[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Notices]
[Pages 80408-80409]
From the Federal Register Online via the Government Publishing 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).

[[Page 80409]]

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