Memorandum for the Record

Date:  		May 19, 2009

From:  	Richard Ewell

	 	Attorney

		Office of the Solicitor, OSH Division

Re:	Incorporation of Entire Subpart V Rulemaking Record Into the Cranes
and Derricks in Construction Rulemaking Record. 

OSHA held a hearing on the proposed rules for Cranes and Derricks in
Construction on March 17-20, 2009.  During the hearing, Mr. Stephen
Yohay, Esq., of the law firm of Ogletree Deakins, testifying on behalf
of the Edison Electric Institute, stated that he was incorporating by
reference into the record of the Cranes and Derricks in Construction
rulemaking the entire rulemaking record for a separate rulemaking,
Electric Power Generation, Transmission, And Distribution; Electrical
Protective Equipment, commonly referred to as the “Subpart V”
rulemaking.  See March 17 Hearing Transcript, pg. 25, lines 6-12
(OSHA-2007-0066-0341).  

This memorandum is added to the docket to clarify the location of the
Subpart V rulemaking.  The Subpart V rulemaking record is available at
www.regulations.gov under OSHA Docket S215-2006-0063.  To ensure
adequate notice in light of the ongoing nature of the Subpart V
rulemaking, only that portion of the Subpart V record that existed as of
March 17, 2009, should be considered to be incorporated by reference
into the docket for the Cranes and Derricks in Constructions rulemaking
(OSHA-2007-0066).

For the convenience of readers, two documents from the Subpart V
rulemaking record are attached.

(1)  OSHA-S215-2006-0063-0095  ELECTRIC POWER GENERATION, TRANSMISSION,
AND DISTRIBUTION; ELECTRICAL PROTECTIVE EQUIPMENT. PROPOSED RULE.  

(2)  OSHA-S215-2006-0063-0080   REVISED FINAL REPORT - ANALYTICAL
SUPPORT AND DATA GATHERING FRO A PRELIMINARY ECONOMIC ANALYSIS FOR
PROPOSED STANDARDS FOR WORK ON ELECTRIC POWER GENERATION, TRANSMISSION,
AND DISTRIBUTION LINES AND EQUIPMENT (29 CFR 1910.269 AND 29 CFR
1926-SUBPART V)

