[Federal Register: March 30, 2007 (Volume 72, Number 61)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2007-0021]
Announcement of Additional Stakeholder Meetings on Occupational
Exposure to Ionizing Radiation
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Announcement of additional stakeholder meetings.
SUMMARY: The Occupational Safety and Health Administration (OSHA)
invites interested parties to participate in or observe informal
stakeholder meetings on Occupational Exposure to Ionizing Radiation.
These meetings are a continuation of OSHA's information collection
efforts on ionizing radiation.
DATES: Stakeholder meetings: The stakeholder meeting dates are:
1. 8:30 a.m.-1 p.m., April 19, 2007, Chicago, IL.
2. 8:30 a.m.-4:30 p.m., April 26, 2007, Washington, DC.
Notice of intention to attend a stakeholder meeting: You must
submit a notice of intention to attend (i.e., to participate or
observe) the Chicago, IL or Washington, DC, stakeholder meeting by
April 11, 2007.
ADDRESSES: Stakeholder meetings: The stakeholder meeting locations are:
1. Crown Plaza Chicago O'Hare, 5440 North River Road, Rosemont, IL
2. Frances Perkins Building, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210.
Notices of intention to attend a stakeholder meeting: You may
submit your notice of intention to attend (i.e., to participate or
observe) a stakeholder meeting by any of the following methods:
Electronic: OSHA encourages you to submit your notice of intention
to attend to firstname.lastname@example.org.
Facsimile: You may fax your notice of intention to attend to (202)
Regular mail, express delivery, hand delivery, messenger and
courier service: Submit your notice of intention to attend to Liset
Navas, OSHA, Directorate of Standards and Guidance, Room N-3718, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-1950. The Department of Labor's and OSHA's
normal hours of operation are 8:15 a.m. to 4:45 p.m., e.t.
Instructions: For further information on the stakeholder meetings
and submitting notices of intention to attend (i.e., to participate or
observe) one of the meetings, see the "Public Participation" heading
in the SUPPLEMENTARY INFORMATION section of this notice.
Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of notices of intention to
attend. For information about security procedures concerning the
delivery of materials by hand, express mail, messenger or courier
service, please contact Liset Navas at (202) 693-1950.
Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This document, non-attributed notes from
the stakeholder meetings, as well as news releases and other relevant
information, will also be available at OSHA's Web page at http://www.osha.gov.
FOR FURTHER INFORMATION CONTACT: Michael Seymour, Director, OSHA,
Office of Physical Hazards, Directorate of Standards and Guidance, Room
N-3718, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-1950.
The use of ionizing radiation has increased significantly in recent
years. Today, ionizing radiation is used in a wide variety of
workplaces and operations, including security operations, hospitals and
medical offices, dental offices, manufacturing worksites, research
facilities, forestry and other agricultural worksites, and wastewater
In 2005, OSHA initiated information collection efforts to obtain
data, information, and comment on the increased workplace use of
ionizing radiation and other related issues. These efforts started with
the publication of a Request for Information (RFI) on May 3, 2005 (70
FR 22828). OSHA received 51 comments in response to the RFI. To
supplement this information, OSHA is inviting interested parties to
attend informal stakeholder meetings on the Occupational Exposure to
Ionizing Radiation. OSHA will use the data and materials obtained
through these information collections efforts to determine, in
conjunction with other Federal agencies, whether regulatory action is
necessary is protect employees from ionizing radiation exposure.
OSHA's existing standard on Ionizing Radiation (29 CFR 1910.1096)
was adopted in 1971 pursuant to section 6(a) of the Occupational Safety
and Health Act of 1970 (OSH Act) (29 U.S.C. 651, 655). The standard has
remained largely unchanged since that time.
OSHA's Ionizing Radiation standard applies to all workplaces except
agricultural operations and those workplaces exempted from OSHA
jurisdiction under section 4(b)(1) of the OSH Act (29 U.S.C. 653).
Section 4(b)(1) states:
Nothing in this Act shall apply to working conditions of
employees with respect to which other Federal agencies, and State
agencies acting under section 274 of the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2021), exercise statutory authority to
prescribe or enforce standards or regulations affecting occupational
safety and health.
The Nuclear Regulatory Commission (NRC) has statutory authority for
licensing and regulating nuclear facilities and materials as mandated
by the Atomic Energy Act of 1954 (as amended) (42 U.S.C. 2011 et seq.),
the Energy Reorganization Act of 1974 (as amended), the Nuclear
Nonproliferation Act of 1978, and other applicable statutes.
Specifically, the NRC has the authority to regulate source, byproduct
and certain special nuclear materials (e.g., nuclear reactor fuel).
This authority covers radiation hazards in NRC-licensed nuclear
facilities produced by radioactive materials and plant conditions that
affect the safety of radioactive materials and thus present an
increased radiation hazard to workers.
In 1988, OSHA and NRC signed a memorandum of understanding (MOU)
delineating the general areas of responsibility of each agency (CPL
2.86, December 22, 1989). The MOU specifies that at NRC-licensed
facilities OSHA has authority to regulate occupational ionizing
radiation sources not regulated by NRC (CPL 2.86). Examples of non-NRC
regulated radiation sources include X-ray equipment, accelerators,
electron microscopes, betatrons, and some naturally occurring radiation
sources (CPL 2.86). (See the Ionizing Radiation RFI (70 FR 22828) for
additional information on sources of ionizing radiation exposure,
workplace uses of ionizing radiation, and health effects of ionizing
Most recently, the Energy Policy Act of 2005 authorized NRC to
regulate material made radioactive by accelerators by adding
"accelerator-produced material" to the definition of "byproduct
material" that NRC is authorized to license and regulate. The Energy
Policy Act directed NRC to issue licensing and compliance oversight
regulations to carry out the legislation. Until NRC issues and begins
enforcing those regulations, OSHA retains authority over both
accelerators and the materials they produce.
OSHA intended to hold four stakeholder meetings on Occupational
Exposure to Ionizing Radiation, the first two meetings covering the
healing arts and industrial radiography, were announced on March 5,
2007 in the Federal Register (72 FR 9716). The healing arts stakeholder
meeting was held in Washington, DC on March 16, 2007 and the industrial
radiography was scheduled to be held on March 26, 2007 in Orlando,
Florida but, was cancelled due to lack of participation. The Agency is
announcing in this notice the third and fourth meetings. The third
scheduled stakeholder meeting, to be held in Chicago, IL, will cover
the non-medical or security use of accelerators. The fourth scheduled
stakeholder meeting, to be held in Washington, DC will cover the use of
ionizing radiation in security activities. OSHA encourages interested
parties to attend only the stakeholder meeting that deals with their
industry, occupation, or operation.
The stakeholder meetings will be an opportunity for informal
discussion and the exchange of data, ideas, and points of view. To make
the stakeholder meetings as productive as possible, OSHA requests that
interested parties attending stakeholder meetings be prepared to
discuss the following issues relating to occupational exposure to
ionizing radiation in their respective industries, occupations, or
Uses of ionizing radiation;
Available exposure data;
Controls utilized to minimize exposure; and
In addition, OSHA will use the stakeholder meetings to discuss
comments and materials received in response to the RFI.
Each stakeholder meeting will begin with OSHA's presentation on
Agency responsibilities related to occupational exposure to ionizing
radiation followed by stakeholder questions. OSHA will devote the
remainder of each meeting to informal discussions on the topics above
and related issues. In particular, OSHA is interested in hearing
firsthand from employers and employees and in reviewing exposure data.
Meeting participants are not expected to prepare and present formal
Public Participation--Submission of Notices of Intention To Attend and
Access To Docket
You must submit a notice of intention to attend if you wish to
participate in or observe a stakeholder meeting. You may submit notices
of intention to attend one of the stakeholder meetings (1)
electronically, (2) by facsimile, or (3) by hard copy. All notices must
identify the Agency name and docket number for this notice (Docket No.
OSHA-2007-0021). Because of security-related procedures, the use of
regular mail may cause a significant delay in the receipt of notices of
intention to attend. For information about security procedures
concerning the delivery of materials by hand, express mail, messenger
or courier service, please contact Liset Navas at (202) 693-1950.
Notices of intention to attend a stakeholder meeting must include
the following information:
Name and contact information;
Affiliation (e.g., organization, association), if any;
The stakeholder meeting you plan to attend;
Whether you wish to be an active participant or observer;
Whether you need any special accommodations in order to
attend or participate in a stakeholder meeting.
For access to comments and materials received in response to the
RFI, go to OSHA Docket No. H-016 on OSHA's Web page at http://www.osha.gov.
Contact the OSHA Docket Office, Docket No. H-016, Room N-2625,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone (202) 693-2350 (OSHA's TTY number is
(877) 889-5627) for information about materials in the RFI docket that
are not available through OSHA's Web page and for assistance in using
the Web page to locate docket submissions.
Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This document, as well as news releases and
other relevant information, also are available at OSHA's Web page at
This notice was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health.
It is issued under Sections 4 and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 657), and Secretary of Labor's Order
No. 5-2002 (67 FR 65008).
Signed at Washington, DC on this 26th day of March, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-5871 Filed 3-29-07; 8:45 am]
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