[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Page 5781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2562]


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DEPARTMENT OF ENERGY


Energy Employees Occupational Illness Compensation Program Act of 
2000; Revision to the List of Covered Facilities

AGENCY: Department of Energy.

ACTION: Notice of revision of listing of covered facilities.

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SUMMARY: The Department of Energy (``Department'' or ``DOE'') 
periodically publishes revisions to its list of facilities covered 
under the Energy Employees Occupational Illness Compensation Program 
Act of 2000, as amended (``EEOICPA'' or ``Act''). This notice amends 
the list of covered facilities by removing the designation of the 
Monsanto Chemical Company in Dayton, Ohio, and the United Lead Company 
of New Jersey as atomic weapons employer (AWE) facilities.

ADDRESSES: The Department welcomes comments on this notice. Comments 
should be addressed to: Patricia R. Worthington, Ph.D., Director, 
Office of Health and Safety (HS-10),
    U.S. Department of Energy, 1000 Independence Avenue SW., 
Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Patricia R. Worthington, Ph.D., 
Director, Office of Health and Safety (HS-10), (301) 903-5926.

SUPPLEMENTARY INFORMATION: This notice amends the list of covered 
facilities by removing the designation of the Monsanto Chemical Company 
in Dayton, Ohio, and the United Lead Company of New Jersey as atomic 
weapons employer (AWE) facilities. Previous lists of revisions were 
published by DOE on May 26, 2011 (76 Federal Register (FR) 102); June 
30, 2010 (75 FR 125), as amended August 3, 2010 (75 FR 148); April 9, 
2009 (74 FR 67); June 28, 2007 (72 FR 124); November 30, 2005 (70 FR 
229); August 23, 2004 (69 FR 162); July 21, 2003 (68 FR 139); December 
27, 2002 (67 FR 249); June 11, 2001 (66 FR 112); and January 17, 2001 
(66 FR 11).

Purpose

    EEOICPA establishes a program to provide compensation to certain 
employees who develop illnesses as a result of their employment with 
AWEs, DOE and its predecessor Agencies, certain of its contractors and 
subcontractors, and listed beryllium vendors. Section 3621(4) of the 
Act (codified at 42 U.S.C. 7384l(4)) defines an AWE as ``an entity, 
other than the United States, that--(A) processed or produced, for use 
by the United States, material that emitted radiation and was used in 
the production of an atomic weapon, excluding uranium mining and 
milling; and (B) is designated by the Secretary of Energy as an [AWE] 
for purposes of the compensation program.'' Section 3621(5) defines an 
AWE facility as ``a facility, owned by an [AWE], that is or was used to 
process or produce, for use by the United States, material that emitted 
radiation and was used in the production of an atomic weapon, excluding 
uranium mining or milling.''
    It has recently come to the attention of the Department that the 
listing for the United Lead Company in Middlesex, New Jersey, was 
duplicative of the listing of the Middlesex Sampling Plant--a DOE 
facility in New Jersey for which United Lead Company was the operator. 
A second facility operated by the Monsanto Chemical Company in Dayton, 
Ohio, was mistakenly identified as an AWE facility. Records related to 
the Monsanto facility indicate that Monsanto provided construction and 
management and operations services at the Dayton facility during the 
period identified on the facility list pursuant to contracts with DOE 
and, therefore, it should not be designated as an AWE facility.
    This notice formally makes the changes to the listing of covered 
facilities as indicated below:
     Removes the United Lead Company in Middlesex, New Jersey, 
as an AWE facility under EEOICPA because it was duplicative of the 
listing of the Middlesex Sampling Plant--a DOE facility in New Jersey 
for which the United Lead Company was the operator.
     The Monsanto Chemical Company facility in Dayton, Ohio, is 
no longer designated as an AWE facility. This change has no effect on 
any determination by the Department of Labor regarding the status of 
the site.

    Issued in Washington, DC, on January 25, 2012.
Glenn S. Podonsky,
Chief Health, Safety and Security Officer, Office of Health, Safety and 
Security.
[FR Doc. 2012-2562 Filed 2-3-12; 8:45 am]
BILLING CODE 6450-01-P