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[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Notices]               
[Page 45608]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au10-53]                         

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DEPARTMENT OF ENERGY

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

AGENCY: Department of Energy.

ACTION: Notice of corrected revision of list of covered facilities.

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SUMMARY: The Department of Energy (``Department'' or ``DOE'') 
periodically publishes or revises a list of facilities covered under 
the Energy Employees Occupational Illness Compensation Program Act of 
2000, as amended (``EEOICPA'' or ``Act''). On June 30, 2010, DOE 
published a notice (75 FR 37781) that amended the previous lists. DOE 
has determined that the June 30, 2010, notice should be replaced. This 
corrected notice now replaces the previous lists by removing two 
facilities designated as atomic weapons employer (AWE) facilities that 
should not have been so designated. Previous lists or revisions were 
published on April 9, 2009, June 28, 2007, November 30, 2005, August 
23, 2004, July 21, 2003, December 27, 2002, June 11, 2001, and January 
17, 2001.

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

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

SUPPLEMENTARY INFORMATION:

Purpose

    The EEOICPA establishes a program to provide compensation to 
certain employees who develop illnesses as a result of their employment 
with AWEs, DOE and its predecessor Agencies, certain of its contractors 
and subcontractors, and listed beryllium vendors. Section 3621(4) of 
the Act (codified at 42 U.S.C. 7384l(4)) defines an AWE as ``an entity, 
other than the United States, that--(A) processed or produced, for use 
by the United States, material that emitted radiation and was used in 
the production of an atomic weapon, excluding uranium mining and 
milling; and (B) is designated by the Secretary of Energy as an [AWE] 
for the purposes of the compensation program.'' Section 3621(5) defines 
an AWE facility as ``a facility, owned by an [AWE], that is or was used 
to process or produce, for use by the United States, material that 
emitted radiation and was used in the production of an atomic weapon, 
excluding uranium mining or milling.''
    It has recently come to the attention of the Department that one 
facility was previously mistakenly designated as an AWE facility 
because the designated facility was owned by the U.S. Government, and 
the statutory definitions of AWE and AWE facility exclude facilities 
owned by the United States. A second entity identified as an AWE 
facility is being removed from the list because the work performed by 
that entity was not related to production of an atomic weapon and was 
not performed for, or on behalf of, DOE or its predecessor Agencies.
    This notice formally makes the changes to the list as indicated 
below:
     Painsville Site (Diamond Magnesium Company) of Ohio is no 
longer designated as an AWE facility because the work performed at that 
site was not related to atomic weapons production and was not conducted 
by, or on behalf of, DOE or its predecessor Agencies.
     St. Louis Airport Storage Site is no longer designated as 
an AWE facility because the facility was owned by the U.S. Government. 
This change has no effect on the determination of the Department of 
Labor that the work site is a DOE facility.

    Issued in Washington, DC, on July 26, 2010.
Glenn S. Podonsky,
Chief Health, Safety and Security Officer, Office of Health, Safety and 
Security.
[FR Doc. 2010-19020 Filed 8-2-10; 8:45 am]
BILLING CODE 6450-01-P
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