Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 39977 

ex-servicemembers. The report informs 

ETA of the amount to bill such agencies. 

For additional information, see related 

notice published at Volume 74 FR 

14579 on March 31, 2009. 

Agency: Employment and Training 

Administration. 

Type of Review: Revision of a 

currently approved collection. 

Title of Collection: Unemployment 

Insurance Title XII Advances and 

Voluntary Repayment Process. 

OMB Control Number: 1205–0199. 

Agency Form Number: N/A. 

Affected Public: State Governments. 

Total Estimated Number of 

Respondents: 27. 

Total Estimated Annual Burden 

Hours: 243. 

Total Estimated Annual Costs Burden 

(does not include hour costs): $0. 

Description: This information 

collection’s purpose is to maintain a 

process for State governors for 

requesting advances and repaying 

advances through their correspondence 

with the Secretary of Labor. The report 

informs ETA of the amount to bill such 

agencies. For additional information, 

see related notice published at Volume 

74 FR 24041 on May 22, 2009. 

Agency: Employment and Training 

Administration. 

Type of Review: Revision of a 

currently approved collection. 

Title of Collection: Plan for Evaluation 

of the Trade Adjustment Assistance 

Program. 

OMB Control Number: 1205–0460. 

Agency Form Number: N/A. 

Affected Public: Individuals or 

households. 

Total Estimated Number of 

Respondents: 1,357. 

Total Estimated Annual Burden 

Hours: 940. 

Total Estimated Annual Costs Burden 

(does not include hour costs): $0. 

Description: This data collection is for 

an evaluation of the Trade Adjustment 

Assistance (TAA) Program. The 

evaluation is comprised of an impact 

analysis using a comparison group 

methodology. A process is also included 

to determine what programmatic and 

administrative features may affect 

performance. Data collection includes: 

Baseline and follow-up surveys of TAA 

participants and comparison group 

members, site visits to States and local 

areas, and an Internet/phone survey of 

local TAA coordinators. bor. The report 

informs ETA of the amount to bill such 

agencies. For additional information, 

see related notice published at Volume 

74 FR 14159 on March 30, 2009. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. E9–19082 Filed 8–7–09; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2009–0019] 

Addenda to the Memorandum of 

Understanding: To Formalize the 

Working Relationship Between the 

Department of Energy and the 

Department of Labor (August 28, 1992) 

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: 

the transfer of two existing buildings 

and two other parcels of land located at 

the East Tennessee Technology Park in 

Oak Ridge, Tennessee; transfer of 

employee safety and health authority 

from the Department of Energy (DOE) to 

the Tennessee Occupational Safety and 

Health Administration (TOSHA). 

SUMMARY: This document is a notice of 

addenda to the 1992 interagency 

Memorandum of Understanding (MOU) 

between the U.S. Department of Labor 

and the U.S. Department of Energy. That 

MOU states that DOE has exclusive 

authority over the occupational safety 

and health of contractor employees at 

DOE Government-Owned and 

Contractor-Operated facilities (GOCOs). 

In addition, the MOU between the 

departments dated July 25, 2000, on 

safety and health enforcement at 

privatized facilities and operations, 

provides that OSHA has regulatory 

authority over occupational safety and 

health at certain privatized facilities and 

operations on land formerly under the 

control of DOE. This action is taken in 

accordance with the July 25, 2000 MOU, 

which establishes specific interagency 

procedures for the transfer of 

occupational safety and health coverage 

for such privatized facilities and 

operations from DOE to OSHA and state 

agencies acting under state plans 

approved by OSHA pursuant to section 

18 of the Occupational Safety and 

Health Act of 1970 (OSH Act), 29 U.S.C. 

667. The MOUs may be found on the 

internet via the OSHA Web page 

http://www.osha.gov under the ‘‘D’’ for 

Department of Energy Transition 

Activities. 

DATES: Effective Date: The effective date 

of the Addenda to the Memorandum of 

Understanding is August 10, 2009. 

FOR FURTHER INFORMATION CONTACT: 

MaryAnn Garrahan, Director, Office of 

Technical Programs and Coordination 

Activities, Directorate of Technical 

Support and Emergency Management, 

U.S. Department of Labor, Occupational 

Safety and Health Administration, 

Room N–3655, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2110. Access 

electronic copies of this notice at 

OSHA’s Web site: http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Department of Energy (DOE) and the 

Occupational Safety and Health 

Administration (OSHA) of the U.S. 

Department of Labor entered into a 

MOU on August 10, 1992, delineating 

regulatory authority over the 

occupational safety and health of 

contractor employees at DOE 

government-owned or leased, 

contractor-operated (GOCO) facilities. In 

general, the MOU recognizes that DOE 

exercises statutory authority under 

section 161(f) of the Atomic Energy Act 

of 1954, as amended, [42 U.S.C. 2201(f)], 

relating to the occupational safety and 

health of private-sector employees at 

these facilities. 

Section 4(b)(1) of the OSH Act of 

1970, 29 U.S.C. 653(b)(1), exempts from 

OSHA authority working conditions 

with respect to which other federal 

agencies have exercised statutory 

authority to prescribe or enforce 

standards or regulations affecting 

occupational safety or health. The 1992 

MOU acknowledges DOE’s extensive 

program for the regulation of contractor 

health and safety, which requires 

contractor compliance with all OSHA 

standards as well as additional 

requirements prescribed by DOE, and 

concludes with an agreement by the 

agencies that the provisions of the OSH 

Act will not apply to GOCO sites for 

which DOE has exercised its authority 

to regulate occupational safety and 

health under the Atomic Energy Act. 

In light of DOE’s policy emphasis on 

privatization activities, OSHA and DOE 

entered into a second MOU on July 25, 

2000 that establishes interagency 

procedures to address regulatory 

authority for occupational safety and 

health at specified privatized facilities 

and operations on sites formerly 

controlled by DOE. The 2000 MOU 

covers facilities and operations on lands 

no longer controlled by DOE, which are 

not conducting activities for or on 

behalf of DOE and where there is no 


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39978 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 

likelihood that any employee exposure 

to radiation from DOE sources would be 

25 millirems per year (mrem/yr) or 

more. 

In a letter dated April 9, 2009, DOE 

requested that OSHA or, as appropriate, 

TOSHA accept occupational safety and 

health regulatory authority over 

employees at the East Tennessee 

Technology Park at two existing 

buildings known as K–1652, a fire 

station owned and operated by the City 

of Oak Ridge, Tennessee, and K–1515, 

the water treatment plant owned and 

operated by the city, as well as two 

other parcels of land known as ED–5 

East and ED–7, transferred to the 

Community Reuse Organization of East 

Tennessee (CROET), pursuant to the 

MOU on Safety and Health Enforcement 

at Privatized Facilities and Operations 

dated July 25, 2000. 

OSHA’s Regional Office in Atlanta, 

Georgia, working with the OSHA 

Nashville Area Office, and the TOSHA, 

determined that TOSHA is willing to 

accept authority over the occupational 

safety and health of employees at the 

two existing buildings and the two other 

parcels of land at the East Tennessee 

Technology Park in Oak Ridge, 

Tennessee that were transferred by deed 

to the City of Oak Ridge and CROET, 

respectively. In a letter from OSHA to 

DOE dated May 13, 2009, OSHA stated 

that TOSHA is satisfied with DOE 

assurances that (1) there is no likelihood 

that any employee at these facilities will 

be exposed to radiation levels that will 

be 25 millirems per year (mrem/yr) or 

more, and (2) transfer of authority to 

TOSHA is free from regulatory gaps, and 

does not diminish the safety and health 

protection of the employees. According 

to this letter, TOSHA therefore accepted 

and maintains health and safety 

regulatory authority over employees at 

buildings K–165 (fire station) and K– 

1515 (water treatment plant), as well as 

parcels ED–5 East and ED–7. 

Authority and Signature 

Jordan Barab, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210, directed the 

preparation of this notice. This Federal 

Register notice provides public notice 

and serves as an addendum to the 1992 

OSHA/DOE MOU. 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, on August 4, 

2009. 

Jordan Barab, 

Acting Assistant Secretary for Occupational 

Safety and Health. 

[FR Doc. E9–19070 Filed 8–7–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2009–0021] 

Benzene Standard; Extension of the 

Office of Management and Budget’s 

(OMB) Approval of Information 

Collection (Paperwork) Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comment. 

SUMMARY: OSHA solicits public 

comment concerning its proposal to 

extend OMB approval of the 

information collection requirements 

specified in the Standard on Benzene 

(29 CFR 1910.1028). 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

October 9, 2009. 

ADDRESSES: Electronically: You may 

submit comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Facsimile: If your comments, 

including attachments, are not longer 

than 10 pages, you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger, or courier service: When 

using this method, you must submit 

three copies of your comments and 

attachments to the OSHA Docket Office, 

Docket No. OSHA–2009–0021, U.S. 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–2625, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Deliveries (hand, express mail, 

messenger, and courier service) are 

accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m. to 4:45 p.m., 

e.t. 

Instructions: All submissions must 

include the Agency name and OSHA 

docket number for the Information 

Collection Request (ICR) (OSHA–2009– 

0021). All comments, including any 

personal information you provide, are 

placed in the public docket without 

change, and may be made available 

online at http://www.regulations.gov. 

For further information on submitting 

comments see the ‘‘Public 

Participation’’ heading in the section of 

this notice titled SUPPLEMENTARY

INFORMATION. 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or the OSHA Docket Office at the 

address above. All documents in the 

docket (including this Federal Register 

notice) are listed in the http:// 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

You may also contact Todd Owen or 

Jamaa Hill at the address below to 

obtain a copy of the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Todd Owen or Jamaa Hill, Directorate of 

Standards and Guidance, OSHA, U.S. 

Department of Labor, Room N–3609, 

200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor, as part of its 

continuing effort to reduce paperwork 

and respondent (i.e., employer) burden, 

conducts a preclearance consultation 

program to provide the public with an 

opportunity to comment on proposed 

and continuing information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506(c)(2)(A)). This program 

ensures that information is in the 

desired format, reporting burden (time 

and costs) is minimal, collection 

instruments are clearly understood, and 

OSHA’s estimate of the information 

collection burden is accurate. The 

Occupational Safety and Health Act of 

1970 (the OSH Act) (29 U.S.C. 651 et 

seq.) authorizes information collection 

by employers as necessary or 

appropriate for enforcement of the OSH 

Act or for developing information 

regarding the causes and prevention of 

occupational injuries, illnesses, and 

accidents (29 U.S.C. 657). The OSH Act 

also requires that OSHA obtain such 

information with minimum burden 

upon employers, especially those 

operating small businesses, and to 

reduce to the maximum extent feasible 

unnecessary duplication of efforts in 

obtaining information (29 U.S.C. 657). 

The information collection 

requirements specified in Benzene 

Standard protect workers from the 

adverse health effects that may result 


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