Addenda to the Memorandum of Understanding: To Formalize the Working Relationship Between the Department of Energy and the Department of Labor, 120-121 [E8-31135]
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120
Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Notices
Written Submissions: The
Commission does not plan to hold a
public hearing in the course of this
investigation. Interested parties are,
however, invited to submit written
statements containing information and
their views. All such statements should
be addressed to the Secretary and
should be received not later than 5:15
p.m., April 30, 2009. All statements
must conform with the provisions of
section 201.8 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.8), which requires that a signed
original (or a copy designated as an
original) and fourteen (14) copies of
each document be filed. In the event
that confidential treatment of the
document is requested, at least four (4)
additional copies must be filed, in
which the confidential information
must be deleted (see the following
paragraph for further information
regarding confidential business
information). The Commission’s rules
do not authorize filing submissions with
the Secretary by facsimile or electronic
means, except to the extent permitted by
section 201.8 of the rules (see Handbook
for Electronic Filing Procedures, https://
www.usitc.gov/secretary/
fed_reg_notices/rules/documents/
handbook_on_electronic_filing.pdf);
persons with questions regarding
electronic filing should contact the
Office of the Secretary at 202–205–2000.
Any submission that contains
confidential business information must
also conform with the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information be clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available in the Office of the
Secretary for inspection by interested
parties.
The Commission anticipates that the
report it sends to the committees in this
investigation will be made available to
the public in its entirety. Consequently,
the report that the Commission sends to
the committees will not contain any
confidential business information. Any
confidential business information
received by the Commission in this
investigation and used in preparing its
report will not be published in a manner
that would reveal the operations of the
firm supplying the information.
Issued: December 29, 2008.
VerDate Aug<31>2005
16:23 Dec 31, 2008
Jkt 217001
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–31228 Filed 12–31–08; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2008–0043]
Addenda to the Memorandum of
Understanding: To Formalize the
Working Relationship Between the
Department of Energy and the
Department of Labor
AGENCY: The Department of Labor;
Occupational Safety and Health
Administration (OSHA).
ACTION: Addenda to Memorandum of
Understanding between the Department
of Labor and the Department of Energy:
(1) the construction of the Theory and
Computing Sciences (TCS) building at
the Argonne National Laboratory in
Illinois; transfer of employee safety and
health authority from the Department of
Energy (DOE) to the Occupational Safety
and Heath Administration (OSHA); (2)
the operations of six existing buildings
and support facilities at the East
Tennessee Technology Park in Oak
Ridge, Tennessee; transfer of employee
safety and health authority from DOE to
the Tennessee Occupational Safety and
Health Administration.
SUMMARY: This document is a notice of
addenda to the August 28, 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 ContractorOperated 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 DOE land leased to
private enterprises. This action is taken
in accordance with the MOU of July 25,
2000, 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
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
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 https://
www.osha.gov under the ‘‘D’’ for
Department of Energy Transition
Activities.
DATES: The effective date for the
publication of this notice January 2,
2009.
FOR FURTHER INFORMATION: Contact Ms.
MaryAnn Garrahan, Office of Technical
Programs and Coordination Activities,
Room N–3655, OSHA, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210. Telephone
(202) 693–2110; fax (202–693–1644).
Access electronic copies of this notice at
OSHA’s Web site, https://www.osha.gov,
by selecting Federal Register, ‘‘Date of
Publication,’’ and then ‘‘2008.’’
SUPPLEMENTARY INFORMATION: The U.S.
Department of Energy (DOE) and the
Occupational Safety and Health
Administration (OSHA) of the U.S.
Department of Labor (DOL) entered into
a Memorandum of Understanding
(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 memorandum of
understanding 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 Occupational
Safety and Health 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 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
Occupational Safety and Health 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 Memorandum of
Understanding on July 25, 2000; that
establishes interagency procedures to
address regulatory authority for
E:\FR\FM\02JAN1.SGM
02JAN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Notices
occupational safety and health at
specified privatized facilities and
operations on DOE sites. The 2000
Memorandum of Understanding
specifically covers facilities and
operations on lands that have been
leased to private enterprises, 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 February 27, 2007,
DOE requested that OSHA accept
occupational safety and health
regulatory authority at two locations
pursuant to the MOU on Safety and
Health Enforcement at Privatized
Facilities and Operations, dated July 25,
2000. The request was for OSHA to
accept regulatory oversight for the
construction phase of the Theory and
Computing Sciences (TCS) building at
the Argonne National Laboratory in
Illinois, as well as the transfer of
oversight for six existing buildings and
support facilities at the East Tennessee
Technology Park (ETTP) in Oak Ridge,
Tennessee.
OSHA’s Regional Office in Chicago,
IL, working with OSHA’s Aurora Area
Office, determined that OSHA should
accept authority for the construction
phase of the Theory and Computing
Sciences (TCS) building at the Argonne
National Laboratory in Illinois. The
Aurora Area Office has been in contact
with the DOE, as well as with the
general contractor, regarding the
construction phase of the project. These
offices are satisfied with DOE
assurances that (1) this facility is
operationally independent of DOE
activities during the construction phase,
(2) there is no likelihood that any
employee exposure to radiation will be
25 millirems per year (mrem /yr) or
more, and (3) the transfer of authority to
OSHA is free from regulatory gaps, and
does not diminish the safety and health
protection of the employees. OSHA,
therefore, accepted health and safety
regulatory authority for the construction
phase of the TCS building. When
construction of the TCS is complete,
DOE will contact OSHA to inform it of
the type of work to be performed at the
completed TCS.
OSHA’s Regional Office in Atlanta,
GA, working with the OSHA Nashville
Area Office, and the Tennessee
Occupational Safety and Health
Administration (TOSHA), determined
that TOSHA is willing to accept
authority for the six existing buildings
and support facilities at the East
Tennessee Technology Park in Oak
Ridge, Tennessee that were transferred
VerDate Aug<31>2005
16:23 Dec 31, 2008
Jkt 217001
by deed to the Community Reuse
Organization of East Tennessee
(CROET). 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. Therefore,
TOSHA accepted and maintains health
and safety regulatory authority over
buildings K–1007, K–1225, K–1330, K–
1400, K–1580, K–1007A, and K–1036.
Accordingly, after reviewing pertinent
information, OSHA and TOSHA, in a
letter to DOE dated December 18, 2007,
agreed to accept regulatory authority for
occupational safety and health over
these sites.
This Federal Register notice provides
public notice and serves as an
addendum to the 1992 OSHA/DOE
MOU. This document was prepared
under the direction of Thomas M.
Stohler, Acting Assistant Secretary of
Labor for Occupational Safety and
Health, 200 Constitution Avenue, NW.,
Washington, DC 20210. This action is
taken pursuant to section 8(g) of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 657(g)) and Secretary of
Labor’s Order No. 5–2007 (72 FR
31159).
121
AGENCY: Millennium Challenge
Corporation.
ACTION: Notice.
and poverty reduction, and are in
furtherance of the Act. The Act requires
the Millennium Challenge Corporation
(‘‘MCC’’) to take steps to determine the
countries that, based on their
demonstrated commitment to just and
democratic governance, economic
freedom, and investing in their people,
as well as the opportunity to reduce
poverty and generate economic growth
in the country, will be eligible to receive
MCA assistance during the fiscal year.
These steps include the submission of
reports to appropriate congressional
committees and the publication of
notices in the Federal Register that
identify, among other things:
1. The countries that are ‘‘candidate
countries’’ for MCA assistance during
FY09 based on their per-capita income
levels and their eligibility to receive
assistance under U.S. law, and countries
that would be candidate countries but
for specified legal prohibitions on
assistance (section 608(a) of the Act; 22
U.S.C. 7708(a));
2. The criteria and methodology that
the Board of Directors of MCC (the
Board) will use to measure and evaluate
the relative policy performance of the
candidate countries consistent with the
requirements of section 607 of the Act
in order to select ‘‘MCA eligible
countries’’ from among the ‘‘candidate
countries’’ (section 608(b) of the Act, 22
U.S.C. 7708(b)); and
3. The list of countries determined by
the Board to be ‘‘MCA eligible
countries’’ for FY09, with justification
for eligibility determination and
selection for compact negotiation,
including which of the MCA eligible
countries the Board will seek to enter
into MCA compacts (section 608(d) of
the Act, 22 U.S.C. 7708(d)).
This is the third of the abovedescribed reports by MCC for fiscal year
2009 (FY09). It identifies countries
determined by the Board to be eligible
under section 607 of the Act for FY09
(22 U.S.C. 7706) and countries with
which the Board will seek to enter into
compacts under section 609 of the Act,
as well as the justification for such
decisions.
SUMMARY: This report is provided in
accordance with section 608(d)(1) of the
Millennium Challenge Act of 2003,
Public Law 108–199, Division D, (the
‘‘Act’’), 22 U.S.C. 7708(d)(1).
The Act authorizes the provision of
Millennium Challenge Account
(‘‘MCA’’) assistance under section 605
of the Act to countries that enter into
compacts with the United States to
support policies and programs that
advance the progress of such countries
in achieving lasting economic growth
Eligible Countries
The Board met on December 11, 2008
to select countries that will be eligible
for MCA compact assistance under
section 607 of the Act for FY09. The
Board selected the following countries
as eligible for such assistance for FY09:
Colombia, Indonesia, Jordan, Malawi,
Moldova, the Philippines, Senegal, and
Zambia.
In accordance with the Act and with
the ‘‘Report on the Criteria and
Methodology for Determining the
Signed at Washington, DC, December 15,
2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. E8–31135 Filed 12–31–08; 8:45 am]
BILLING CODE 4510–26–P
MILLENNIUM CHALLENGE
CORPORATION
[MCC FR 09–04]
Report on the Selection of Eligible
Countries for Fiscal Year 2009
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02JAN1
]]>Agencies
[Federal Register Volume 74, Number 1 (Friday, January 2, 2009)]
[Notices]
[Pages 120-121]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31135]
=======================================================================
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2008-0043]
Addenda to the Memorandum of Understanding: To Formalize the
Working Relationship Between the Department of Energy and the
Department of Labor
AGENCY: The Department of Labor; Occupational Safety and Health
Administration (OSHA).
ACTION: Addenda to Memorandum of Understanding between the Department
of Labor and the Department of Energy: (1) the construction of the
Theory and Computing Sciences (TCS) building at the Argonne National
Laboratory in Illinois; transfer of employee safety and health
authority from the Department of Energy (DOE) to the Occupational
Safety and Heath Administration (OSHA); (2) the operations of six
existing buildings and support facilities at the East Tennessee
Technology Park in Oak Ridge, Tennessee; transfer of employee safety
and health authority from DOE to the Tennessee Occupational Safety and
Health Administration.
-----------------------------------------------------------------------
SUMMARY: This document is a notice of addenda to the August 28, 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 DOE land leased to private enterprises.
This action is taken in accordance with the MOU of July 25, 2000, 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 https://www.osha.gov under
the ``D'' for Department of Energy Transition Activities.
DATES: The effective date for the publication of this notice January 2,
2009.
FOR FURTHER INFORMATION: Contact Ms. MaryAnn Garrahan, Office of
Technical Programs and Coordination Activities, Room N-3655, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. Telephone (202) 693-2110; fax (202-693-1644). Access electronic
copies of this notice at OSHA's Web site, https://www.osha.gov, by
selecting Federal Register, ``Date of Publication,'' and then ``2008.''
SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (DOE) and the
Occupational Safety and Health Administration (OSHA) of the U.S.
Department of Labor (DOL) entered into a Memorandum of Understanding
(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 memorandum of understanding 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 Occupational Safety and Health 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 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 Occupational Safety and Health 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 Memorandum of Understanding on July 25,
2000; that establishes interagency procedures to address regulatory
authority for
[[Page 121]]
occupational safety and health at specified privatized facilities and
operations on DOE sites. The 2000 Memorandum of Understanding
specifically covers facilities and operations on lands that have been
leased to private enterprises, 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 February 27, 2007, DOE requested that OSHA accept
occupational safety and health regulatory authority at two locations
pursuant to the MOU on Safety and Health Enforcement at Privatized
Facilities and Operations, dated July 25, 2000. The request was for
OSHA to accept regulatory oversight for the construction phase of the
Theory and Computing Sciences (TCS) building at the Argonne National
Laboratory in Illinois, as well as the transfer of oversight for six
existing buildings and support facilities at the East Tennessee
Technology Park (ETTP) in Oak Ridge, Tennessee.
OSHA's Regional Office in Chicago, IL, working with OSHA's Aurora
Area Office, determined that OSHA should accept authority for the
construction phase of the Theory and Computing Sciences (TCS) building
at the Argonne National Laboratory in Illinois. The Aurora Area Office
has been in contact with the DOE, as well as with the general
contractor, regarding the construction phase of the project. These
offices are satisfied with DOE assurances that (1) this facility is
operationally independent of DOE activities during the construction
phase, (2) there is no likelihood that any employee exposure to
radiation will be 25 millirems per year (mrem /yr) or more, and (3) the
transfer of authority to OSHA is free from regulatory gaps, and does
not diminish the safety and health protection of the employees. OSHA,
therefore, accepted health and safety regulatory authority for the
construction phase of the TCS building. When construction of the TCS is
complete, DOE will contact OSHA to inform it of the type of work to be
performed at the completed TCS.
OSHA's Regional Office in Atlanta, GA, working with the OSHA
Nashville Area Office, and the Tennessee Occupational Safety and Health
Administration (TOSHA), determined that TOSHA is willing to accept
authority for the six existing buildings and support facilities at the
East Tennessee Technology Park in Oak Ridge, Tennessee that were
transferred by deed to the Community Reuse Organization of East
Tennessee (CROET). 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. Therefore, TOSHA accepted and maintains health and
safety regulatory authority over buildings K-1007, K-1225, K-1330, K-
1400, K-1580, K-1007A, and K-1036. Accordingly, after reviewing
pertinent information, OSHA and TOSHA, in a letter to DOE dated
December 18, 2007, agreed to accept regulatory authority for
occupational safety and health over these sites.
This Federal Register notice provides public notice and serves as
an addendum to the 1992 OSHA/DOE MOU. This document was prepared under
the direction of Thomas M. Stohler, Acting Assistant Secretary of Labor
for Occupational Safety and Health, 200 Constitution Avenue, NW.,
Washington, DC 20210. This action is taken pursuant to section 8(g) of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 657(g)) and
Secretary of Labor's Order No. 5-2007 (72 FR 31159).
Signed at Washington, DC, December 15, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-31135 Filed 12-31-08; 8:45 am]
BILLING CODE 4510-26-P
