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March 4, 1993

MEMORANDUM FOR:     BRUCE HILLENBRAND, DIRECTOR
                   DIRECTORATE OF FEDERAL-STATE OPERATIONS

ATTENTION:          BARBARA BRYANT 
                   FEDERAL STATE OPERATIONS

FROM:               RAYMOND E. DONNELLY, DIRECTOR 
                   OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

SUBJECT:            Transfer of Letter from Richard Carroll, Assistant
                   Attorney General, State of Kentucky Requesting 
                   an interpretation of 29 CFR 1910.97.

Application of 29 CFR 1910.97, .147(c)(1) and (c)(7)(i) to television transmission towers in the Federal regulations is as follows:

a. Paragraph (a)(3) of the telecommunications standard (29 CFR 1910.268) reads "Operations or conditions not specifically covered by this section are subject to all the applicable standards contained in this part 1910. (See 1910.5(c))." This means that Nonionizing Radiation standard at 1910.97, applies to television transmission towers.

b. 29 CFR 1910.147 applies to the control of hazardous energy in various maintenance and servicing operations to provide proven effective protection for employees. This standard may be applicable to the situation described by Mr. Carroll, depending on the levels of exposure to nonionizing radiation and other related circumstances.

If you have further questions, please let me know.