[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Proposed Rules]
[Pages 9716-9718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3689]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2007-0021]
RIN 1218-AC16


Announcement of Stakeholder Meetings on Occupational Exposure to 
Ionizing Radiation

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Announcement of stakeholder meetings.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) 
invites interested parties to participate in 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.-4:30 p.m., March 16, 2007, Washington, DC.
    2. 8:30 a.m.-4:30 p.m., March 26, 2007, Orlando, FL.
    Notice of intention to attend a stakeholder meeting: You must 
submit a notice of intention to attend the Washington, DC, or Orlando, 
FL, stakeholder meeting by March 9, 2007.

ADDRESSES: Stakeholder meetings: The stakeholder meeting locations are:
    1. Frances Perkins Building, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210.
    2. For the location of the Orlando, FL, stakeholder meeting, 
contact Liset Navas at (202) 693-1950.
    Notices of intention to attend a stakeholder meeting: You may 
submit your notice of intention to attend a stakeholder meeting by any 
of the following methods:
    Electronic: OSHA encourages you to submit your notice of intention 
to attend to [email protected].
    Facsimile: You may fax your notice of intention to attend to (202) 
693-1678.
    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 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.

SUPPLEMENTARY INFORMATION:

Background

    The use of ionizing radiation has increased significantly in recent 
years. Today, ionizing radiation is used in a

[[Page 9717]]

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 treatment plants.
    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 to 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 Act (29 U.S.C. 
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 Occupational Safety and 
Health Act of 1970 (the 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 
radiation exposure.)
    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.

Stakeholder Meetings

    OSHA intends to hold four stakeholder meetings on Occupational 
Exposure to Ionizing Radiation, two of which the Agency is announcing 
in this notice. OSHA will publish a Federal Register notice announcing 
the other two stakeholder meetings when meeting arrangements are 
finalized. The first stakeholder meeting, to be held in Washington, DC, 
will cover the uses of ionizing radiation in the healing arts, 
including medicine, dentistry, chiropractor services and veterinary 
medicine. The second stakeholder meeting, to be held in Orlando, FL, in 
conjunction with the Annual Research Symposium of the American Society 
for Nondestructive Testing, will cover nondestructive testing. The 
other two stakeholder meetings will cover non-medical use of 
accelerators and the use of ionizing radiation in security operations. 
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 
operations:
     Uses of ionizing radiation;
     Available exposure data;
     Controls utilized to minimize exposure; and
     Training.

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 
testimony.

Public Participation--Submission of Notices of Intention To Attend and 
Access to Docket

    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; 
and
     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

[[Page 9718]]

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 
http://www.osha.gov.

Authority

    This notice was prepared under the direction of Edwin G. Foulke, 
Jr., Assistant Secretary 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 27th day of February, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
[FR Doc. E7-3689 Filed 3-2-07; 8:45 am]
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