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• Publication Date: 12/23/2011
• Publication Type: Notice
• Fed Register #: 76: 80408-80409
• Title: Addendum to the Memorandum of Understanding with the Department of Energy (August 28, 1992); Oak Ridge, Tennessee Facilities

[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Notices]
[Pages 80408-80409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32857]


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 DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0180]


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

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

ACTION: Addendum to Memorandum of Understanding between the Department
of Labor and the Department of Energy: the transfer of two existing
building complexes and three other parcels of land located at the East
Tennessee Technology Park in Oak Ridge, Tennessee; transfer of employee
safety and health authority from the Department of Energy (DOE) to the
Tennessee Occupational Safety and Health Administration (TOSHA).

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SUMMARY: This document is a notice of an addendum to the 1992
interagency Memorandum of Understanding (MOU) between the U.S.
Department of Labor and the U.S. Department of Energy. That MOU states
that DOE has exclusive authority over the occupational safety and
health of contractor employees at DOE Government-Owned and Contractor-
Operated facilities (GOCOs). In addition, the MOU between the
departments dated July 25, 2000, on safety and health enforcement at
privatized facilities and operations, provides that OSHA has regulatory
authority over occupational safety and health at certain privatized
facilities and operations on land formerly under the control of DOE.
This action is taken in accordance with the July 25, 2000 MOU, which
establishes specific interagency procedures for the transfer of
occupational safety and health coverage for such privatized facilities
and operations from DOE to OSHA and state agencies acting under state
plans approved by OSHA pursuant to section 18 of the Occupational
Safety and Health Act of 1970 (OSH Act), 29 U.S.C. 667. The MOUs may be
found on the internet via the OSHA Web page http://www.osha.gov under
the "D" for Department of Energy Transition Activities.

DATES: Effective Date: The effective date of the Addendum to the
Memorandum of Understanding is December 23, 2011.

FOR FURTHER INFORMATION CONTACT: Stefan Weisz, Safety and Occupational
Health Specialist, Office of Technical Programs and Coordination
Activities, Directorate of Technical Support and Emergency Management,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-3655, 200 Constitution Avenue NW., Washington,
DC 20210; telephone (202) 693-2110. Access electronic copies of this
notice at OSHA's Web site: http://www.osha.gov.

SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (DOE) and the
Occupational Safety and Health Administration (OSHA) of the U.S.
Department of Labor 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 OSH Act of 1970, 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 or
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 its authority to regulate occupational safety and
health under the Atomic Energy Act.
    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 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.
    In a letter dated January 5, 2011, DOE requested that OSHA or, as
appropriate, TOSHA accept occupational safety and health regulatory
authority over employees at the East Tennessee Technology Park in Oak
Ridge, Tennessee at two existing building complexes and three other
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 at 74 FR 120 (January 2, 2009) and 74 FR 39977 (August 10,
2009).
    The buildings and parcels of land transferred to the city of Oak
Ridge, the Community Reuse Organization of East Tennessee (CROET), and
the Heritage Center, LLC, are described as follows:

     The K-1000 complex consists of two separate buildings:
the upper building, which was formerly a visitor center, and the
lower building, which was formerly an access center. Building K-
1501-H &L is a two-story building located inside of the property
protection fence. It is currently used for maintenance and support
by CROET, the site's utility operator. Building K-1008-F is also
inside of the property protection fence and consists of offices,
meeting rooms, and rest rooms.
     The K-792 switchyard complex (transferred to the
Heritage Center, LLC, a subsidiary of CROET) includes the following
land parcels and buildings: 19.91 acres of land; K-791-B, which is
used for storage and office space; Building K-796-A, which is used
as a conference room; and, the K-792 northern expansion area, which
is 5 acres of undeveloped land, and a railroad spur. The area also
contains a privately owned building (K-1310-MP), and two privately
owned trailers (K-1310-MQ and K-1310-MS).
These privately owned properties, which are not being transferred,
have never been under DOE authority.
     Parcel ED-4 is 18 acres of woodland located in Roane
County.
     Parcel ED-5 West is 26.25 acres of grassland located
within the City of Oak Ridge. Parcel ED-5 includes a concrete slab,
which was formerly a base for a sampling tower.
     Parcel ED-8 is 84 acres located within the City of Oak
Ridge. The Heritage Center, LLC, will receive 78 acres of land, and
the 6 acres of roadway on Parcel ED-8 have been transferred to the
City of Oak Ridge.

    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 two existing building
complexes and the three other parcels of land at the East Tennessee
Technology Park in Oak Ridge, Tennessee that were transferred by deed
to the City of Oak Ridge and CROET, and the Heritage Center, LLC,
respectively. In a letter from OSHA to DOE dated October 7, 2011, OSHA
stated that TOSHA is satisfied with DOE assurances that (1) there is no
likelihood that any employee at these facilities 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. According to this letter, TOSHA therefore accepted and
maintains health and safety regulatory authority over employees at
building complexes K-1000, K-1501--H  & L, K-1008--F, and K-79.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, directed the preparation of this
notice. This Federal Register notice provides public notice and serves
as an addendum to the 1992 OSHA/DOE MOU. OSHA is issuing this notice
under the authority specified by Section 8(g)(2) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 657(g)(2)) and Secretary of
Labor's Order No. 4-2010 (75 FR 55355).

    Signed at Washington, DC, on December 19, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-32857 Filed 12-22-11; 8:45 am]
BILLING CODE 4510-26-P

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