[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Notices]
[Pages 16191-16192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8105]


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DEPARTMENT OF ENERGY


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

AGENCY: Department of Energy.

ACTION: Notice of revision of listing of covered facilities.

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SUMMARY: The Department of Energy (``Department'' or ``DOE'') 
periodically

[[Page 16192]]

publishes or revises a list of facilities covered under the Energy 
Employees Occupational Illness Compensation Program Act of 2000, as 
amended (``EEOICPA'' or ``Act''). This notice revises the previous 
lists because (1) Some designated atomic weapons employers (AWE) should 
not have been so designated; (2) one listed facility's name has 
changed; and (3) one university was incorrectly designated as a covered 
facility rather than the laboratory operated by the university. 
Previous lists or revisions were published on 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, PhD, 
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, PhD, Director, Office 
of Health and Safety (HS-10), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585.

SUPPLEMENTARY INFORMATION:

Purpose

    The Act establishes a program to provide compensation to certain 
employees who develop illnesses as a result of their employment with 
DOE, its predecessor Agencies, certain of its contractors and 
subcontractors and listed beryllium vendors. Section 3621 of the Act 
(codified at 42 U.S.C. 7384l) 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 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.'' The Act defines a DOE facility, in 
pertinent part, as ``any building, structure, or premise, including the 
grounds upon which such building, structure, or premise is located--(A) 
in which operations are, or have been, conducted by, or on behalf of, 
the Department of Energy * * *; and (B) with regard to which the 
Department of Energy has or had--(i) a proprietary interest; or (ii) 
entered into a contract with an entity to provide management and 
operation, management and integration, environmental remediation 
services, construction, or maintenance services.''
    It has recently come to the attention of the Department that (1) 
Certain entities were previously mistakenly designated as AWEs because 
the designated entities were Agencies of the U.S. Government and the 
statutory definition of an AWE excludes the United States; (2) one 
listed facility has changed its name; and (3) one university was 
incorrectly designated as a covered facility rather than the laboratory 
operated by the university.
    This notice formally makes the following changes to the list:
    <bullet> Albany Research Center in Albany, Oregon, is no longer 
designated as an AWE, but will keep its designation as a DOE facility;
    <bullet> General Electric in Cincinnati/Evandale, Ohio, is no 
longer designated as an AWE, but will keep its designation as a DOE and 
beryllium (Be) facility;
    <bullet> Granite City Steel in Granite City, Illinois, will now be 
listed as General Steel Industries (also known as Granite City Steel) 
because the facility was named General City Steel for the majority of 
the covered period;
    <bullet> The University of California in Berkeley, California, is 
no longer designated as a covered facility (AWE nor DOE). The 
University of California is the management and operating contractor for 
Lawrence Berkeley National Laboratory (LBNL) and any University of 
California facilities that may have been used for weapons development 
are now covered under the LBNL facility.

    Issued in Washington, DC, on March 31, 2009.
Glenn S. Podonsky,
Chief Health, Safety and Security Officer, Office of Health, Safety and 
Security.
[FR Doc. E9-8105 Filed 4-8-09; 8:45 am]
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