Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl: Announcement of Stakeholder Meeting, 54619-54621 [E7-19087]
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Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules
Correction to notice of proposed
rulemaking.
ACTION:
SUMMARY: This document contains
corrections to proposed regulations that
amend existing regulations issued under
sections 6104 and 6110. These
regulations clarify rules relating to
information that is made available by
the IRS for public inspection under
section 6104(a) and materials that are
made publicly available under section
6110.
FOR FURTHER INFORMATION CONTACT:
Mary Ellen Keys, (202) 622–4570 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The notice of proposed rulemaking
(REG–116215–07) that is the subject of
these corrections are under sections
6110 and 6104(a) of the Internal
Revenue Code.
rmajette on PROD1PC64 with PROPOSALS
Need for Correction
As published, this notice of proposed
rulemaking (REG–116215–07) contains
errors that may prove to be misleading
and are in need of clarification.
Correction of Publication
Accordingly, the notice of proposed
rulemaking (REG–116215–07) that was
the subject of FR. Doc. E7–15952 is
corrected as follows:
1. On page 45394, column 2, in the
preamble, under the caption heading
‘‘SUMMARY:’’, line 11 from the bottom of
the paragraph, the language ‘‘denied or
revoked an organization’s tax’’ is
corrected to read ‘‘denied or revoked an
organization’s tax-’’.
2. On page 45394, column 2, in the
preamble, under the caption heading
‘‘ADDRESSES:’’, line 2 from the bottom of
the column, the language ‘‘NW.,
Washington, DC, or sent’’ is corrected to
read ‘‘NW., Washington, DC 20224, or
sent’’.
3. On page 45394, column 3, in the
preamble, under the paragraph heading
‘‘Background’’, paragraph 2, line 7, the
language ‘‘tax exempt status from the
public’’ is corrected to read ‘‘tax-exempt
status from the public’’.
4. On page 45395, column 1, in the
preamble, line 7 from the bottom of the
first paragraph of the column, the
language ‘‘public. See AOD 2004–02,
2004–29 IRB is corrected to read ‘‘See
AOD 2004–2, 2004–29 I.R.B.’’.
5. On page 45395, column 1, in the
preamble, under the paragraph heading
‘‘Explanation of Provisions’’, line 4 from
the bottom of paragraph 1, the language
‘‘sections 509(a), 4942(j)(3), or 4943(f), is
corrected to read ‘‘section 509(a),
4942(j)(3), or 4943(f),’’.
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15:45 Sep 25, 2007
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6. On page 45395, column 2, in the
preamble, under the paragraph heading
‘‘Other Changes to the Existing
Regulations’’, paragraph 6, line 3, the
language ‘‘disclose, in response to or
anticipation’’ is corrected to read ‘‘in
response to or in anticipation’’.
7. On page 45395, column 2, in the
preamble, under the paragraph heading
‘‘Other Changes to the Existing
Regulations’’, paragraph 7, line 5 from
the bottom of the column, the language
‘‘organizations whose tax exempt
status’’ is corrected to read
‘‘organizations whose tax-exempt
status’’.
§ 301.6104(a)–1
[Corrected]
8. On page 45396, column 2,
§ 301.6104(a)–1(c)(4), line 4, the
language ‘‘organization described in
sections’’ is corrected to read
‘‘organization described in section’’.
9. On page 45396, column 3,
§ 301.6104(a)–1(c)(2), line 4 from the
bottom of the paragraph, the language
‘‘Procedure 2007–52, 2007–30 IRB 222,
is corrected to read ‘‘Procedure 2007–
52, 2007–30 I.R.B. 222,’’.
10. On page 45396, column 3,
§ 301.6104(a)–1(e)(3), line 4 from the
bottom of the paragraph, the language
‘‘Procedure 80–27, 1980–1CB 677, and’’
is corrected to read ‘‘Procedure 80–27,
1980–1 C.B. 677, and’’.
La Nita Van Dyke,
Branch Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. E7–18990 Filed 9–25–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
Occupational Exposure to Diacetyl and
Food Flavorings Containing Diacetyl:
Announcement of Stakeholder Meeting
Occupational Safety and Health
Administration, Labor.
ACTION: Announcement of stakeholder
meeting.
AGENCY:
SUMMARY: The Occupational Safety and
Health Administration (OSHA) invites
interested parties to participate in or
observe an informal stakeholder meeting
on Occupational Exposure to Diacetyl
and Food Flavorings Containing
Diacetyl. This meeting is a continuation
of OSHA’s information collection efforts
PO 00000
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54619
on Diacetyl and Food Flavorings
Containing Diacetyl.
DATES: Stakeholder meeting: The
stakeholder meeting date is October 17,
2007, from 8:30 a.m.–4:30 p.m.
If more than 50 stakeholders register
for the stakeholder meeting on October
17, 2007, a second meeting will be
scheduled for October 18, 2007, from
8:30 a.m. to 4:30 p.m. If the second
meeting is needed on October 18, it will
follow the same format and
requirements as the first meeting and
will be held at the same location.
OSHA’s Contractor, Eastern Research
Group (ERG), will communicate with
stakeholders by telephone or e-mail if a
second meeting is scheduled.
Notice of intention to attend the
stakeholder meeting: You must submit a
notice of intention to attend (i.e., to
participate or observe) the stakeholder
meeting by October 10, 2007.
ADDRESSES: Stakeholder meeting: The
location for the stakeholder meeting is:
Crown Plaza Hotel Washington National
Airport, 1480 Crystal Drive, Arlington,
Virginia 22202.
Notices of intention to attend the
stakeholder meeting: OSHA’s
contractor, ERG, is coordinating the
registration, hotel arrangements, and
logistics for the meeting. Seating is
limited and pre-registration is required.
Please include in your notice of
intention to attend (i.e., to participate or
observe) your full name, affiliation,
address, telephone, and e-mail address.
You may submit your notice of
intention to attend the stakeholder
meeting by October 10, 2007 by any of
the following methods:
Electronic: OSHA encourages you to
submit your notice of intention to attend
to meetings@erg.com (subject line:
Diacetyl Meeting).
Facsimile: You may fax your notice of
intention to attend to 781–674–2906.
Telephone: You may register by
phone by calling Eastern Research
Group, Inc. at 781–674–7374.
Regular mail, express delivery, hand
delivery, messenger and courier service:
Submit your notice of intention to
attend to Laurie Stamatatos, Eastern
Research Group, Inc., 110 Hartwell
Avenue, Lexington, MA 02421–3136.
Instructions: For further information
on the stakeholder meeting and
submitting notices of intention to attend
(i.e., to participate or observe) the
stakeholder meeting, see the ‘‘Public
Participation’’ heading in the
SUPPLEMENTARY INFORMATION section of
this notice.
This document, non-attributed notes
from the stakeholder meeting, as well as
news releases and other relevant
E:\FR\FM\26SEP1.SGM
26SEP1
54620
Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules
rmajette on PROD1PC64 with PROPOSALS
information, will also be available on
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
On July 26, 2006, the United Food
and Commercial Workers International
Union (UFCW) and the International
Brotherhood of Teamsters (IBT)
petitioned DOL for an Emergency
Temporary Standard (ETS) for all
employees exposed to diacetyl, a major
component in artificial butter flavoring.
The petitioners cited evidence from the
National Institute for Occupational
Safety and Health’s (NIOSH) Health
Hazard Evaluations (HHE) showing that
some employees exposed to butter
flavorings developed bronchiolitis
obliterans, a debilitating and potentially
fatal disease of the small airways in the
lung. The petitioners also cited
experimental evidence showing that
inhalation exposure to artificial butter
flavoring vapors and diacetyl damaged
tissue lining the nose and airways of
rats and mice. Diacetyl and a number of
other volatile organic compounds are
used to manufacture artificial butter
food flavorings. These food flavorings
are used by various food manufacturers
in a multitude of food products
including microwave popcorn, certain
bakery goods, and some snack foods.
Most of the available evidence
regarding the development of
bronchiolitis obliterans among
employees exposed to food flavorings
containing diacetyl comes from
investigations of the microwave
popcorn production industry.
Bronchiolitis obliterans was first
reported in eight former employees of
the same microwave popcorn plant.
Subsequent HHEs conducted by NIOSH
from 2000–2004 at this and other
microwave popcorn facilities uncovered
additional employees with fixed airway
obstruction disease consistent with
bronchiolitis obliterans. Employees who
routinely poured butter flavoring into
heated, open mixing tanks without
respiratory protection or operated
packaging equipment in the vicinity of
the mixing tanks experienced higher
than expected rates of certain
respiratory symptoms (e.g., chronic
cough, shortness of breath upon
exertion, wheezing) and airways
obstruction. These employees tended to
VerDate Aug<31>2005
15:45 Sep 25, 2007
Jkt 211001
have the highest exposures to butter
flavoring vapors containing diacetyl in
the plants. OSHA is not aware of any
new cases of serious airways disease
consistent with bronchiolitis obliterans
among microwave popcorn
manufacturing employees since 2003.
Obstructive airway disease
compatible with bronchiolitis obliterans
has been recognized in other related
work settings. There have been at least
fifteen cases of this disease identified in
the food flavor manufacturing industry.
Job history information indicates that
the injured employees blended and
mixed powder and/or liquid flavorings,
including artificial butter flavorings
containing diacetyl. Available exposure
monitoring shows that air levels of
diacetyl and other butter flavoring
chemicals during powdered flavoring
production were similar to those
measured in the mixing areas of
microwave popcorn plants where
elevated airways disease was found.
Efforts are underway to better
understand the extent of flavoringrelated airways disease in this industry
and the exposure levels during high-risk
job operations.
Three cases of severe airways
obstruction consistent with
bronchiolitis obliterans were identified
among a group of 102 production
process operators who worked at a
diacetyl production plant in the
Netherlands. Although exposure
monitoring at the plant was limited, the
available data indicate that diacetyl air
levels during certain production tasks
were in the range found during mixing
operations in microwave popcorn and
diacetyl-containing food flavor
manufacture. The injured employees are
also known to have been exposed to the
butter flavoring compounds, acetoin and
acetaldehyde, in addition to diacetyl.
There is little information available
on the use of food flavorings containing
diacetyl in other workplaces. There are
likely to be thousands of worksites
where such flavorings are used and
OSHA is seeking information on the
nature of the flavoring formulations
used, the processes in which they are
used, the extent there is employee
exposure, and the use and effectiveness
of control measures. It is likely that at
least some, if not many, of these
workplaces may be using food
flavorings in a fashion similar to that
seen in microwave popcorn
manufacturing. The available evidence
for disease in this industry is sparse.
Stakeholder Meeting
The stakeholder meeting will be an
opportunity for informal discussion and
the exchange of data, ideas, and points
PO 00000
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Fmt 4702
Sfmt 4702
of view. To make the stakeholder
meeting as productive as possible,
OSHA requests that interested parties
attending the stakeholder meeting be
prepared to discuss the following issues
relating to occupational exposure to
diacetyl and food flavorings containing
diacetyl in their respective industries,
occupations, or operations:
• Uses of diacetyl and food flavorings
containing diacetyl;
• Approaches to exposure
assessment;
• Available exposure data;
• Controls (including substitutes)
utilized to minimize exposure to
diacetyl and food flavorings containing
diacetyl; and
• Medical screening and surveillance.
The stakeholder meeting will begin
with OSHA’s presentation on Agency
perspectives related to occupational
exposure to diacetyl and food flavorings
containing diacetyl followed by
stakeholder questions. OSHA will
devote the remainder of the meeting to
informal discussions on the topics
above and related issues. Meeting
participants are not expected to prepare
and present formal testimony.
Public Participation—Submission of
Notices of Intention To Attend
You must submit, by October 10,
2007, a notice of intention to attend if
you wish to participate in or observe the
stakeholder meeting. You may submit
your notice of intention to attend the
stakeholder meeting (1) Electronically,
(2) by facsimile, (3) by telephone, or (4)
by hard copy.
Notices of intention to attend the
stakeholder meeting must include the
following information:
• Name and contact information;
• Affiliation (e.g., organization,
association), if any;
• 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.
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 and Signature
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. 5–2007 (72 FR
31160).
E:\FR\FM\26SEP1.SGM
26SEP1
Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Proposed Rules
Signed at Washington, DC, on this 21st day
of September, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E7–19087 Filed 9–25–07; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 10
[REG–138637–07]
RIN 1545–BH01
Regulations Governing Practice Before
the Internal Revenue Service
Office of the Secretary,
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
rmajette on PROD1PC64 with PROPOSALS
SUMMARY: This document contains
proposed modifications of the
regulations governing practice before
the IRS (Circular 230). These proposed
regulations affect individuals who
practice before the IRS. The proposed
amendments modify § 10.34 of Circular
230 relating to standards with respect to
tax returns.
DATES: Written or electronic comments
and requests for a public hearing must
be received by October 26, 2007.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–138637–07), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to: CC:PA:LPD:PR (REG–138637–07),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS REG–138637–
07).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Matthew S. Cooper at (202) 622–4940;
concerning submissions of comments
and request for a public hearing, Kelly
Banks of the Publications and
Regulation Branch at (202) 622–7180
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
This document contains proposed
amendments to § 10.34 of Circular 230.
Section 330 of title 31 of the United
States Code authorizes the Secretary of
VerDate Aug<31>2005
15:45 Sep 25, 2007
Jkt 211001
the Treasury to regulate the practice of
representatives before the Treasury
Department. Pursuant to section 330 of
title 31, the Secretary has published the
regulations in Circular 230 (31 CFR part
10).
On May 25, 2007, the President
signed into law the Small Business and
Work Opportunity Tax Act of 2007,
Public Law 110–28 (121 Stat. 190),
which amended several provisions of
the Internal Revenue Code to extend the
application of the income tax return
preparer penalties to all tax return
preparers, alter the standards of conduct
that must be met to avoid imposition of
the penalties for preparing a return that
reflects an understatement of liability,
and increase applicable penalties. On
June 11, 2007, the IRS released Notice
2007–54, 2007–27 IRB 1 (see
§ 601.601(d)(2)(ii)(b)), providing
guidance and transitional relief for the
return preparer provisions under section
6694 of the Internal Revenue Code, as
recently amended.
Final regulations are, simultaneously
to these proposed regulations, being
promulgated on September 26, 2007
modifying the general standards of
practice before the IRS under Circular
230. Those final regulations finalize the
standards with respect to documents,
affidavits and other papers as proposed,
with modifications. Those final
regulations, however, do not finalize the
standards with respect to tax returns
under § 10.34(a) and the definitions
under § 10.34(e) because of the
amendments made by the Small
Business and Work Opportunity Tax
Act of 2007. Rather, the Treasury
Department and the IRS are reserving
§ 10.34(a) and (e) in those final
regulations and are simultaneously
issuing this notice of proposed
rulemaking proposing to amend this
part to reflect these recent amendments
to the Code.
The Treasury Department and the IRS
have determined that the professional
standards under § 10.34 of Circular 230
should conform with the civil penalty
standards for return preparers.
Previously, for example, on June 20,
1994 (59 FR 31523), the regulations
were modified to reflect more closely
the rules under section 6694 and
professional guidelines. The standards
with respect to tax returns in § 10.34(a)
of these proposed regulations have been
amended to reflect changes to section
6694(a) of the Internal Revenue Code
made by the Small Business and Work
Opportunity Tax Act of 2007.
Under § 10.34(a) of these proposed
regulations, a practitioner may not sign
a tax return as a preparer unless the
practitioner has a reasonable belief that
PO 00000
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Fmt 4702
Sfmt 4702
54621
the tax treatment of each position on the
return would more likely than not be
sustained on its merits, or there is a
reasonable basis for each position and
each position is adequately disclosed to
the Internal Revenue Service. A
practitioner may not advise a client to
take a position on a tax return, or
prepare the portion of a tax return on
which a position is taken, unless: (1)
The practitioner has a reasonable belief
that the position satisfies the more
likely than not standard; or (2) the
position has a reasonable basis and is
adequately disclosed to the Internal
Revenue Service. The definitions of
‘‘more likely than not’’ and ‘‘reasonable
basis’’ under § 10.34(e) also are
proposed to be amended to reflect these
changes in accordance with the wellestablished definitions of these terms
under the section 6662 penalty
regulations.
On June 11, 2007, the IRS released
Notice 2007–54, 2007–27 IRB 1 (see
§ 601.601(d)(2)(ii)(b)), providing
guidance and transitional relief for the
return preparer provisions under section
6694 of the Code, as recently amended.
In order to apply § 10.34 of these
regulations consistently with the
transitional relief under Notice 2007–54,
§ 10.34(a) and (e) are proposed to apply
to returns filed or advice provided on or
after the date that final regulations are
published in the Federal Register, but
no earlier than January 1, 2008.
Proposed Effective Date
These regulations are proposed to
apply to returns filed or advice provided
on or after the date that final regulations
are published in the Federal Register,
but no earlier than January 1, 2008.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required.
It is hereby certified, under the
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), that these
regulations will not have a significant
economic impact on a substantial
number of small entities. Persons
authorized to practice have long been
required to comply with certain
standards of conduct when practicing
before the Internal Revenue Service. The
general requirements of these
regulations are substantially the same as
the recent Congressional amendments to
section 6694 of the Code by the Small
Business and Work Opportunity Act of
2007. Practitioners already enroll in
educational seminars or training
programs to keep up to date with the
E:\FR\FM\26SEP1.SGM
26SEP1
]]>Agencies
[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Proposed Rules]
[Pages 54619-54621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19087]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
Occupational Exposure to Diacetyl and Food Flavorings Containing
Diacetyl: Announcement of Stakeholder Meeting
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Announcement of stakeholder meeting.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Administration (OSHA)
invites interested parties to participate in or observe an informal
stakeholder meeting on Occupational Exposure to Diacetyl and Food
Flavorings Containing Diacetyl. This meeting is a continuation of
OSHA's information collection efforts on Diacetyl and Food Flavorings
Containing Diacetyl.
DATES: Stakeholder meeting: The stakeholder meeting date is October 17,
2007, from 8:30 a.m.-4:30 p.m.
If more than 50 stakeholders register for the stakeholder meeting
on October 17, 2007, a second meeting will be scheduled for October 18,
2007, from 8:30 a.m. to 4:30 p.m. If the second meeting is needed on
October 18, it will follow the same format and requirements as the
first meeting and will be held at the same location. OSHA's Contractor,
Eastern Research Group (ERG), will communicate with stakeholders by
telephone or e-mail if a second meeting is scheduled.
Notice of intention to attend the stakeholder meeting: You must
submit a notice of intention to attend (i.e., to participate or
observe) the stakeholder meeting by October 10, 2007.
ADDRESSES: Stakeholder meeting: The location for the stakeholder
meeting is: Crown Plaza Hotel Washington National Airport, 1480 Crystal
Drive, Arlington, Virginia 22202.
Notices of intention to attend the stakeholder meeting: OSHA's
contractor, ERG, is coordinating the registration, hotel arrangements,
and logistics for the meeting. Seating is limited and pre-registration
is required. Please include in your notice of intention to attend
(i.e., to participate or observe) your full name, affiliation, address,
telephone, and e-mail address. You may submit your notice of intention
to attend the stakeholder meeting by October 10, 2007 by any of the
following methods:
Electronic: OSHA encourages you to submit your notice of intention
to attend to meetings@erg.com (subject line: Diacetyl Meeting).
Facsimile: You may fax your notice of intention to attend to 781-
674-2906.
Telephone: You may register by phone by calling Eastern Research
Group, Inc. at 781-674-7374.
Regular mail, express delivery, hand delivery, messenger and
courier service: Submit your notice of intention to attend to Laurie
Stamatatos, Eastern Research Group, Inc., 110 Hartwell Avenue,
Lexington, MA 02421-3136.
Instructions: For further information on the stakeholder meeting
and submitting notices of intention to attend (i.e., to participate or
observe) the stakeholder meeting, see the ``Public Participation''
heading in the SUPPLEMENTARY INFORMATION section of this notice.
This document, non-attributed notes from the stakeholder meeting,
as well as news releases and other relevant
[[Page 54620]]
information, will also be available on 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
On July 26, 2006, the United Food and Commercial Workers
International Union (UFCW) and the International Brotherhood of
Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard
(ETS) for all employees exposed to diacetyl, a major component in
artificial butter flavoring. The petitioners cited evidence from the
National Institute for Occupational Safety and Health's (NIOSH) Health
Hazard Evaluations (HHE) showing that some employees exposed to butter
flavorings developed bronchiolitis obliterans, a debilitating and
potentially fatal disease of the small airways in the lung. The
petitioners also cited experimental evidence showing that inhalation
exposure to artificial butter flavoring vapors and diacetyl damaged
tissue lining the nose and airways of rats and mice. Diacetyl and a
number of other volatile organic compounds are used to manufacture
artificial butter food flavorings. These food flavorings are used by
various food manufacturers in a multitude of food products including
microwave popcorn, certain bakery goods, and some snack foods.
Most of the available evidence regarding the development of
bronchiolitis obliterans among employees exposed to food flavorings
containing diacetyl comes from investigations of the microwave popcorn
production industry. Bronchiolitis obliterans was first reported in
eight former employees of the same microwave popcorn plant. Subsequent
HHEs conducted by NIOSH from 2000-2004 at this and other microwave
popcorn facilities uncovered additional employees with fixed airway
obstruction disease consistent with bronchiolitis obliterans. Employees
who routinely poured butter flavoring into heated, open mixing tanks
without respiratory protection or operated packaging equipment in the
vicinity of the mixing tanks experienced higher than expected rates of
certain respiratory symptoms (e.g., chronic cough, shortness of breath
upon exertion, wheezing) and airways obstruction. These employees
tended to have the highest exposures to butter flavoring vapors
containing diacetyl in the plants. OSHA is not aware of any new cases
of serious airways disease consistent with bronchiolitis obliterans
among microwave popcorn manufacturing employees since 2003.
Obstructive airway disease compatible with bronchiolitis obliterans
has been recognized in other related work settings. There have been at
least fifteen cases of this disease identified in the food flavor
manufacturing industry. Job history information indicates that the
injured employees blended and mixed powder and/or liquid flavorings,
including artificial butter flavorings containing diacetyl. Available
exposure monitoring shows that air levels of diacetyl and other butter
flavoring chemicals during powdered flavoring production were similar
to those measured in the mixing areas of microwave popcorn plants where
elevated airways disease was found. Efforts are underway to better
understand the extent of flavoring-related airways disease in this
industry and the exposure levels during high-risk job operations.
Three cases of severe airways obstruction consistent with
bronchiolitis obliterans were identified among a group of 102
production process operators who worked at a diacetyl production plant
in the Netherlands. Although exposure monitoring at the plant was
limited, the available data indicate that diacetyl air levels during
certain production tasks were in the range found during mixing
operations in microwave popcorn and diacetyl-containing food flavor
manufacture. The injured employees are also known to have been exposed
to the butter flavoring compounds, acetoin and acetaldehyde, in
addition to diacetyl.
There is little information available on the use of food flavorings
containing diacetyl in other workplaces. There are likely to be
thousands of worksites where such flavorings are used and OSHA is
seeking information on the nature of the flavoring formulations used,
the processes in which they are used, the extent there is employee
exposure, and the use and effectiveness of control measures. It is
likely that at least some, if not many, of these workplaces may be
using food flavorings in a fashion similar to that seen in microwave
popcorn manufacturing. The available evidence for disease in this
industry is sparse.
Stakeholder Meeting
The stakeholder meeting will be an opportunity for informal
discussion and the exchange of data, ideas, and points of view. To make
the stakeholder meeting as productive as possible, OSHA requests that
interested parties attending the stakeholder meeting be prepared to
discuss the following issues relating to occupational exposure to
diacetyl and food flavorings containing diacetyl in their respective
industries, occupations, or operations:
Uses of diacetyl and food flavorings containing diacetyl;
Approaches to exposure assessment;
Available exposure data;
Controls (including substitutes) utilized to minimize
exposure to diacetyl and food flavorings containing diacetyl; and
Medical screening and surveillance.
The stakeholder meeting will begin with OSHA's presentation on
Agency perspectives related to occupational exposure to diacetyl and
food flavorings containing diacetyl followed by stakeholder questions.
OSHA will devote the remainder of the meeting to informal discussions
on the topics above and related issues. Meeting participants are not
expected to prepare and present formal testimony.
Public Participation--Submission of Notices of Intention To Attend
You must submit, by October 10, 2007, a notice of intention to
attend if you wish to participate in or observe the stakeholder
meeting. You may submit your notice of intention to attend the
stakeholder meeting (1) Electronically, (2) by facsimile, (3) by
telephone, or (4) by hard copy.
Notices of intention to attend the stakeholder meeting must include
the following information:
Name and contact information;
Affiliation (e.g., organization, association), if any;
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.
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 and Signature
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. 5-2007 (72 FR 31160).
[[Page 54621]]
Signed at Washington, DC, on this 21st day of September, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-19087 Filed 9-25-07; 8:45 am]
BILLING CODE 4510-26-P
