83_FR_46154 83 FR 45978 - Addendum to the Memorandum of Understanding With the Department of Energy (August 28, 1992); Oak Ridge, Tennessee Properties

83 FR 45978 - Addendum to the Memorandum of Understanding With the Department of Energy (August 28, 1992); Oak Ridge, Tennessee Properties

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45978-45979
FR Document2018-19689

This is a notice of an addendum to the interagency Memorandum of Understanding (MOU) between the U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) and the U.S. Department of Energy (DOE). The MOU establishes specific interagency procedures for the transfer of occupational safety and health coverage for privatized facilities, properties, and operations from DOE to OSHA and state agencies acting under state plans approved by OSHA.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018) 
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45978-45979]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19689]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0027]


Addendum to the Memorandum of Understanding With the Department 
of Energy (August 28, 1992); Oak Ridge, Tennessee Properties

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This is a notice of an addendum to the interagency Memorandum 
of Understanding (MOU) between the U.S. Department of Labor (DOL), 
Occupational Safety and Health Administration (OSHA) and the U.S. 
Department of Energy (DOE). The MOU establishes specific interagency 
procedures for the transfer of occupational safety and health coverage 
for privatized facilities, properties, and operations from DOE to OSHA 
and state agencies acting under state plans approved by OSHA.

DATES: The expansion of the scope of recognition becomes effective on 
September 11, 2018.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, OSHA Office of Technical Programs and Coordination 
Activities, Directorate of Technical Support and Emergency Management, 
U.S. Department of Labor, telephone: (202) 693-2110 or email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    DOE and OSHA entered into a MOU on August 10, 1992, delineating 
regulatory authority over the occupational safety and health of 
contractor employees at DOE government-owned or leased, contractor-
operated (GOCO) facilities. In general, the MOU recognizes that DOE 
exercises statutory authority under section 161(f) of the Atomic Energy 
Act of 1954, as amended, (42 U.S.C. 2201(f)), relating to the 
occupational safety and health of private-sector employees at these 
facilities.
    Section 4(b)(1) of the Occupational Safety Health Act of 1970 (OSH 
Act) (29 U.S.C. 653(b)(1), exempts from OSHA authority working 
conditions with respect to which other federal agencies have exercised 
statutory authority to prescribe or enforce standards or regulations 
affecting occupational safety and health. The 1992 MOU acknowledges 
DOE's extensive program for the regulation of contractor health and 
safety, which requires contractor compliance with all OSHA standards as 
well as additional requirements prescribed by DOE, and concludes with 
an agreement by the agencies that the provisions of the OSH Act will 
not apply to GOCO sites for which DOE has exercised authority to 
regulate occupational safety and health under the Atomic Energy Act. 
The 1992 MOU has expired.
    In light of DOE's policy emphasis on privatization activities, OSHA 
and DOE entered into a second MOU on July 25, 2000, that establishes 
interagency procedures to address regulatory authority for occupational 
safety and health at specified privatized facilities and operations on 
sites formerly controlled by DOE. The July 25, 2000, MOU covers 
facilities and operations on lands no longer controlled by DOE, which 
are not conducting activities for or on behalf of DOE and where there 
is no likelihood that any employee exposure to radiation from DOE 
sources would be 25 millirems per year (mrem/yr) or more.

II. Notice of Transfer

    In an email dated February 2, 2018, DOE requested that OSHA or, as 
appropriate, the Tennessee Occupational Safety and Health 
Administration (TOSHA) accept occupational safety and health regulatory 
authority over employees at the East Tennessee Technology Park in Oak 
Ridge, Tennessee, six parcels of land pursuant to the MOU on Safety and 
Health Enforcement at Privatized Facilities and Operations dated July 
25, 2000. Other facilities and properties at the East Tennessee 
Technology Park were transferred to TOSHA jurisdiction under this MOU 
by Federal Register notices 74 FR 120 (January 2, 2009), 74 FR 39977 
(August 10, 2009), 76 FR 80408 (December 23, 2011) and 79 FR 29456 (May 
22, 2014).
    The six parcels of land, which are located at the East Tennessee 
Technology Park in Oak Ridge, Tennessee, and were transferred by deed 
to the Community Reuse Organization of East Tennessee (CROET) are 
described as follows:
     Land Parcel ED-11 Consists of five tracts of land 
separated by roadways: ED-11A (11.67 acres), ED-11B (2.25 acres), ED-
11C (0.49 acres), ED-11D

[[Page 45979]]

(0.31 acres), and ED-11E (0.15 acres). No buildings are included in 
this transfer;
     Land Parcel ED-12 Consists of five tracts of land 
separated by roadways: ED-12A (5.88 acres), ED-12B (2.57 acres), ED-12C 
(1.75 acres), ED-12D (2.99 acres), and ED-12E (0.16 acres). No 
buildings are included in this transfer;
     Land Parcel ED-3 Consists of two tracts of land separated 
by roadways. The southern tract (111 acres), and the northern tract 
(2.5 acres). No buildings are included in this transfer;
     Land Parcel ED-3 West Consists of one tract of 
approximately 72 acres. No buildings are included in this transfer;
     Land Parcel K-31 Consists of one tract of approximately 61 
acres. No buildings are included in this transfer. Any existing 
buildings will be destroyed before the transfer takes place; and
     Land Parcel K-33 Consists of one tract of approximately 
136.4 acres. No buildings are included in this transfer.
    OSHA's Regional Office in Atlanta, Georgia, working with the OSHA 
Nashville Area Office and TOSHA, determined that TOSHA is willing to 
accept authority over the occupational safety and health of public-
sector and private-sector employees at the six parcels of land at the 
East Tennessee Technology Park in Oak Ridge, Tennessee, that were 
transferred by deed to CROET. In a letter from OSHA to DOE dated May 
21, 2018, OSHA stated that TOSHA is satisfied with DOE assurances that 
(1) there is no likelihood that any employee at facilities in the 
vicinity of these land parcels will be exposed to radiation levels that 
will be 25 millirems per year (mrem/yr) or more, and; (2) transfer of 
authority to TOSHA is free from regulatory gaps and does not diminish 
the safety and health protection of the employees.
    Accordingly, TOSHA accepts and maintains health and safety 
regulatory authority over employees in the vicinity of Land Parcels ED-
11, ED-12, ED-3, ED-3 West, K-31 and K-33.

III. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, authorized the preparation of this notice. This 
Federal Register notice provides public notice and serves as an 
addendum to the 1992 OSHA/DOE MOU. Accordingly, the Agency is issuing 
this notice pursuant to Section 8(g)(2) of the Occupational Health and 
Safety Act of 1970 (29 U.S.C. 657(g)(2)), Secretary of Labor's Order 
No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on September 5, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-19689 Filed 9-10-18; 8:45 am]
 BILLING CODE 4510-26-P

45978 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices employees because of physical or DEPARTMENT OF LABOR authority working conditions with mental disability and requires respect to which other federal agencies affirmative action to ensure that persons Occupational Safety and Health have exercised statutory authority to are treated without regard to disability. Administration prescribe or enforce standards or Section 503 applies to federal [Docket No. OSHA–2013–0027] regulations affecting occupational safety contractors and subcontractors with and health. The 1992 MOU contracts in excess of $15,000. VEVRAA Addendum to the Memorandum of acknowledges DOE’s extensive program prohibits employment discrimination Understanding With the Department of for the regulation of contractor health against protected veterans and requires Energy (August 28, 1992); Oak Ridge, and safety, which requires contractor affirmative action to ensure that persons Tennessee Properties compliance with all OSHA standards as are treated without regard to their status well as additional requirements as a protected veteran. VEVRAA applies AGENCY: Occupational Safety and Health prescribed by DOE, and concludes with to federal contractors and Administration (OSHA), Labor. an agreement by the agencies that the subcontractors with contracts of ACTION: Notice. provisions of the OSH Act will not $150,000 or more. apply to GOCO sites for which DOE has II. Review Focus: OFCCP is SUMMARY: This is a notice of an exercised authority to regulate particularly interested in comments addendum to the interagency occupational safety and health under which: Memorandum of Understanding (MOU) the Atomic Energy Act. The 1992 MOU • Evaluate whether the proposed between the U.S. Department of Labor has expired. collection of information is necessary (DOL), Occupational Safety and Health In light of DOE’s policy emphasis on for the compliance and enforcement Administration (OSHA) and the U.S. privatization activities, OSHA and DOE functions of the agency, including Department of Energy (DOE). The MOU entered into a second MOU on July 25, whether the information will have establishes specific interagency 2000, that establishes interagency practical utility; procedures for the transfer of procedures to address regulatory • Evaluate the accuracy of the occupational safety and health coverage authority for occupational safety and agency’s estimate of the burden of the for privatized facilities, properties, and health at specified privatized facilities proposed collection of information, operations from DOE to OSHA and state and operations on sites formerly including the validity of the agencies acting under state plans controlled by DOE. The July 25, 2000, methodology and assumptions used; approved by OSHA. MOU covers facilities and operations on • Enhance the quality, utility and DATES: The expansion of the scope of lands no longer controlled by DOE, clarity of the information to be recognition becomes effective on which are not conducting activities for collected; and September 11, 2018. or on behalf of DOE and where there is • Minimize the burden of the no likelihood that any employee FOR FURTHER INFORMATION CONTACT: collection of information on those who exposure to radiation from DOE sources Information regarding this notice is are to respond, including through the would be 25 millirems per year (mrem/ available from the following sources: use of appropriate automated, yr) or more. Press inquiries: Contact Mr. Frank electronic, mechanical, or other Meilinger, Director, OSHA Office of II. Notice of Transfer technological collection techniques or Communications, U.S. Department of In an email dated February 2, 2018, other forms of information technology, Labor, telephone: (202) 693–1999; DOE requested that OSHA or, as e.g., permitting electronic submissions email: meilinger.francis2@dol.gov. appropriate, the Tennessee of responses. III. Current Actions: OFCCP seeks General and technical information: Occupational Safety and Health approval of this information collection Contact Mr. Kevin Robinson, Director, Administration (TOSHA) accept in order to carry out and enhance its OSHA Office of Technical Programs and occupational safety and health responsibilities to enforce the anti- Coordination Activities, Directorate of regulatory authority over employees at discrimination and affirmative action Technical Support and Emergency the East Tennessee Technology Park in provisions of the three legal authorities Management, U.S. Department of Labor, Oak Ridge, Tennessee, six parcels of it administers. telephone: (202) 693–2110 or email: land pursuant to the MOU on Safety and Type of Review: Renewal. robinson.kevin@dol.gov. Health Enforcement at Privatized Agency: Office of Federal Contract SUPPLEMENTARY INFORMATION: Facilities and Operations dated July 25, Compliance Programs. I. Background 2000. Other facilities and properties at Title: Agreement Approval Process for the East Tennessee Technology Park Use of Functional Affirmative Action DOE and OSHA entered into a MOU were transferred to TOSHA jurisdiction Programs. on August 10, 1992, delineating under this MOU by Federal Register OMB Number: 1250–0006. regulatory authority over the notices 74 FR 120 (January 2, 2009), 74 Agency Form Number: None. occupational safety and health of FR 39977 (August 10, 2009), 76 FR Affected Public: Business or other for- contractor employees at DOE 80408 (December 23, 2011) and 79 FR profit entities. government-owned or leased, 29456 (May 22, 2014). Total Respondents: 85. contractor-operated (GOCO) facilities. In The six parcels of land, which are Total Annual responses: 85. general, the MOU recognizes that DOE located at the East Tennessee Estimated Total Burden Hours: 862. exercises statutory authority under Frequency: Annual. Technology Park in Oak Ridge, Total Burden Cost: $29,455. section 161(f) of the Atomic Energy Act Tennessee, and were transferred by daltland on DSKBBV9HB2PROD with NOTICES of 1954, as amended, (42 U.S.C. 2201(f)), deed to the Community Reuse Debra A. Carr, relating to the occupational safety and Organization of East Tennessee (CROET) Director, Division of Policy and Program health of private-sector employees at are described as follows: Development, Office of Federal Contract these facilities. • Land Parcel ED–11 Consists of five Compliance Programs. Section 4(b)(1) of the Occupational tracts of land separated by roadways: [FR Doc. 2018–19680 Filed 9–10–18; 8:45 am] Safety Health Act of 1970 (OSH Act) (29 ED–11A (11.67 acres), ED–11B (2.25 BILLING CODE P U.S.C. 653(b)(1), exempts from OSHA acres), ED–11C (0.49 acres), ED–11D VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1

Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 45979 (0.31 acres), and ED–11E (0.15 acres). Signed at Washington, DC, on September 5, You must cite the control number, No buildings are included in this 2018. which appears in parentheses after the transfer; Loren Sweatt, name of the agency that submitted the • Land Parcel ED–12 Consists of five Deputy Assistant Secretary of Labor for schedule, and a mailing address. If you tracts of land separated by roadways: Occupational Safety and Health. would like an appraisal report, please ED–12A (5.88 acres), ED–12B (2.57 [FR Doc. 2018–19689 Filed 9–10–18; 8:45 am] include that in your request. acres), ED–12C (1.75 acres), ED–12D BILLING CODE 4510–26–P FOR FURTHER INFORMATION CONTACT: (2.99 acres), and ED–12E (0.16 acres). Margaret Hawkins, Director, by mail at No buildings are included in this Records Appraisal and Agency transfer; Assistance (ACRA); National Archives NATIONAL ARCHIVES AND RECORDS • Land Parcel ED–3 Consists of two ADMINISTRATION and Records Administration; 8601 tracts of land separated by roadways. Adelphi Road; College Park, MD 20740– The southern tract (111 acres), and the [NARA–2018–060] 6001, by phone at 301–837–1799, or by northern tract (2.5 acres). No buildings email at request.schedule@nara.gov. are included in this transfer; Records Schedules; Availability and SUPPLEMENTARY INFORMATION: NARA • Land Parcel ED–3 West Consists of Request for Comments publishes notice in the Federal Register one tract of approximately 72 acres. No for records schedules they no longer AGENCY: National Archives and Records need to conduct agency business. NARA buildings are included in this transfer; Administration (NARA). • Land Parcel K–31 Consists of one invites public comments on such ACTION: Notice of availability of records schedules, as required by 44 tract of approximately 61 acres. No proposed records schedules; request for buildings are included in this transfer. U.S.C. 3303a(a). comments. Each year, Federal agencies create Any existing buildings will be destroyed before the transfer takes place; and billions of records on paper, film, SUMMARY: The National Archives and magnetic tape, and other media. To • Land Parcel K–33 Consists of one Records Administration (NARA) control this accumulation, agency tract of approximately 136.4 acres. No publishes notice at least once monthly records managers prepare schedules buildings are included in this transfer. of certain Federal agency requests for proposing records retention periods and OSHA’s Regional Office in Atlanta, records disposition authority (records submit these schedules for NARA’s Georgia, working with the OSHA schedules). Once approved by NARA, approval. These schedules provide for Nashville Area Office and TOSHA, records schedules provide mandatory timely transfer into the National determined that TOSHA is willing to instructions on what happens to records Archives of historically valuable records accept authority over the occupational when agencies no longer need them for and authorize the agency to dispose of safety and health of public-sector and current Government business. The all other records after the agency no private-sector employees at the six records schedules authorize agencies to longer needs them to conduct its parcels of land at the East Tennessee preserve records of continuing value in business. Some schedules are Technology Park in Oak Ridge, the National Archives of the United comprehensive and cover all the records Tennessee, that were transferred by States and to destroy, after a specified of an agency or one of its major deed to CROET. In a letter from OSHA period, records lacking administrative, subdivisions. Most schedules, however, to DOE dated May 21, 2018, OSHA legal, research, or other value. NARA cover records of only one office or stated that TOSHA is satisfied with DOE publishes notice in the Federal Register program or a few series of records. Many assurances that (1) there is no likelihood for records schedules in which agencies of these update previously approved that any employee at facilities in the propose to destroy records they no schedules, and some include records vicinity of these land parcels will be longer need to conduct agency business. proposed as permanent. exposed to radiation levels that will be NARA invites public comments on such The schedules listed in this notice are 25 millirems per year (mrem/yr) or records schedules. media neutral unless otherwise more, and; (2) transfer of authority to DATES: NARA must receive requests for specified. An item in a schedule is TOSHA is free from regulatory gaps and copies in writing by October 11, 2018. media neutral when an agency may does not diminish the safety and health Once NARA finishes appraising the apply the disposition instructions to protection of the employees. records, we will send you a copy of the records regardless of the medium in Accordingly, TOSHA accepts and schedule you requested. We usually which it creates or maintains the maintains health and safety regulatory prepare appraisal memoranda that records. Items included in schedules authority over employees in the vicinity contain additional information submitted to NARA on or after of Land Parcels ED–11, ED–12, ED–3, concerning the records covered by a December 17, 2007, are media neutral ED–3 West, K–31 and K–33. proposed schedule. You may also unless the item is expressly limited to request these. If you do, we will also a specific medium. (See 36 CFR III. Authority and Signature provide them once we have completed 1225.12(e).) Loren Sweatt, Deputy Assistant the appraisal. You have 30 days after we Agencies may not destroy Federal Secretary of Labor for Occupational send to you these requested documents records without Archivist of the United Safety and Health, authorized the in which to submit comments. States’ approval. The Archivist approves preparation of this notice. This Federal ADDRESSES: You may request a copy of destruction only after thoroughly Register notice provides public notice any records schedule identified in this considering the records’ administrative daltland on DSKBBV9HB2PROD with NOTICES and serves as an addendum to the 1992 notice by contacting Records Appraisal use by the agency of origin, the rights OSHA/DOE MOU. Accordingly, the and Agency Assistance (ACRA) using of the Government and of private people Agency is issuing this notice pursuant one of the following means: Mail: NARA directly affected by the Government’s to Section 8(g)(2) of the Occupational (ACRA); 8601 Adelphi Road; College activities, and whether or not the Health and Safety Act of 1970 (29 U.S.C. Park, MD 20740–6001, Email: records have historical or other value. 657(g)(2)), Secretary of Labor’s Order request.schedule@nara.gov, Fax: 301– In addition to identifying the Federal No. 1–2012 (77 FR 3912, Jan. 25, 2012). 837–3698. agencies and any subdivisions VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1


Document Created: 2018-09-11 01:02:25
Document Modified: 2018-09-11 01:02:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe expansion of the scope of recognition becomes effective on September 11, 2018.
ContactInformation regarding this notice is available from the following sources:
FR Citation83 FR 45978 
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