60 day Federal Register Notice

Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2013–0027]

Addendum to the Memorandum of
Understanding With the Department of
Energy (August 28, 1992); Oak Ridge,
Tennessee Properties
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

This is a notice of an
addendum to the interagency
Memorandum of Understanding (MOU)
between the U.S. Department of Labor
(DOL), Occupational Safety and Health
Administration (OSHA) and the U.S.
Department of Energy (DOE). The MOU
establishes specific interagency
procedures for the transfer of
occupational safety and health coverage
for privatized facilities, properties, and
operations from DOE to OSHA and state
agencies acting under state plans
approved by OSHA.
DATES: The expansion of the scope of
recognition becomes effective on July
10, 2020.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, telephone: (202) 693–1999;
email: [email protected].
General and technical information:
Contact Ms. Mikki Holmes, Acting
Director, OSHA Office of Federal
Agency Programs, Directorate of
Enforcement Programs, U.S. Department
of Labor, telephone: (202) 693–2110;
email: [email protected].
SUPPLEMENTARY INFORMATION:
SUMMARY:

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I. Background
DOE and OSHA have entered into two
MOUs to address both current and
former DOE government-owned or
leased, contractor-operated (GOCO)
facilities. The first MOU, entered into
on August 10, 1992, delineates
regulatory authority over the
occupational safety and health of
contractor employees at DOE GOCO
facilities by recognizing 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 Health Act of 1970 (OSH Act) (29

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U.S.C. 653(b)(1)) exempts from OSHA
authority working conditions to which
other federal agencies have exercised
statutory authority to prescribe or
enforce standards or regulations
affecting occupational safety and 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 along with additional
DOE-prescribed requirements. The
MOU sets forth an agreement that the
provisions of the OSH Act do not apply
to GOCO sites for which DOE has
exercised authority to regulate
occupational safety and health under
the Atomic Energy Act.
As a result of DOE’s policy emphasis
on privatization activities, OSHA and
DOE entered into a second MOU on July
25, 2000, to establish interagency
procedures addressing regulatory
authority for occupational safety and
health at specified privatized facilities
and operations on sites formerly
controlled by DOE. The July 25, 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 likelihood that any employee
exposure to radiation from DOE sources
would be 25 millirems per year (mrem/
yr) or more.
II. Notice of Transfer
In an email dated May 1, 2020, DOE
requested that OSHA or, as appropriate,
the Tennessee Occupational Safety and
Health Administration (TOSHA) accept
occupational safety and health
regulatory authority over employees at
the East Tennessee Technology Park in
Oak Ridge, Tennessee, one parcel of
land pursuant to the MOU on Safety and
Health Enforcement at Privatized
Facilities and Operations dated July 25,
2000. Other facilities and properties at
the East Tennessee Technology Park
were transferred to TOSHA jurisdiction
under this MOU by Federal Register
notices 74 FR 120 (January 2, 2009); 74
FR 39977 (August 10, 2009); 76 FR
80408 (December 23, 2011); and 79 FR
29456 (May 22, 2014).
The parcel of land, located at the East
Tennessee Technology Park in Oak
Ridge, Tennessee, and transferred by
deed to the Community Reuse
Organization of East Tennessee
(CROET), is the Land Parcel
Powerhouse Area, Duct Island, K–1007–
P1 Pond Area at the East Tennessee
Technology Park (ETTP).
OSHA’s Regional Office in Atlanta,
Georgia, working with the OSHA
Nashville Area Office and TOSHA,
determined that TOSHA is willing to

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accept authority over the occupational
safety and health of public-sector and
private-sector employees at the parcel of
land at the East Tennessee Technology
Park in Oak Ridge, Tennessee, that was
transferred by deed to CROET. In a letter
from OSHA to DOE dated June 26, 2020,
OSHA stated that TOSHA is satisfied
with DOE’s assurances that (1) there is
no likelihood that any employee at
facilities in the vicinity of the land
parcel 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.
Accordingly, TOSHA accepts and
maintains health and safety regulatory
authority over employees in the vicinity
of the Land Parcel Powerhouse Area,
Duct Island, K–1007–P1 Pond Area at
the East Tennessee Technology Park
(ETTP).
III. Authority and Signature
Loren Sweatt, Principal Deputy
Assistant Secretary of Labor for
Occupational Safety and Health,
authorized the preparation of this
notice. This Federal Register notice
provides public notice and serves as an
addendum to the 1992 OSHA/DOE
MOU. Accordingly, the agency is
issuing this notice pursuant to Section
8(g)(2) of the Occupational Health and
Safety Act of 1970 (29 U.S.C. 657(g)(2)),
Secretary of Labor’s Order No. 1–2012
(77 FR 3912, Jan. 25, 2012).
Signed at Washington, DC, on June 30,
2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.
[FR Doc. 2020–14839 Filed 7–9–20; 8:45 am]
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DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collections: High-Wage
Components of the Labor Value
Content Requirements Under the
USMCA
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor
(DOL) is soliciting comments
concerning a proposed extension of the
information collection request (ICR)
titled, ‘‘High-Wage Components of the

SUMMARY:

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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices

Labor Value Content Requirements
under the USMCA.’’ This comment
request is part of continuing
Departmental efforts to reduce
paperwork and respondent burden in
accordance with the Paperwork
Reduction Act of 1995 (PRA). This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. A copy of the
proposed information request can be
obtained by contacting the office listed
below in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
September 8, 2020.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0032, by either one of the following
methods: Email: WHDPRAComments@
dol.gov; Mail, Hand Delivery, Courier:
Division of Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW, Washington,
DC 20210.
Instructions: Please submit one copy
of your comments by only one method.
All submissions received must include
the agency name and Control Number
identified above for this information
collection. Because we continue to
experience delays in receiving mail in
the Washington, DC area, commenters
are strongly encouraged to transmit their
comments electronically via email or to
submit them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will also be summarized
and/or included in the request for Office
of Management and Budget (OMB)
approval of the information collection
request.

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FOR FURTHER INFORMATION CONTACT:

Robert Waterman, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202)
693–0406 (this is not a toll-free
number). Copies of this notice may be
obtained in alternative formats (Large
Print, braille, Audio Tape, or Disc),
upon request, by calling (202) 693–0023
(not a toll-free number). TTY/TTD
callers may dial toll-free (877) 889–5627
to obtain information or request
materials in alternative formats.

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I.
Background: In accordance with section
210(b) of the United States-MexicoCanada Agreement Implementation Act,
the U.S. Department of Labor issued
regulations necessary to administer the
high-wage components of the labor
value content requirements as set forth
in section 202A of that Act (85 FR
39782, July 1, 2020). The Act
implements the United States-MexicoCanada Agreement (USMCA). Section
202A of the Act, codified at 19 U.S.C.
4532, in part implements Article 7 of
the Automotive Appendix of the
USMCA. The USMCA establishes labor
value content (LVC) requirements for
passenger vehicles, light trucks, and
heavy trucks, pursuant to which an
importer can only obtain preferential
tariff treatment for a covered vehicle if
the covered vehicle meets certain highwage component requirements. The Act
requires importers who claim
preferential tariff treatment under the
USMCA for goods imported into the
United States from a USMCA Country,
and vehicle producers whose goods are
the subject of a claim for preferential
tariff treatment under the USMCA, to
make, keep, and, pursuant to rules and
regulations promulgated by the
Secretary, render for examination and
inspection records and supporting
documents related to the LVC
requirements. See 19 U.S.C. 1508(b)(4).
The Act further grants the Secretary
authority during the course of a
verification to request any records
relating to wages, hours, job
responsibilities, or any other
information in any plant or facility
relied on by a producer of covered
vehicles to demonstrate that the
production of those vehicles meets the
high-wage components of the LVC
requirements. See 19 U.S.C.
4532(e)(4)(B). The Act grants authority
to the Secretary to issue regulations.

SUPPLEMENTARY INFORMATION:

The Department issued the interim
final rule to carry out the purposes of
the USMCA. This interim final rule
published in the Federal Register on
July 1, 2020 (85 FR 39782). As part of
OMB’s consideration of the interim final
rule, the Department submitted an
emergency processing request for the
PRA package associated with the
interim final rule. Where OMB approves
the collection of information on an
emergency basis, the approval is timelimited and the agency must publish
notice and comment on the collection to
give the public opportunity to respond.
Pursuant to 5 CFR 1320.13, OMB
assigned control number 1235–0032 to
this collection and approved the request

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on July 2, 2020 with an expiration of
January 31, 2021.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Enhance the quality, utility, and
clarity of the information to be
collected;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions: The Department
of Labor seeks an approval for the
extension of this information collection
in order to ensure effective
administration of the High-Wage
Components of the Labor Value Content
Requirements under the USMCA.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: High-Wage Components of the
Labor Value Content Requirements
under the USMCA.
OMB Control Number: 1235–0032.
Affected Public: Business or other forprofit.
Total Respondents: 9,455.
Total Annual Responses: 5,796,460.
Estimated Total Burden Hours:
205,911.
Estimated Time per Response: Varies
with type of request (1.25–20 minutes):
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operation/
maintenance): $.
Dated: July 6, 2020.
Amy DeBisschop,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2020–14845 Filed 7–9–20; 8:45 am]
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