnecting means or overcurrent device,
shall be legibly marked to indicate its purpose, unless located and
arranged so the purpose is evident.
    (3) Durability of markings. The markings required by paragraphs
(f)(1) and (f)(2) of this section shall be of sufficient durability to
withstand the environment involved.
    (4) Capable of accepting a lock. Disconnecting means required by
this subpart shall be capable of being locked in the open position.
    (5) Marking for series combination ratings. (i) Where circuit
breakers or fuses are applied in compliance with the series combination
ratings marked on the equipment by the manufacturer, the equipment
enclosures shall be legibly marked in the field to indicate that the
equipment has been applied with a series combination rating.
    (ii) The marking required by paragraph (f)(5)(i) of this section
shall be readily visible and shall state ``Caution--Series Combination
System Rated ---- Amperes. Identified Replacement Component Required.''
    (g) 600 Volts, nominal, or less. This paragraph applies to electric
equipment operating at 600 volts, nominal, or less to ground.
    (1) Space about electric equipment. Sufficient access and working
space shall be provided and maintained about all electric equipment to
permit ready and safe operation and maintenance of such equipment.
    (i) Working space for equipment likely to require examination,
adjustment, servicing, or maintenance while energized shall comply with
the following dimensions, except as required or permitted elsewhere in
this subpart:

    (A) The depth of the working space in the direction of access to
live parts may not be less than indicated in Table S-1. Distances shall
be measured from the live parts if they are exposed or from the
enclosure front or opening if they are enclosed;
    (B) The width of working space in front of the electric equipment
shall be the width of the equipment or 762 mm (30 in.), whichever is
greater. In all cases, the working space shall permit at least a 90-
degree opening of equipment doors or hinged panels; and
    (C) The work space shall be clear and extend from the grade, floor,
or platform to the height required by paragraph (g)(1)(vi) of this
section. However, other equipment associated with the electrical
installation and located above or below the electric equipment may
extend not more than 153 mm (6 in.) beyond the front of the electric
equipment.