Announcement of Additional Stakeholder Meetings on Occupational Exposure to Ionizing Radiation, 15091-15093 [E7-5871]
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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules
section, and the $960,000 payment to country
X is not attributable to an arrangement
described in paragraph (e)(5)(iv) of this
section.
Example 6. Active business; no SPV. (i)
Facts. The facts are the same as in Example
5, except that instead of loaning $50 million
to D, C contributes the $50 million to E in
exchange for 10 percent of the stock of E. E
is a country Y entity that in not engaged in
the active conduct of a trade or business.
Also, for the 2015 tax year, D pays no
dividends to C, E pays $3.2 million in
dividends to C, and C makes a payment of
$960,000 to country X with respect to C’s net
income.
(ii) Result. C’s dividend income
attributable to its stock in E is passive
investment income, and C’s stock in E is held
to produce such income. C’s stock in D is not
held to produce passive investment income
because C owns at least 10 percent of D and
D derives more than 50 percent of its income
from the active conduct of its widget
business. See paragraph (e)(5)(iv)(C)(4)(ii) of
this section. As a result, less than
substantially all of C’s assets are held to
produce passive investment income.
Accordingly, C does not meet the
requirements of paragraph (e)(5)(iv)(B)(1) of
this section, and the $960,000 payment to
country X is not attributable to an
arrangement described in paragraph (e)(5)(iv)
of this section.
Example 7. Asset holding transaction. (i)
Facts. (A) A domestic corporation (USP)
contributes $6 billion of country Z debt
obligations to a country Z entity (DE) in
exchange for all of the class A and class B
stock of DE. A corporation unrelated to USP
and organized in country Z (Fcorp)
contributes $1.5 billion to DE in exchange for
all of the class C stock of DE. DE uses the
$1.5 billion contributed by Fcorp to redeem
USP’s class B stock. The class C stock is
entitled to ‘‘all’’ income from DE. However,
Fcorp is obligated immediately to contribute
back to DE all distributions on the class C
stock. USP and Fcorp enter into—
(1) A forward contract under which USP
agrees to buy after five years the class C stock
for $1.5 billion; and
(2) An agreement under which USP agrees
to pay Fcorp interest at a below-market rate
on $1.5 billion.
(B) For U.S. tax purposes, these steps
create a secured loan of $1.5 billion from
Fcorp to USP. Therefore, for U.S. tax
purposes, USP is the owner of both the class
A and class C stock. DE is a disregarded
entity for U.S. tax purposes and a corporation
for country Z tax purposes. In year 1, DE
earns $400 million of interest income on the
country Z debt obligations. DE makes a
payment to country Z of $100 million with
respect to such income and distributes the
remaining $300 million to Fcorp. Fcorp
contributes the $300 million back to DE. USP
and Fcorp are not related within the meaning
of paragraph (e)(5)(iv)(C)(6) of this section.
Country Z does not impose tax on interest
income derived by U.S. residents.
(C) Country Z treats Fcorp as the owner of
the class C stock. Pursuant to country Z tax
law, Fcorp is required to report the $400
million of income with respect to the $300
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million distribution from DE, but is allowed
to claim credits for DE’s $100 million
payment to country Z. For country Z tax
purposes, Fcorp’s contribution increases its
basis in the class C stock. When the class C
stock is later ‘‘sold’’ to USP for $1.5 billion,
the increase in tax basis will result in a
country Z tax loss for Fcorp. Each year, the
amount of the basis increase (and, thus, the
amount of the loss generated) will be
approximately $300 million.
(ii) Result. The payment to country Z is not
a compulsory payment, and thus is not an
amount of tax paid. First, DE is an SPV
because all of DE’s income is passive
investment income described in paragraph
(e)(5)(iv)(C)(4) of this section, all of DE’s
assets are held to produce such income, and
the payment to country Z is attributable to
such income. Second, if the payment were
treated as an amount of tax paid, USP would
be eligible to claim a credit for such amount
under section 901(a). Third, USP would not
pay any country Z tax if it directly owned
DE’s assets. Fourth, Fcorp is entitled to claim
a credit under country Z tax law for the
payment and will recognize a loss under
country Z law upon the ‘‘sale’’ of the class
C stock. Fifth, Fcorp and USP are not related
within the meaning of paragraph
(e)(5)(iv)(C)(6) of this section and Fcorp is
considered to own more than 10 percent of
DE under country Z law. Sixth, the United
States and country X view certain aspects of
the transaction differently and the U.S.
treatment would materially affect the amount
of credits claimed by USP if the country Z
payment were an amount of tax paid. USP’s
ownership of the class C stock for U.S. tax
purposes would make USP eligible to claim
a credit for the country Z payment if the
payment were treated as an amount of tax
paid.
*
*
*
*
*
(h) Effective date. Paragraphs (a)
through (e)(5)(ii) and paragraph (g) of
this section, § 1.901–2A, and § 1.903–1
apply to taxable years beginning after
November 14, 1983. Paragraphs
(e)(5)(iii) and (iv) of this section are
effective for foreign taxes paid or
accrued during taxable years of the
taxpayer ending on or after the date on
which these regulations are published
as final regulations in the Federal
Register.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E7–5862 Filed 3–29–07; 8:45 am]
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15091
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2007–0021]
RIN 1218–AC11
Announcement of Additional
Stakeholder Meetings on Occupational
Exposure to Ionizing Radiation
Occupational Safety and Health
Administration, Labor.
ACTION: Announcement of additional
stakeholder meetings.
AGENCY:
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 60018.
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 navas.liset@dol.gov.
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
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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules
pwalker on PROD1PC71 with PROPOSALS
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 https://
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 https://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
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 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.
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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 nonNRC 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 ‘‘acceleratorproduced 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.
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Stakeholder Meetings
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 nonmedical 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 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 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)
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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 https://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 https://
www.regulations.gov. This document, as
well as news releases and other relevant
information, also are available at
OSHA’s Web page at https://
www.osha.gov.
Authority
pwalker on PROD1PC71 with PROPOSALS
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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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 9 and 52
[FAR Case 2006–011; Docket 200-0001;
Sequence 6]
RIN 9000–AK73
Federal Acquisition Regulation; FAR
Case 2006–011, Representations and
Certifications - Tax Delinquency
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
change the provision regarding
certification regarding debarment,
suspension, proposed debarment, and
other responsibility matters, and to
make changes to the language regarding
contractor qualifications, to add
language regarding nonpayment of
taxes. This proposed rule requires
offerors to also certify whether or not
they have, within a three-year period
preceding the offer, been convicted of or
had a civil judgment rendered against
them for violating any tax law or failing
to pay any tax, or been notified of any
delinquent taxes for which the liability
remains unsatisfied. In addition, the
offeror will be required to certify
whether or not they have received a
notice of a tax lien filed against them for
which the liability remains unsatisfied
or the lien has not been released.
DATES: Interested parties should submit
written comments to the FAR
Secretariat on or before May 29, 2007 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by FAR case 2006–011 by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for any
document by first selecting the proper
document types and selecting ‘‘Federal
Acquisition Regulation’’ as the agency
of choice. At the ‘‘Keyword’’ prompt,
type in the FAR case number (for
example, FAR Case 2006–001) and click
on the ‘‘Submit’’ button. Please include
any personal and/or business
information inside the document.You
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15093
may also search for any document by
clicking on the ‘‘’’Advanced search/
document search’’ tab at the top of the
screen, selecting from the agency field
‘‘Federal Acquisition Regulation ’’, and
typing the FAR case number in the
keyword field. Select the ‘‘Submit’’
button.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR case 2006–011 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
Mr.
William Clark, Procurement Analyst, at
(202) 219–1813 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAR case 2006–011.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
A. Background
Offerors are currently required to
certify whether or not, within a threeyear period preceding an offer, they
have been convicted of or had a civil
judgment rendered against them for tax
evasion or are presently indicted for, or
otherwise criminally or civilly charged
with, the commission of tax evasion.
This proposed rule requires offerors to
also certify whether or not they have,
within a three-year period preceding the
offer, been convicted of or had a civil
judgment rendered against them for
violating any tax law or failing to pay
any tax, or been notified of any
delinquent taxes for which the liability
remains unsatisfied. The offeror also
will be required to certify whether or
not they have received a notice of a tax
lien filed against them for which the
liability remains unsatisfied or the lien
has not been released. The additional
certifications are needed to identify
prospective offerors that may have
outstanding tax obligations that may be
delinquent so that the Government can
make an informed responsibility
determination, as necessary. If an offeror
certifies that any of these conditions
exist, the contracting officer may ask the
offeror for additional information
related to the obligation to evaluate the
offeror’s ability to perform under the
contract. In accordance with FAR 1.107,
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]]>Agencies
[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Proposed Rules]
[Pages 15091-15093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5871]
=======================================================================
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2007-0021]
RIN 1218-AC11
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
60018.
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 navas.liset@dol.gov.
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
[[Page 15092]]
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
https://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 https://
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 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 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
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 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
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 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)
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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 https://
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
https://www.regulations.gov. This document, as well as news releases and
other relevant information, also are available at OSHA's Web page at
https://www.osha.gov.
Authority
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]
BILLING CODE 4510-26-P
