[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Pages 13628-13676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5732]



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Part II





Department of Justice





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28 CFR Part 79



Civil Division; Claims Under the Radiation Exposure Compensation Act 
Amendments of 2000; Amendments Contained in the 21st Century Department 
of Justice Appropriations Authorization Act of 2002; Final Rule

  Federal Register / Vol. 69, No. 56 / Tuesday, March 23, 2004 / Rules 
and Regulations  

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DEPARTMENT OF JUSTICE

28 CFR Part 79

[Docket No. CIV101F; AG Order No. 2711-2004]
RIN 1105-AA75


Civil Division; Claims Under the Radiation Exposure Compensation 
Act Amendments of 2000; Amendments Contained in the 21st Century 
Department of Justice Appropriations Authorization Act of 2002

AGENCY: Civil Division, Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice (``the Department'') revises its 
existing regulations implementing the Radiation Exposure Compensation 
Act (``the Act'' or ``RECA''), to reflect changes to RECA contained in 
two legislative enactments: the Radiation Exposure Compensation Act 
Amendments of 2000 (``2000 Amendments''), enacted on July 10, 2000; and 
the 21st Century Department of Justice Appropriations Authorization Act 
(``Appropriations Authorization Act''), enacted on November 2, 2002.
    After enactment of the 2000 Amendments, the Department published 
two related rulemakings in the Federal Register to implement the 
legislation. The first, a final rule published on August 7, 2002, 
reflected technical changes to the Act made by the 2000 Amendments. The 
second, also published on August 7, 2002, was a proposed rule 
implementing those changes in the 2000 Amendments that required public 
notice and comment. Since publication of these two rulemakings, the 
Appropriations Authorization Act was passed; that legislation required 
modification to both the final and proposed rules. Therefore, this 
rulemaking accomplishes two essential tasks: discusses comments 
received regarding the ``proposed'' rule and reflects relevant changes 
made by the Department in connection with those comments; and 
incorporates technical revisions to the rule in order to implement the 
Appropriations Authorization Act.

DATES: Effective date: April 22, 2004. This final rule will apply to 
all claims pending with the Radiation Exposure Compensation Act Program 
(``Program'') as of this date.

FOR FURTHER INFORMATION CONTACT: Gerard W. Fischer (Assistant 
Director), (202) 616-4090, and Dianne S. Spellberg (Senior Counsel), 
(202) 616-4129.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2000, the RECA Amendments of 2000 were enacted, 
providing expanded coverage to individuals who developed one of the 
diseases specified in the Act following exposure to radiation related 
to the Federal Government's atmospheric nuclear weapons program or as a 
result of employment in the uranium production industry. Pub. L. 106-
245. On August 7, 2002, the Attorney General published two related 
rulemakings implementing the 2000 Amendments: (1) A final rule (67 FR 
51422) adopting the technical revisions contained in the 2000 
Amendments by providing conforming amendments that incorporated the 
legislative language; and (2) a proposed rulemaking (67 FR 51440) 
setting forth amendments that primarily addressed compensation for two 
new claimant categories: uranium millers and individuals employed in 
the transport of uranium ore or vanadium-uranium ore. Comments were 
received over a period of 60 days, ending on October 7, 2002. In 
response to several requests from the public for additional time, the 
comment period was reopened on November 27, 2002, for an additional 60-
day period ending on January 27, 2003.
    On November 2, 2002, the President signed the 21st Century 
Department of Justice Appropriations Authorization Act, Pub. L. 107-
273. Section 11007 of the Act makes additional changes to RECA that 
include: re-inserting a ``downwinder'' area; clarifying the medical 
eligibility criteria; providing an alternative radiation exposure 
standard for uranium miners; and correcting drafting errors contained 
in the 2000 Amendments.
    Accordingly, in conjunction with the comments received on the 
proposed rule, this rulemaking: describes the expanded population of 
eligible uranium mine workers created by lowering the radiation 
exposure threshold for miners; identifies the new uranium worker 
states; includes provisions for compensation to ``aboveground'' miners; 
sets forth employment eligibility criteria for the new claimant 
categories (millers and ore transporters); describes the documentation 
required to establish proof of employment in a uranium mine or mill or 
as an ore transporter; describes the medical documentation necessary to 
establish the existence of renal cancer and chronic renal disease; and 
revises the provision concerning attorney representation of claimants 
before the Department of Justice with respect to claims brought under 
the Act.
    Also, in order to implement the technical changes contained in the 
Appropriations Authorization Act, this rule incorporates the following 
revisions to the regulation: inserts a portion of Mohave County, 
Arizona, previously covered under RECA and erroneously stricken from 
the 2000 Amendments, as a radiation-affected area for ``downwinder'' 
claimants; clarifies the requirement that lung cancer be ``primary'' 
for all claimant categories; adds a duration of employment standard as 
an alternative to a minimum radiation exposure standard for uranium 
miners; amends the documentation required to establish lung cancer for 
uranium miner, miller, and ore transporter claimants; and makes other 
minor revisions consistent with the Appropriations Authorization Act.

Discussion of Changes and Comments Related to the 2000 Amendments

    Following publication of the proposed regulations, the Department 
received nearly 50 letters, some containing more than one comment 
regarding the proposed amendments. Commenters included both interested 
individuals and organizations. Most of the comments were positive, 
supporting the proposed changes, and praising what one commenter 
asserted was the Department's ``thoughtful'' approach. Other commenters 
suggested changes to medical provisions that were subsequently amended 
by enactment of the Appropriations Authorization Act. Specifically, 
these commenters noted that the medical criteria for establishing a 
diagnosis of lung cancer required the submission of documentation 
relevant to establishing a different type of illness, namely, a 
nonmalignant respiratory disease. Furthermore, some commenters 
requested clarification on whether a diagnosis of ``lung cancer'' 
(added by the 2000 Amendments as one of the new specified diseases for 
downwinders and onsite participants) must be ``primary'' in order to 
establish eligibility for compensation. Again, the Appropriations 
Authorization Act addressed this issue and clarified that a diagnosis 
of ``lung cancer'' must be ``primary'' in order to establish 
eligibility for compensation. Lastly, several commenters requested 
other technical changes that have subsequently been remedied by 
enactment of the Appropriations Authorization Act, or were contained in 
the 2000 Amendments.
    The Department carefully reviewed all of the comments, several of 
which resulted in changes to the proposed rule. Some of the comments 
requested edits to the text for purposes of

[[Page 13629]]

clarification; other suggested changes were more substantive. For 
example, comments submitted by the National Institute for Occupational 
Safety and Health (NIOSH), relating to the interpretation of pulmonary 
function tests (PFTs) for purposes of establishing a diagnosis of a 
nonmalignant respiratory disease, have prompted two substantive changes 
in the final rule. These changes will bring the PFT testing criteria in 
step with the guidelines provided by the American Thoracic Society as 
set forth in its most recent publication ``Lung Function Testing: 
Selection of Reference Values and Interpretative Strategies.'' The 
Department is certain these changes will ensure a more equitable 
treatment of claims in a manner consistent with current scientific 
standards.
    In regard to other substantive changes, the Department met with two 
renal specialists to discuss the diagnostic criteria claimants are 
required to satisfy to prove chronic renal disease. The physicians 
reviewed the proposed criteria, made suggestions, provided guidance, 
and shared their specialized expertise in this area. In addition, they 
provided useful medical and scientific information. The final rule 
reflects many of the recommendations of those specialists as well as 
suggestions received by several commenters.
    Below are summaries and discussions of the comments received 
related to the proposed regulations, which have been organized 
according to content. Minor or technical issues are not discussed.
    In some cases, commenters suggested that the Department incorporate 
certain regulatory provisions that would alter statutory requirements 
relating to the criteria for compensation. For example, several 
commenters suggested that the regulations include additional 
compensable diseases and illnesses. Some argued that the covered 
illnesses for uranium millers and ore transporters should be identical 
to those illnesses specified for uranium miners. The regulations, 
however, cannot expand upon the list of diseases set forth in the 
statute. With respect to those comments requesting changes that would 
require legislative modification, the Department has no discretion in 
the matter. The implementing regulations must reflect the statutory 
limitations. Stated simply, the Department cannot modify a statute by 
regulation.

Subpart E--Uranium Miners

Section 79.40 Scope of Subpart

    Several commenters requested that the ``exploratory stage of 
uranium mining'' be included for compensation and that the scope of the 
subpart therefore be broadened to include ``exploratory drillers'' or 
``core drillers.'' Under the Act's uranium miner provisions, 
compensation is available to an ``individual . . . employed in a 
uranium mine . . . and [who] was a miner exposed to at least 40 or more 
working level months of radiation or worked for at least 1 year during 
the [designated time] period.'' 42 U.S.C. 2210 (note), Sec. 5(a)(1). 
The first issue to consider is whether core drillers were ``employed in 
a uranium mine.'' The Act defines a uranium mine as any ``underground 
excavation . . . or other aboveground mines, where uranium ore or 
vanadium-uranium ore was mined or otherwise extracted.'' Id. at Sec. 
5(b)(7). Core drillers, however, did not work ``in'' uranium mines so 
much as ``at'' prospective sites where uranium deposits were generally 
located. The purpose of core drilling was to determine whether uranium 
ore existed in a given location and to determine whether the content of 
that ore was metallurgically significant to make it useful or 
marketable. The intent was not to ``mine'' the uranium, but to test or 
sample half-dollar size ``cores'' for suitable uranium-rich locations. 
If any ore-rich sites were located, uranium miners could then extract 
the ore. Some core drillers may never have come into contact with 
uranium ore. Others who were successful did not typically stay to mine 
the site. Rather, the core drillers routinely left such sites in order 
to explore new ones.
    The crux of the argument to include core drillers is that they 
``extracted'' ore by drilling core samples from a site, and while not 
technically ``miners,'' they nonetheless engaged in the same broad type 
of work (extraction) and should therefore be eligible for compensation.
    The Act's provisions, however, require an individual to be 
``employed in a uranium mine'' as a ``miner.'' While the work performed 
by core drillers was crucial to the success of the uranium production 
industry, these individuals were not employed in a uranium mine nor 
were they considered to be miners, and commenters did not generally 
claim otherwise. For example, one commenter advocating the expansion of 
this subpart to include core drillers implicitly recognized that core 
drillers were not employed in a uranium mine when he suggested changing 
the scope of the subpart to cover those employed ``in or around a 
uranium mine.'' The plain language of the Act clearly describes the 
requirements for satisfying the definition of ``miner.'' Extracting 
uranium ore from within a mine is one of the strict definitional limits 
that cannot be expanded by regulation.
    For all of these reasons, broadening the scope of this subpart to 
include ``exploratory'' work would not be consistent with the terms of 
the Act. We note, however, that a core driller who is able to establish 
that he worked ``in a uranium mine'' as a ``miner'' may satisfy the 
eligibility criteria.

Section 79.41 Definitions

Section 79.41(d) Fibrosis of the Lung or Pulmonary Fibrosis; See Also 
79.51(e), 79.61(f)
    One commenter correctly noted that since enactment of the 2000 
Amendments, individuals establishing proof of fibrosis of the lung or 
pulmonary fibrosis are no longer required to demonstrate evidence of 
``impairment.'' The definition of ``fibrosis of the lung or pulmonary 
fibrosis'' in the proposed rule inadvertently required proof of 
impairment and this error has been corrected in the final rule.
    Prior to the 2000 Amendments, the medical documentation protocol 
contained in the regulations required the submission of either 
pulmonary function tests or arterial blood gas studies--both of which 
demonstrated evidence of impairment. The 2000 Amendments, however, 
eliminated this requirement. While individuals may provide such 
evidence, submission of pulmonary function tests or arterial blood gas 
studies is no longer mandatory. The Act now provides a broader range of 
diagnostic evidence that individuals may submit to establish the 
existence of fibrosis of the lung or pulmonary fibrosis. The final rule 
revises the definition of ``fibrosis of the lung or pulmonary 
fibrosis'' accordingly.
Section 79.41(m) Uranium Mine
    One commenter asked whether compensation was available for those 
miners who worked aboveground doing tasks such as stock piling ore and 
operating loaders (dump trucks). Those activities would be considered 
aboveground mining activities. In the 2000 Amendments, Congress 
expanded the definition of a uranium mine to include ``aboveground'' 
mines. The Department has incorporated this expanded definition into 
these regulations. Thus, miners employed in aboveground mines may be 
eligible for compensation so long as they satisfy other eligibility 
criteria.

[[Page 13630]]

Section 79.41(p) Written Diagnosis by a Physician; See Also 79.51(s) 
and 79.61(s)
    One commenter requested clarification regarding the requirement 
that a physician submitting a written diagnosis of a nonmalignant 
respiratory disease in the case of a living claimant under Sec.  79.46 
must be employed by the Indian Health Service, the Department of 
Veterans Affairs, or be certified by a state medical board. 
Specifically, the commenter questions what the phrase ``certified by a 
state medical board'' means. There are several tiers of credentials 
that physicians may acquire. As an initial requirement, physicians 
practicing in the United States must be licensed by one (or more) 
states. Licensing requirements are written into state law, and vary 
slightly from state to state. The Federation of State Medical Boards 
maintains a listing of every physician's licensure status. In addition 
to being a licensed physician, many physicians obtain additional 
training, typically called ``residency,'' in a specialized field. After 
successful completion of a residency training program, and other 
requirements that vary from one specialty to another, a physician may 
become ``Board Certified'' by passing the Board exam in his or her 
chosen specialty. The Act requires that a written diagnosis of a 
nonmalignant respiratory disease be made by a ``board certified 
physician.'' 42 U.S.C. 2210 (note), Sec. 5(c)(1)(B)(ii). This 
requirement must, therefore, be satisfied by Board certification in a 
relevant specialty. The Department has accordingly revised the final 
rule in order to clarify this requirement and ensure that the 
regulatory provision is consistent with the Act.

Section 79.44 Proof of Working Level Month Exposure to Radiation and 
Proof of Employment for at Least One Year

    One commenter requested that language be inserted in this section 
to explain that in addition to any other material that may be used to 
substantiate the claimant's uranium mining employment history for 
purposes of determining working level months, an affidavit may be 
submitted under certain circumstances. While the limited use of 
affidavits is described in Sec.  79.4, the Department concurs with the 
commenter and relevant language has been inserted in the regulation 
under this section.

Section 79.45 Proof of Lung Cancer

    One commenter noted that the term ``primary'' had been omitted from 
this section and requested that it be reinserted to avoid confusion. 
The Act defines ``lung cancer,'' for purposes of subparts E, F, and G, 
as ``any physiological condition of the lung, trachea, or bronchus that 
is recognized as lung cancer by the National Cancer Institute.'' 42 
U.S.C. 2210 (note), Sec. 5(b)(6). The National Cancer Institute uses 
the term ``lung cancer'' to describe a cancer with a primary origin in 
the lung. The requested changes to this subsection and several 
corresponding changes in subparts E, F, and G have been made to clearly 
reflect the requirement that a diagnosis of primary lung cancer must be 
established to satisfy the eligibility criteria.

Section 79.46 Proof of Nonmalignant Respiratory Disease; See Also 79.55 
and 79.65

    One commenter suggested inserting the words ``reproducible'' and 
``time/volume'' in describing the three tracings required on a 
pulmonary function test. These suggestions are consistent with American 
Thoracic Society (ATS) standards, and accurately describe the recorded 
tracings that are required to demonstrate the claimant's pulmonary 
function.
    The same commenter noticed that the word ``restrictive'' was added 
to the descriptions of lung function and pulmonary function tests 
(PFTs) in all relevant provisions of the regulation. The commenter 
argues that inclusion of this word would disqualify those claimants 
filing under the Act's uranium worker provisions who suffer from 
``obstructive'' lung disease. The addition of the term ``restrictive'' 
with respect to lung function was one of the many legislative changes 
contained in the 2000 Amendments. See 42 U.S.C. 2210 (note), Sec. 
5(b)(5)(B)(iv). Its inclusion in the regulation reflects conformity 
with the Act. That being said, this provision will not result in the 
disqualification of all claimants diagnosed with obstructive lung 
disease who may have previously qualified. The measure of a claimant's 
``forced expiratory volume in one second'' (FEV-1), which is an 
indicator of obstructive lung disease, remains one of the testing 
variables that is used as part of the diagnostic protocol. 
Additionally, those claimants with obstructive lung disease may submit 
one of the other forms of medical documentation listed in Sec.  
79.46(d)(3)(ii) in lieu of pulmonary function tests.
    The National Institute for Occupational Safety and Health (NIOSH) 
submitted a comment suggesting that the Department discontinue the use 
of a fixed value (presently 80% of the predicted value) for determining 
evidence of restrictive or obstructive lung disease from a pulmonary 
function test. Instead, NIOSH recommends using the ``lower limit of 
normal,'' rather than a fixed percentage of the predicted value, as 
this would be consistent with the standards articulated by the ATS. 
Specifically, when determining the existence and severity of impairment 
from a pulmonary function test, the ATS recommends the use of the 
lowest 5% of the reference population to establish the lower limit of 
normal and recommends against using a fixed percentage value. 
Accordingly, the Department has amended the standard set forth in the 
regulations at Appendix A, under which a pulmonary function test is 
determined to be demonstrative of restrictive or obstructive lung 
disease. This rule, at Sec.  79.46(d)(3)(ii)(D), provides that a forced 
vital capacity (FVC) or FEV-1 value will be interpreted as 
demonstrating evidence of restrictive or obstructive lung disease if 
the value shown is equal to or below the lower limit of normal. The use 
of the lower limit of normal rather than a fixed percentage value is in 
keeping with ATS standards and will ensure a more scientifically sound 
measurement for determining the presence and extent of lung function 
abnormality demonstrated by pulmonary function testing.
    NIOSH also raised concerns regarding use of the specific reference 
values contained in the pulmonary function tables for determining 
whether a PFT demonstrates evidence of restrictive lung disease. The 
Department had been using the predicted spirometry values provided in a 
study conducted by Knudson, et al. ``Changes in the Normal Maximal 
Expiratory Flow-Volume Curve with Growth and Aging.'' NIOSH recommends 
against the continued use of the reference values provided by the 
Knudson study. These values were developed strictly from Caucasian 
subjects and did not take into consideration race and ethnicity. 
Consequently, other ethnic groups, such as Mexican Americans and Native 
Americans, who have been shown to have different spirometric reference 
values, are not represented by the Knudson study. NIOSH instead 
recommends the use of the reference values provided in the study 
conducted by Hankinson, et al. ``Spirometric Reference Values from a 
Sample of the General U.S. Population,'' as this study differentiates 
between reference values for Caucasians, African Americans, and Mexican 
Americans. This recommendation is consistent with ATS standards. 
Accordingly, the Department

[[Page 13631]]

has amended the pulmonary function tables found at Appendix A to 
reflect the reference values provided in the Hankinson study.
    It is noted, however, that the Hankinson study does not include 
reference values for Native Americans, an ethnic group that comprises a 
large percentage of the claimants filing under the uranium worker 
provisions of the Act. Consequently, the Department has determined that 
it would be appropriate to incorporate reference values specific to 
Native Americans in the pulmonary function tables. Scientifically 
reliable reference values specific to Native Americans may be found in 
the study conducted by Crapo, et al. ``Normal Spirometric Values in 
Healthy American Indians.'' Accordingly, the pulmonary function tables 
at Appendix A have been amended to include the reference values found 
in the Crapo study as well as those found in the Hankinson study. The 
Department has decided that these changes will provide reference values 
consistent with ATS's recommendation to consider factors of race and 
ethnicity.

Subpart F--Uranium Millers

Section 79.53 Proof of Employment as a Miller

    One commenter asserted that the use of affidavits to establish 
employment as a miller (and as an ore transporter under Sec.  79.63(c)) 
was included in the 2000 Amendments. The 2000 Amendments, however, only 
extended the use of affidavits for a limited purpose. The Act provides: 
``in addition to any other material that may be used to substantiate 
employment history for purposes of determining working level months, an 
individual filing a claim under those procedures may make such a 
substantiation by means of an affidavit described in subparagraph 
(B).'' 42 U.S.C. 2210 (note). This provision does not pertain to 
millers or ore transporters because such claimants are not required to 
demonstrate exposure to working level months of radiation. The relevant 
regulatory provision concerning affidavits (Sec.  79.4) simply adopts 
the Act's language regarding the limited submission of affidavits for 
purposes of determining working level months and, as such, does not 
permit the use of affidavits by co-workers to substantiate employment 
as a miller or ore transporter.

Section 79.55 Proof of Nonmalignant Respiratory Disease

    One commenter, a physician from the Indian Health Service, noted 
specific concerns found in three identical provisions at Sec. Sec.  
79.46(d)(3)(ii)(A)(2); 79.55(d)(3)(ii)(A)(2); and 79.65(d)(3)(ii)(A)(2) 
of the proposed rule. These provisions reflected language contained in 
the statute at 42 U.S.C. 2210 (note), Sec. 5(c)(2)(B). The statutory 
provision, although under the heading entitled ``Chest x-rays,'' 
involved the conclusiveness of evidence that would be afforded to a 
written diagnosis made by a physician of a nonmalignant respiratory 
disease. The ``Supplementary Information'' section of the proposed rule 
discussed the apparent confusion concerning the Act's text: ``The 
proposed rule does not independently address the provisions concerning 
conclusive evidence in section 5(c)(2)(B) of the Act, because that 
section is substantially identical to section 5(c)(1)(B) and appears to 
have been included in the 2000 Amendments in error. The Department 
requests public comments on whether the regulations should accord any 
additional, independent effect to section 5(c)(2)(B).'' 67 FR 51441 
(Aug. 7, 2002). After further review, the Department has decided to 
delete those regulatory provisions purporting to implement section 
5(c)(2)(B) of the Act. The Department has concluded that section 
5(c)(2)(B) of the Act does not relate to the interpretation of chest x-
rays and that any attempt to link the statutory provision to chest x-
rays would be contrary to the plain meaning of the Act. As described in 
section 5(b)(5)(B), chest x-rays must be interpreted by a maximum of 
two NIOSH certified B readers. As such, section 5(c)(2)(B) has no 
relevance to the interpretation of chest x-rays and is merely 
repetitive of section 5(c)(1)(B), which addresses the conclusiveness to 
be afforded a written diagnosis made by a physician.

Section 79.57 Proof of Chronic Renal Disease; See Also 79.67

    Several commenters noted that the most common cause of chronic 
renal failure is diabetes. Diabetes occurs in approximately 10% of the 
entire population; it occurs in approximately 20% to 30% of the Native 
American population. A commenter from the Indian Health Service noted 
that the exclusion of diabetic individuals may dramatically affect the 
population of Navajo patients where the diabetes prevalence is quite 
high in comparison to Caucasian patients. Other commenters, including 
one from St. Mary's Saccomanno Research Center, suggested further study 
of the relationship between diabetes or diabetic nephropathy and 
chronic renal disease. After further review of this section, the 
Department has determined that diabetic claimants should not be treated 
differently than other claimants for purposes of establishing chronic 
renal disease. Rather, in evaluating all claims involving chronic renal 
disease, the Department will examine the relevant medical documentation 
and evaluate whether claimants developed chronic renal disease 
following employment as a miller or ore transporter. See Sec. Sec.  
79.52(c) and 79.62(c). Consequently, if any claimant, whether diabetic 
or not, suffered from chronic renal disease prior to employment as a 
miller or ore transporter, he or she would not be eligible for 
compensation.

Subpart G--Ore Transporters

Section 79.61 Definitions

    Section 79.61(e) Employment as an Ore Transporter
    One commenter argued that all aboveground miners who moved or 
carried uranium ore at a mine should be considered ``ore 
transporters.'' The regulations, however, may not collapse separate 
statutorily designated claimant categories. The statute provides that 
uranium miners, employed in an aboveground uranium mine, are eligible 
for compensation. See 42 U.S.C. 2210 (note), Sec. 5(a)(1) and Sec. 
5(b)(7). However, the statute requires that, to receive compensation as 
an ore transporter, an individual must be ``employed in the transport 
of uranium ore or vanadium-uranium ore from such mine or mill.'' Id. at 
5(a)(1)(A)(i). It is plain from this language that ore transporters are 
those individuals who transported ore away from a mine or mill rather 
than transported ore within a mine or mill. It would be inconsistent 
with the plain meaning of the Act for every individual who worked 
aboveground at the mine surface moving or carrying uranium ore to be 
considered an ore transporter. Consequently, those individuals employed 
in aboveground uranium mining activities will be considered aboveground 
miners for purposes of determining eligibility under the Act.
    Several commenters asked whether mechanics, mine road maintenance 
workers, and other shop workers would be classified as ore 
transporters. While the definitions of miner, miller, and ore 
transporter are drafted broadly, the extension of coverage to 
mechanics, mine road maintenance workers, and other shop workers would 
not be consistent with the Act. As reviewed above, ore transporters 
include individuals ``employed in the transport of uranium ore or 
vanadium-uranium ore'' from a mine or mill. See 42 U.S.C. 2210 (note), 
Sec. 5(a)(1)(A)(i).

[[Page 13632]]

Section 79.74 Representatives and Fees

    One commenter expressed the view that claimants and beneficiaries 
should have the ``option'' of hiring an attorney or filing by 
themselves. Nothing in the Act or regulations makes attorney 
representation mandatory. The regulatory provision provides: ``In 
submitting and presenting a claim to the Program, a claimant or 
beneficiary may, but need not, be represented by an attorney or by a 
representative of an Indian Tribe or tribal organization.'' Sec.  
79.74(a) (emphasis added). In fact, a majority of all claimants do not 
retain counsel, and most have successfully established their 
eligibility for compensation. The Program strives to provide assistance 
to claimants in obtaining documents to establish eligibility criteria.
    Another commenter asserted that the monetary penalty of $5,000 for 
attorneys who charge in excess of the Act's fee limitations is too low 
and that such attorneys should also be disqualified from filing RECA 
claims. The Department notes that the penalty for attorneys who charge 
in excess of the Act's fee arrangement is specified in Section 9(c) of 
the Act. The relevant regulatory provision (Sec.  79.74(b)(3)) merely 
implements this statutory mandate.
    In the event a claimant elects to retain an attorney, it is 
important to the Department that only duly qualified attorneys be 
permitted to assist RECA claimants. The attorney must be an active 
member in good standing of the bar of the highest court of the state, 5 
U.S.C. 500(b), which provides assurance that an attorney will be 
subject to oversight and disciplinary rules that will best guarantee 
faithful, ethical, and adequate representation of claimants and 
beneficiaries. In addition, the final regulation requires an attorney 
to submit a signed representation agreement, retainer agreement, fee 
agreement, or contract to the Department, authorizing the attorney to 
represent the claimant or beneficiary and acknowledging that the Act's 
fee limitations are satisfied.
    One commenter stated that the following language from the 
``Supplementary Information'' section of the proposed rule was 
confusing: ``The Department has determined generally not to permit non-
attorneys to represent claimants and beneficiaries before the 
Program.'' 67 FR 51441 (Aug. 7, 2002). Based on this language, the 
commenter requested whether he could, as a non-attorney, represent 
claimants before the Department for RECA benefits. The Department is of 
the view that claimants and beneficiaries would be best served by 
relying on the expertise and legal training of attorneys in cases where 
such claimants and beneficiaries determine it would be beneficial to 
use the services of a representative. The Department has revised this 
section in the final regulation in order to clarify the issue regarding 
non-attorney representation and the prohibition against permitting non-
attorneys to engage in the unauthorized practice of law. The final 
regulation provides that non-attorneys (other than representatives of 
an Indian Tribe or tribal organization) are not permitted to represent 
claimants or beneficiaries before the Program.
    Two commenters objected, however, to allowing representatives of an 
Indian Tribe or tribal organization to assist RECA claimants before the 
Department. One of the commenters argued that the Department is 
attempting to regulate non-lawyers, which would be outside the scope of 
the Act and constitute an inappropriate expansion of the statute. 
Actually, this exception to the rule prohibiting non-attorneys from 
representing claimants and beneficiaries before the Department is 
consistent with the Act's directive, contained in section 6(d)(5), 
which provides: ``Native American considerations. Any procedures under 
this subsection shall take into consideration and incorporate, to the 
fullest extent feasible, Native American law, tradition, and custom 
with respect to the submission and processing of claims by Native 
Americans.'' Refusing to allow representatives of Indian Tribes and 
tribal organizations to assist claimants and beneficiaries would fail 
to recognize the important role such tribal representatives 
traditionally play in representing claimants. These representatives 
have specialized knowledge and expertise with respect to the language, 
culture, and familial relationships of claimants. Such claimants would 
be unnecessarily disenfranchised without assistance from these 
representatives. Moreover, these services to members of Indian Tribes 
are provided by formally constructed organizations of the tribal 
government. These organizations are accountable to tribal authorities 
for responsibly fulfilling its duties in assisting claimants.
    Another commenter expressed confusion regarding the relevant fee 
structure when an attorney hires assistants or experts to work on a 
particular claim or claims. The ``Supplementary Information'' section 
at the beginning of the proposed rule explains: ``An attorney 
representative may hire, and make use of experts, aids, paralegals, and 
other persons who are not attorneys. The use of such assistants and 
experts, however, will not affect the fee limitations specified in the 
Act and in this proposed rule, which establish an overall limitation on 
the total amount of fees that a representative, along with his or her 
assistants and experts, may receive.'' 67 FR 51441 (Aug. 7, 2002). 
Accordingly, if an attorney is entitled to a 2% fee in the event of a 
successful claim, then the 2% fee limitation applies to the total 
amount paid to the attorney and any assistants, such as experts, aids, 
or paralegals, he or she has hired to work on the claimant's behalf.
    Several commenters argued that if ``costs'' must be absorbed by the 
attorney, regardless of the claim's outcome, this will have the 
unintended effect of prohibiting many deserving claimants from being 
able to document their claims. These commenters proposed that this 
section be amended so that the statutory fee limitations imposed on the 
payment that the attorney may receive for services rendered do not 
apply to reimbursement for certain costs and expenses that the attorney 
incurs. In particular, commenters urged that certain costs, including 
those costs incurred to obtain necessary medical testing specified in 
the Act, be reimbursable to the attorney. They also argued that 
attorneys will not take claims that may not succeed because they cannot 
afford to absorb the costs associated with preparing claims that are 
denied. Finally, the commenters speculated that failure to reimburse 
costs will result in a reduced number of attorneys willing to assist 
claimants, which will then create a subsequent increase in the number 
of denied claims due to lack of proper documentation.
    In regard to the issue of costs, the Department gave a great deal 
of consideration to the arguments asserted. Looking to the Act, section 
9(a) provides: ``Notwithstanding any contract, the representative of an 
individual may not receive, for services rendered in connection with 
the claim of an individual under this Act [this note], more than that 
percentage specified in subsection (b) of a payment made under this Act 
on such claim.'' (Emphasis added.) The Department construes the Act's 
plain language as including costs within the term ``services 
rendered.'' Because the costs of obtaining records are indispensable to 
providing legal services for RECA claimants, it is reasonable and 
practical to consider those costs as part of the ``services rendered in 
connection with a

[[Page 13633]]

claim of an individual under this Act.'' In determining eligibility, 
the Department conducts a pure record review of each claim submitted. 
The process is non-adversarial, there is no formal discovery, nor are 
there court appearances or other ``judicial'' procedures involved in 
pursuing a claim. Obtaining and submitting the documentation necessary 
to substantiate a claim is a large part of the ``service'' rendered to 
a client. Although most attorneys who submit claims perform valuable 
services, documentation is often gathered by the Department on behalf 
of claimants even in instances where the claimant has attorney 
representation. In nearly every uranium worker claim, regardless of 
whether there is attorney representation, the Department reviews the 
information supplied on the claim form (work history information for 
uranium worker or onsite participant claimants), then searches its 
database to confirm an individual's employment or contacts another 
agency for verification. For other claims, when a specified cancer 
diagnosis is reported on the claim form, the Department contacts the 
relevant state cancer registry to confirm the diagnosis. In some 
instances, sometimes for valid reason, claims filed by attorneys 
contain very little supporting documentation. To reimburse attorneys 
for costs in addition to the maximum statutory attorney fee will reduce 
the claimant's share of the award, many times without justification.
    With respect to the argument that fewer attorneys will be willing 
to assist claimants given the limitation on reimbursement of costs, the 
Department has taken a close look at the actual statistics for claims 
filed by attorneys under the Act. Since enactment of the 2000 
Amendments on July 10, 2000, claims filed by attorneys have decreased 
by less than 3%, too small an amount from which to infer a reduction in 
access to legal services. Moreover, the rate of approved claims during 
this period has increased from approximately 50% to more than 75%, 
reflecting the elimination of many hurdles to compensation that existed 
prior to the 2000 Amendments. The Department therefore is not convinced 
that claimants will be unable to find qualified legal assistance in 
filing their claims.
    The Department has revised Sec.  79.74(b)(3)(ii) of the rule by 
striking language applying the higher attorney fee limit (10%) to 
claims administratively appealed to the designated Appeals Officer 
pursuant to Sec.  79.73 of these regulations. Also stricken is the 
application of the higher fee for actions for review filed in United 
States District Court. It is the Department's position that the plain 
meaning of a ``resubmission of a denied claim'' as provided in section 
9(b)(2)(B) of the Act includes only those instances where a claim, 
previously denied by the Program, is resubmitted or re-filed with the 
Program. This revision is consistent with section 8(b) of the Act, 
permitting a claimant who has been denied compensation the opportunity 
to ``resubmit a claim for consideration by the Attorney General in 
accordance with this Act not more than three times.'' Considering both 
these sections together, the interpretation of the language contained 
in section 9 is clear. The ``resubmission of a denied claim,'' for 
which an attorney would be entitled (if the claim is successful) to the 
higher attorney fee, is limited specifically to those claims, after 
having been denied by the Program, that are subsequently re-filed with 
the Program.
    Regarding the text of the rule generally, the Department received 
other technical or administrative comments suggesting minor edits to 
the text. These comments were carefully considered and in many 
instances, the textual edits were adopted. In some cases, however, the 
Department declined to make the requested edits because they were 
inconsistent with the terms of the Act.

Discussion of Final Changes Related to the Appropriations Authorization 
Act

    This rule amends the list of compensable ``downwinder'' 
geographical areas to include a portion of Mohave County, Arizona, 
located north of the Grand Canyon. This geographical area, previously 
compensable under the original Radiation Exposure Compensation Act, was 
erroneously stricken as a compensable area under the 2000 Amendments 
and has been reinserted by the Appropriations Authorization Act.
    The rule also clarifies the requirement that lung cancer be 
``primary'' for all claimant categories. The 2000 Amendments added 
``lung cancer'' as a covered disease for downwinder and onsite 
participant claimants. It was unclear whether this illness had to be 
diagnosed as ``primary'' for purposes of compensation of these 
claimants. The Appropriations Authorization Act clarified this issue by 
including ``lung cancer'' within the list of primary cancers for 
downwinders and onsite participants, the onset of which must have 
occurred at least five years after first exposure.
    In addition, this rule allows a uranium miner to satisfy the 
radiation exposure requirement by demonstrating at least 12 months of 
employment in uranium mining as an alternative to satisfying a 
radiation level exposure standard. The 2000 Amendments added miller and 
ore transporters as new claimant categories and required that they 
satisfy a 12-month duration of employment standard; however, the 2000 
Amendments did not extend this method of establishing exposure to 
uranium miners. The Appropriations Authorization Act remedies this 
disparity among the uranium worker claimants.
    This rule also removes the statutory requirement that written 
medical documentation relevant to establishing a nonmalignant 
respiratory disease also be provided to establish lung cancer in the 
case of living claimants. The 2000 Amendments required identical forms 
of medical evidence to establish proof of a nonmalignant respiratory 
disease and lung cancer. Because of the recognizable differences 
between these two illnesses, however, it was difficult for those 
individuals diagnosed with lung cancer to satisfy this requirement. The 
Appropriations Authorization Act remedies the problem caused by this 
apparent draftsmanship error and eliminates the requirement that living 
claimants diagnosed with lung cancer submit the same medical 
documentation as claimants with a nonmalignant respiratory disease. The 
rule reflects this change.
    Finally, the Appropriations Authorization Act strikes restrictive 
language requiring new uranium mining states to contain an ``Atomic 
Energy Commission'' uranium mine in order to be eligible for coverage; 
the rule incorporates this change as well.

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reason: The claimant population benefited by these regulations is 
limited to individuals who developed a specified illness following 
exposure to radiation related to the Federal Government's atmospheric 
nuclear weapons program or as a result of employment in the uranium 
production industry. The regulations set forth eligibility criteria 
that claimants must satisfy in order to receive compensation. They will 
have no impact on small businesses.

[[Page 13634]]

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b), 
Principles of Regulation. The compensation payments provided for by the 
Radiation Exposure Compensation Act, the 2000 Amendments, and the 
Appropriations Authorization Act and implemented by this rule will 
exceed $100,000,000 a year for several years. Because of the aggregate 
size of these payments to eligible individuals, the Office of 
Management and Budget has determined that this rule is ``economically 
significant'' as defined by section 3(f)(1) of Executive Order 12866. 
Accordingly, this rule has been reviewed by OMB.
    This rule will not adversely affect the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities. Rather, the RECA system is an administrative compensation 
program that serves to provide payments to individuals who meet the 
eligibility requirements of the Act and implementing regulations. 
Accordingly, qualifying individuals receive monetary compensation for 
certain diseases they developed following exposure to radiation under 
the conditions set forth in the rule.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice 
Reform.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    The compensation payments provided for by the Radiation Exposure 
Compensation Act, the 2000 Amendments, and the Appropriations 
Authorization Act and implemented by this rule will exceed $100,000,000 
a year for several years. Because of the aggregate size of these 
payments to eligible individuals, the Office of Management and Budget 
has determined that this rule is a ``major rule'' as defined by section 
251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 
5 U.S.C. 804.
    However, this rule will not result in a major increase in costs or 
prices or have significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based companies to compete with foreign-based companies in 
domestic and export markets. Rather, the RECA system is an 
administrative compensation program that serves to provide payments to 
individuals who meet the eligibility requirements of the Act and 
implementing regulations. Accordingly, qualifying individuals receive 
monetary compensation for certain diseases they developed following 
exposure to radiation under the conditions set forth in the rule.
    Further, this rule merely conforms Department regulations to the 
Appropriations Authorization Act, makes other technical changes, and 
following a period of public notice and comment, implements the 2000 
Amendments with respect to the two new claimant categories. For the 
foregoing reasons, the Department finds that it would be unnecessary 
and contrary to the public interest for the effectiveness of this rule 
to be deferred for the time specified by 5 U.S.C. 801. Accordingly, the 
Department invokes the exception allowed by 5 U.S.C. 808 and determines 
that this rule should take effect on April 22, 2004, as set forth above 
in the DATES section.

Paperwork Reduction Act

    Information collection associated with this regulation has been 
approved by the Office of Management and Budget under the provisions of 
the Paperwork Reduction Act of 1995. The OMB control number for this 
collection is 1105-0052.

List of Subjects in 28 CFR Part 79

    Administrative practice and procedure, Authority delegations 
(Government agencies), Cancer, Claims, Radiation Exposure Compensation 
Act, Radioactive materials, Reporting and recordkeeping requirements, 
Uranium, Uranium mining.


0
Accordingly, Part 79 of Chapter I of Title 28 of the Code of Federal 
Regulations is revised to read as follows:

PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT

Subpart A--General
Sec.
79.1 Purpose.
79.2 General definitions.
79.3 Compensable claim categories under the Act.
79.4 Determination of claims and affidavits.
79.5 Requirements for medical documentation, contemporaneous 
records, and other records or documents.
Subpart B--Eligibility Criteria for Claims Relating to Leukemia
79.10 Scope of subpart.
79.11 Definitions.
79.12 Criteria for eligibility for claims relating to leukemia.
79.13 Proof of physical presence for the requisite period and proof 
of participation onsite during a period of atmospheric nuclear 
testing.
79.14 Proof of initial exposure prior to age 21.
79.15 Proof of onset of leukemia more than two years after first 
exposure.
79.16 Proof of medical condition.
Subpart C--Eligibility Criteria for Claims Relating to Certain 
Specified Diseases Contracted After Exposure in an Affected Area 
(``Downwinders'')
79.20 Scope of subpart.
79.21 Definitions.
79.22 Criteria for eligibility for claims relating to certain 
specified diseases contracted after exposure in an affected area 
(``downwinders'').
79.23 Proof of physical presence for the requisite period.
79.24 Proof of initial or first exposure after age 20 for claims 
under Sec.  79.22(b)(1).
79.25 Proof of onset of leukemia at least two years after first 
exposure, and proof of onset of a specified compensable disease more 
than five years after first exposure.
79.26 Proof of medical condition.
79.27 Indication of the presence of hepatitis B or cirrhosis.
Subpart D--Eligibility Criteria for Claims by Onsite Participants
79.30 Scope of subpart.
79.31 Definitions.
79.32 Criteria for eligibility for claims by onsite participants.
79.33 Proof of participation onsite during a period of atmospheric 
nuclear testing.
79.34 Proof of medical condition.
79.35 Proof of onset of leukemia at least two years after first 
exposure, and proof of onset of a specified compensable disease more 
than five years after first exposure.
79.36 Indication of the presence of hepatitis B or cirrhosis.

[[Page 13635]]

Subpart E--Eligibility Criteria for Claims by Uranium Miners
79.40 Scope of subpart.
79.41 Definitions.
79.42 Criteria for eligibility for claims by miners.
79.43 Proof of employment as a miner.
79.44 Proof of working level month exposure to radiation.
79.45 Proof of primary lung cancer.
79.46 Proof of nonmalignant respiratory disease.
Subpart F--Eligibility Criteria for Claims by Uranium Millers
79.50 Scope of subpart.
79.51 Definitions.
79.52 Criteria for eligibility for claims by uranium millers.
79.53 Proof of employment as a miller.
79.54 Proof of primary lung cancer.
79.55 Proof of nonmalignant respiratory disease.
79.56 Proof of primary renal cancer.
79.57 Proof of chronic renal disease.
Subpart G--Eligibility Criteria for Claims by Ore Transporters
79.60 Scope of subpart.
79.61 Definitions.
79.62 Criteria for eligibility for claims by ore transporters.
79.63 Proof of employment as an ore transporter.
79.64 Proof of primary lung cancer.
79.65 Proof of nonmalignant respiratory disease.
79.66 Proof of primary renal cancer.
79.67 Proof of chronic renal disease.
Subpart H--Procedures
79.70 Attorney General's delegation of authority.
79.71 Filing of claims.
79.72 Review and resolution of claims.
79.73 Appeals procedures.
79.74 Representatives and attorney's fees.
79.75 Procedures for payment of claims.
Appendix A to Part 79--FVC and FEV-1 Lower Limits of Normal Values
Appendix B to Part 79--Blood Gas Study Tables
Appendix C to Part 79--Radiation Exposure Compensation Act Offset 
Worksheet--On Site Participants

    Authority: Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat. 
920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501 
and sec. 11007, Pub. L. 107-273, 116 Stat. 1758 (42 U.S.C. 2210 
note; 5 U.S.C. 500(b)).

Subpart A--General


Sec.  79.1  Purpose.

    The purpose of the regulations in this part is to implement the 
Radiation Exposure Compensation Act (``Act''), as amended by the 
Radiation Exposure Compensation Act Amendments of 2000 (``2000 
Amendments'') and by the 21st Century Department of Justice 
Appropriations Authorization Act (``Appropriations Authorization 
Act''). The Act authorizes the Attorney General of the United States to 
establish procedures for making certain payments to qualifying 
individuals who contracted one of the diseases listed in the Act. The 
amount of each payment and a general statement of the qualifications 
are indicated in Sec.  79.3(a). The procedures established in this part 
are designed to utilize existing records so that claims can be resolved 
in a reliable, objective, and non-adversarial manner, quickly and with 
little administrative cost to the United States or to the person filing 
the claim.


Sec.  79.2  General definitions.

    (a) Act means the Radiation Exposure Compensation Act, Public Law 
101-426, as amended by sections 3139 and 3140 of Public Law 101-510, 
the Radiation Exposure Compensation Act Amendments of 2000, Public Law 
106-245 (see 42 U.S.C. 2210 note), and the 21st Century Department of 
Justice Appropriations Authorization Act, Public Law 107-273.
    (b) Child means a recognized natural child of the claimant, a 
stepchild who lived with the claimant in a regular parent-child 
relationship, or an adopted child of the claimant.
    (c) Claim means a petition for compensation under the Act filed 
with the Radiation Exposure Compensation Program by a claimant or by 
his or her eligible surviving beneficiary or beneficiaries.
    (d) Claimant means the individual, living or deceased, who is 
alleged to satisfy the criteria for compensation set forth either in 
section 4 or in section 5 of the Act.
    (e) Contemporaneous record means any document created at or around 
the time of the event that is recorded in the document.
    (f) Eligible surviving beneficiary means a spouse, child, parent, 
grandchild or grandparent who is entitled under section 6(c)(4)(A) or 
(B) of the Act to file a claim or receive a payment on behalf of a 
deceased claimant.
    (g) Grandchild means a child of a child of the claimant.
    (h) Grandparent means a parent of a parent of the claimant.
    (i) Immediate family member of a person means a spouse or child if 
the person is an adult; but if the person is a minor, immediate family 
member means a parent.
    (j) Indian Tribe means any Indian Tribe, band, nation, pueblo, or 
other organized group or community that is recognized as eligible for 
special programs and services provided by the United States to Indian 
Tribes.
    (k) Medical document, documentation, or record means any 
contemporaneous record of any physician, hospital, clinic, or other 
certified or licensed health care provider, or any other records 
routinely and reasonably relied on by physicians in making a diagnosis.
    (l) Onset or incidence of a specified compensable disease means the 
date a physician first diagnosed the disease.
    (m) Parent means the natural or adoptive father or mother of the 
claimant.
    (n) Program or Radiation Exposure Compensation Program means the 
component of the Constitutional and Specialized Torts Litigation 
Section of the Torts Branch of the Civil Division of the United States 
Department of Justice designated by the Attorney General to execute the 
powers, duties, and responsibilities assigned to the Attorney General 
pursuant to pertinent provisions of the Act.
    (o) Spouse means a wife or husband who was married to the claimant 
for a period of at least one (1) year immediately before the death of 
the claimant.
    (p) Tribal organization means any formally organized group or other 
entity that is chartered, registered or sponsored by an Indian Tribe to 
perform duties for an Indian Tribe and is accountable for its actions 
to the tribal government.
    (q) Trust Fund or Fund means the Radiation Exposure Compensation 
Trust Fund in the Department of the Treasury, administered by the 
Secretary of the Treasury pursuant to section 3 of the Act.


Sec.  79.3  Compensable claim categories under the Act.

    (a) In order to receive a compensation payment, each claimant or 
eligible surviving beneficiary must establish that the claimant meets 
each and every criterion of eligibility for at least one of the 
following compensable categories designated in the Act:
    (1) Claims of leukemia. (i) For persons exposed to fallout from the 
atmospheric detonation of nuclear devices at the Nevada Test Site due 
to their physical presence in an affected area during a designated time 
period, the amount of compensation is $50,000.
    (ii) For persons exposed to fallout from the atmospheric detonation 
of nuclear devices due to their participation onsite in a test 
involving the atmospheric detonation of a nuclear device, the amount of 
compensation is $75,000. The regulations governing these claims are set 
forth in subpart B of this part.
    (2) Claims related to the Nevada Test Site fallout. For persons who 
contracted

[[Page 13636]]

certain specified diseases after being exposed to fallout from the 
atmospheric detonation of nuclear devices at the Nevada Test Site due 
to their physical presence in an affected area during a designated time 
period, the amount of compensation is $50,000. The regulations 
governing these claims are set forth in subpart C of this part.
    (3) Claims of onsite participants. For persons who contracted 
certain specified diseases after onsite participation in the 
atmospheric detonation of a nuclear device, the amount of compensation 
is $75,000. The regulations governing these claims are set forth in 
subpart D of this part.
    (4) Miners' claims. For persons who contracted lung cancer or 
certain nonmalignant respiratory diseases after being employed in 
uranium mines located in specified states during the designated time 
period who were exposed to a specified minimum level of radiation 
during the course of their employment or worked for at least one year 
(12 consecutive or cumulative months) in a uranium mine in specified 
states during the designated time period, the amount of compensation is 
$100,000. The regulations governing these claims are set forth in 
subpart E of this part.
    (5) Millers' claims. For persons who contracted lung cancer, 
certain nonmalignant respiratory diseases, renal cancer, or chronic 
renal disease (including nephritis and kidney tubal tissue injury) 
following employment for at least one year (12 consecutive or 
cumulative months) in a uranium mill in specified states during the 
designated time period, the amount of compensation is $100,000. The 
regulations governing these claims are set forth in subpart F of this 
part.
    (6) Ore transporters' claims. For persons who contracted lung 
cancer, certain nonmalignant respiratory diseases, renal cancer, or 
chronic renal disease (including nephritis and kidney tubal tissue 
injury) following employment for at least one year (12 consecutive or 
cumulative months) as a transporter of uranium ore or vanadium-uranium 
ore from a uranium mine or uranium mill located in specified states 
during the designated time period, the amount of compensation is 
$100,000. The regulations governing these claims are set forth in 
subpart G of this part.
    (b) Any claim that does not meet all the criteria for at least one 
of these categories, as set forth in paragraph (a) of this section, 
must be denied.
    (c) All claims for compensation under the Act must comply with the 
claims procedures and requirements set forth in subpart H of this part 
before any payment can be made from the Fund.


Sec.  79.4  Determination of claims and affidavits.

    (a) The claimant, eligible surviving beneficiary, or beneficiaries 
bear the burden of providing evidence of the existence of each element 
necessary to establish eligibility under any compensable claim category 
set forth in Sec.  79.3(a).
    (b) In the event that reasonable doubt exists with regard to 
whether a claim meets the requirements of the Act, that doubt shall be 
resolved in favor of the claimant or eligible surviving beneficiary.
    (c) Written affidavits or declarations, subject to penalty for 
perjury, will be accepted only for the following purposes:
    (1) To establish eligibility of family members as set forth in 
Sec.  79.71(e), (f), (g), (h), or (i);
    (2) To establish other compensation received as set forth in Sec.  
79.75(c) or (d);
    (3) To establish employment in a uranium mine, mill or as an ore 
transporter on the standard claim form in the manner set forth in 
Sec. Sec.  79.43(d), 79.53(d) and 79.63(d), respectively; and
    (4) To substantiate the claimant's uranium mining employment 
history for purposes of determining working level months of radiation 
exposure by providing the types of information set forth in Sec.  
79.43(d), so long as the affidavit or declaration:
    (i) Is provided in addition to any other material that may be used 
to substantiate the claimant's employment history as set forth in Sec.  
79.43;
    (ii) Is made subject to penalty for perjury;
    (iii) Attests to the employment history of the claimant; and
    (iv) Is made by a person other than the individual filing the 
claim.


Sec.  79.5  Requirements for medical documentation, contemporaneous 
records, and other records or documents.

    (a) All medical documentation, contemporaneous records, and other 
records or documents submitted by a claimant or eligible surviving 
beneficiary to prove any criterion provided for in this part must be 
originals, or certified copies of the originals, unless it is 
impossible to obtain an original or certified copy of the original. If 
it is impossible for a claimant to provide an original or certified 
copy of an original, the claimant or eligible surviving beneficiary 
must provide a written statement with the uncertified copy setting 
forth the reason why it is impossible to provide an original or a 
certified copy of an original.
    (b) All documents submitted by a claimant or eligible surviving 
beneficiary must bear sufficient indicia of authenticity or a 
sufficient guarantee of trustworthiness. The Program shall not accept 
as proof of any criterion of eligibility any document that does not 
bear sufficient indicia of authenticity, or is in such a physical 
condition, or contains such information, that otherwise indicates the 
record or document is not reliable or trustworthy. When a record or 
document is not accepted by the Program under this section, the 
claimant or eligible surviving beneficiary shall be notified and 
afforded the opportunity to submit additional documentation in 
accordance with Sec.  79.72(b) or (c).
    (c) To establish eligibility the claimant or eligible surviving 
beneficiary may be required to provide additional records to the extent 
they exist. Nothing in this section shall be construed to limit the 
Assistant Director's (specified in Sec.  79.70(a)) ability to require 
additional documentation.

Subpart B--Eligibility Criteria for Claims Relating to Leukemia


Sec.  79.10  Scope of subpart.

    The regulations in this subpart describe the criteria for 
eligibility for compensation under section 4(a)(1) of the Act and the 
evidence that will be accepted as proof of the various eligibility 
criteria. Section 4(a)(1) of the Act provides for a payment of $50,000 
to individuals exposed to fallout from the detonation of atmospheric 
nuclear devices at the Nevada Test Site due to their physical presence 
in an affected area during a designated time period and who later 
developed leukemia, and $75,000 to individuals who participated onsite 
in a test involving the atmospheric detonation of a nuclear device and 
who later developed leukemia.


Sec.  79.11  Definitions.

    (a) Affected area means one of the following geographical areas, as 
they were recognized by the state in which they are located, as of July 
10, 2000:
    (1) In the State of Utah, the counties of Beaver, Garfield, Iron, 
Kane, Millard, Piute, San Juan, Sevier, Washington, and Wayne;
    (2) In the State of Nevada, the counties of Eureka, Lander, 
Lincoln, Nye, White Pine, and that portion of Clark County that 
consists of townships 13 through 16 at ranges 63 through 71;
    (3) In the State of Arizona, the counties of Coconino, Yavapai, 
Navajo,

[[Page 13637]]

Apache, Gila, and that part of Arizona that is north of the Grand 
Canyon.
    (b) Atmospheric detonation of a nuclear device means only a test 
conducted by the United States prior to January 1, 1963, as listed in 
Sec.  79.31(d).
    (c) Designated time period means the period beginning on January 
21, 1951, and ending on October 31, 1958, or the period beginning on 
June 30, 1962, and ending on July 31, 1962, whichever is applicable.
    (d) First exposure or initial exposure means the date on which the 
claimant was first physically present in the affected area during the 
designated time period, or the date on which the claimant first 
participated onsite in an atmospheric detonation of a nuclear device, 
whichever is applicable.
    (e) Leukemia means any medically recognized form of acute or 
chronic leukemia other than chronic lymphocytic leukemia.
    (f) Onsite means physical presence above or within the official 
boundaries of any of the following locations:
    (1) The Nevada Test Site (NTS), Nevada;
    (2) The Pacific Test Sites (Bikini Atoll, Enewetak Atoll, Johnston 
Island, Christmas Island, the test site for the shot during Operation 
Wigwam, the test site for Shot Yucca during Operation Hardtack I, and 
the test sites for Shot Frigate Bird and Shot Swordfish during 
Operation Dominic I) and the official zone around each site from which 
non-test affiliated ships were excluded for security and safety 
purposes;
    (3) The Trinity Test Site (TTS), New Mexico;
    (4) The South Atlantic Test Site for Operation Argus and the 
official zone around the site from which non-test affiliated ships were 
excluded for security and safety purposes;
    (5) Any designated location within a Naval Shipyard, Air Force 
Base, or other official government installation where ships, aircraft, 
or other equipment used in an atmospheric nuclear detonation were 
decontaminated; or
    (6) Any designated location used for the purpose of monitoring 
fallout from an atmospheric nuclear test conducted at the Nevada Test 
Site.
    (g) Participant means an individual--
    (1) Who was:
    (i) A member of the armed forces;
    (ii) A civilian employee or contract employee of the Manhattan 
Engineer District, the Armed Forces Special Weapons Project, the 
Defense Atomic Support Agency, the Defense Nuclear Agency, or the 
Department of Defense or its components or agencies or predecessor 
components or agencies;
    (iii) An employee or contract employee of the Atomic Energy 
Commission, the Energy Research and Development Administration, or the 
Department of Energy;
    (iv) A member of the Federal Civil Defense Administration or the 
Office of Civil and Defense Mobilization; or
    (v) A member of the United States Public Health Service; and
    (2) Who:
    (i) Performed duties within the identified operational area around 
each atmospheric detonation of a nuclear device;
    (ii) Participated in the decontamination of any ships, planes, or 
equipment used during the atmospheric detonation of a nuclear device;
    (iii) Performed duties as a cloud tracker or cloud sampler;
    (iv) Served as a member of the garrison or maintenance forces on 
the atoll of Enewetak between June 21, 1951, and July 1, 1952; between 
August 7, 1956, and August 7, 1957; or between November 1, 1958, and 
April 30, 1959; or
    (v) Performed duties as a member of a mobile radiological safety 
team monitoring the pattern of fallout from an atmospheric detonation 
of a nuclear device.
    (h) Period of atmospheric nuclear testing means any of the periods 
associated with each test operation specified in Sec.  79.31(d), plus 
an additional six-month period thereafter.
    (i) Physically present (or physical presence) means present (or 
presence) for a substantial period of each day.


Sec.  79.12  Criteria for eligibility for claims relating to leukemia.

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary must establish each of the 
following:
    (a)(1) That the claimant was physically present at any place within 
the affected area for a period of at least one year (12 consecutive or 
cumulative months) during the period beginning on January 21, 1951, and 
ending on October 31, 1958;
    (2) That the claimant was physically present at any place within 
the affected area for the entire, continuous period beginning on June 
30, 1962, and ending on July 31, 1962; or
    (3) That the claimant was present onsite at any time during a 
period of atmospheric nuclear testing and was a participant during that 
period in the atmospheric detonation of a nuclear device;
    (b) That after such period of physical presence or onsite 
participation the claimant contracted leukemia;
    (c) That the claimant's initial exposure occurred prior to age 21; 
and
    (d) That the onset of the leukemia occurred more than two years 
after the date of the claimant's first exposure to fallout.


Sec.  79.13  Proof of physical presence for the requisite period and 
proof of participation onsite during a period of atmospheric nuclear 
testing.

    (a) Proof of physical presence may be made by the submission of any 
trustworthy contemporaneous record that, on its face or in conjunction 
with other such records, establishes that the claimant was present in 
the affected area for the requisite period during the designated time 
period. Examples of such records include:
    (1) Records of the federal government (including verified 
information submitted for a security clearance), any tribal government, 
or any state, county, city or local governmental office, agency, 
department, board or other entity, or other public office or agency;
    (2) Records of any accredited public or private educational 
institution;
    (3) Records of any private utility licensed or otherwise approved 
by any governmental entity, including any such utility providing 
telephone services;
    (4) Records of any public or private library;
    (5) Records of any state or local historical society;
    (6) Records of any religious organization;
    (7) Records of any regularly conducted business activity or entity;
    (8) Records of any recognized civic or fraternal association or 
organization; and
    (9) Medical records created during the designated time period.
    (b) Proof of physical presence by contemporaneous records may also 
be made by submission of original postcards and envelopes from letters 
(not copies) addressed to the claimant or an immediate family member 
during the designated time period that bear a postmark and a cancelled 
stamp(s).
    (c) The Program will presume that an individual who resided or was 
employed on a full-time basis within the affected area was physically 
present during the time period of residence or full-time employment.
    (d) For purposes of establishing eligibility under Sec.  
79.12(a)(1), the Program will presume that proof of a claimant's 
residence at one or more addresses or proof of full-time employment at 
one location within the affected area on any two dates less than three 
years apart during the period beginning on January 21, 1951, and ending 
on October 31, 1958, establishes the claimant's presence within the

[[Page 13638]]

affected area for the period between the two dates reflected in the 
documentation submitted as proof of presence.
    (e) For purposes of establishing eligibility under Sec.  
79.12(a)(1), the Program will presume that proof of residence at one or 
more addresses or proof of full-time employment at one location within 
the affected area on two dates, one of which is before January 21, 
1951, and another of which is within the specified time period, 
establishes the claimant's presence in the affected area between 
January 21, 1951, and the date within the specified time period, 
provided the dates are not more than three years apart.
    (f) For purposes of establishing eligibility under Sec.  
79.12(a)(1), the Program will presume that proof of residence at one or 
more addresses or proof of full-time employment at one location within 
the affected area on two dates, one of which is after October 31, 1958, 
and another of which is within the specified time period, establishes 
the claimant's presence in the affected area between the date within 
the specified time period and October 31, 1958, provided the dates are 
not more than three years apart.
    (g) For purposes of establishing eligibility under Sec.  
79.12(a)(2), the Program will presume that proof of residence or proof 
of full-time employment within the affected area at least one day 
during the period beginning June 30, 1962, and ending July 31, 1962, 
and proof of residence or proof of full-time employment at the same 
address or location within six months before June 30, 1962, and six 
months after July 31, 1962, establishes the claimant's physical 
presence for the necessary one-month-and-one-day period.
    (h) For purposes of establishing eligibility under Sec.  
79.12(a)(2), the Program will presume that proof of residence or full-
time employment at the same address or location on two separate dates 
at least 14 days apart within the time period beginning June 30, 1962, 
and ending July 31, 1962, establishes the claimant's physical presence 
for the necessary one-month-and-one-day period.
    (i) For purposes of establishing eligibility under Sec.  
79.12(a)(3), the claimant must establish, in accordance with Sec.  
79.33, that he or she participated onsite in the atmospheric detonation 
of a nuclear device.


Sec.  79.14  Proof of initial exposure prior to age 21.

    (a) Proof of the claimant's date of birth must be established by 
the submission of any of the following:
    (1) Birth certificate;
    (2) Baptismal certificate;
    (3) Tribal records; or
    (4) Hospital records of birth.
    (b) Absent any indication to the contrary, the Program will assume 
that the earliest date within the designated time period indicated on 
any records accepted by the Program as proof of the claimant's physical 
presence in the affected area or participation during a period of 
atmospheric nuclear testing was also the date of initial exposure.


Sec.  79.15  Proof of onset of leukemia more than two years after first 
exposure.

    The Program will presume that the date of onset was the date of 
diagnosis as indicated in the medical documentation accepted by the 
Program as proof of the claimant's leukemia. The date of onset must be 
more than two years after the date of first exposure as determined 
under Sec.  79.14(b).


Sec.  79.16  Proof of medical condition.

    (a) Medical documentation is required in all cases to prove that 
the claimant suffered from or suffers from leukemia. Proof that the 
claimant contracted leukemia must be made either by using the procedure 
outlined in paragraph (b) of this section or by submitting the 
documentation required in paragraph (c) of this section.
    (b) If a claimant was diagnosed as having leukemia in Arizona, 
Colorado, Nevada, New Mexico, Utah or Wyoming, the claimant or eligible 
surviving beneficiary need not submit any medical documentation of 
disease at the time the claim is filed (although medical documentation 
may subsequently be required). Instead, the claimant or eligible 
surviving beneficiary must submit with the claim an Authorization To 
Release Medical and Other Information, valid in the state of diagnosis, 
that authorizes the Program to contact the appropriate state cancer or 
tumor registry. The Program will accept as proof of medical condition 
verification from the state cancer or tumor registry that it possesses 
medical records or abstracts of medical records of the claimant that 
contain a verified diagnosis of one type of leukemia. If the designated 
state does not possess medical records or abstracts of medical records 
that contain a verified diagnosis of leukemia, the Radiation Exposure 
Compensation Program will notify the claimant or eligible surviving 
beneficiary and afford that individual the opportunity to submit the 
medical documentation required in paragraph (c) of this section, in 
accordance with the provisions of Sec.  79.72(b).
    (c)(1) Proof that the claimant contracted leukemia may be made by 
the submission of one or more of the following contemporaneous medical 
records provided that the specified document contains an explicit 
statement of diagnosis or such other information or data from which 
appropriate authorities at the National Cancer Institute can make a 
diagnosis of leukemia to a reasonable degree of medical certainty:
    (i) Bone marrow biopsy or aspirate report;
    (ii) Peripheral white blood cell differential count report;
    (iii) Autopsy report;
    (iv) Hospital discharge summary;
    (v) Physician summary report;
    (vi) History and physical report; or
    (vii) Death certificate, provided that it is signed by a physician 
at the time of death.
    (2) If the medical record submitted does not contain sufficient 
information or data to make such a diagnosis, the Program will notify 
the claimant or eligible surviving beneficiary and afford that 
individual the opportunity to submit additional medical records 
identified in this paragraph, in accordance with the provisions of 
Sec.  79.72(b). Any such additional medical documentation submitted 
must also contain sufficient information from which appropriate 
authorities at the National Cancer Institute can determine the type of 
leukemia contracted by the claimant.

Subpart C--Eligibility Criteria for Claims Relating to Certain 
Specified Diseases Contracted After Exposure in an Affected Area 
(``Downwinders'')


Sec.  79.20  Scope of subpart.

    The regulations in this subpart describe the criteria for 
eligibility for compensation under sections 4(a)(2) (A) and (B) of the 
Act and the evidence that will be accepted as proof of the various 
eligibility criteria. Sections 4(a)(2) (A) and (B) of the Act provide 
for a payment of $50,000 to individuals who were exposed to fallout 
from the atmospheric detonation of nuclear devices at the Nevada Test 
Site due to their physical presence in an affected area during a 
designated time period and who later developed one or more specified 
compensable diseases.


Sec.  79.21  Definitions.

    (a) The definitions listed in Sec.  79.11 (a) through (e) and (i) 
apply to this subpart.

[[Page 13639]]

    (b) Indication of disease means any medically significant 
information that suggests the presence of a disease, whether or not the 
presence of the disease is later confirmed.
    (c) Leukemia, chronic lymphocytic leukemia, multiple myeloma, 
lymphomas, Hodgkin's disease, primary cancer of the thyroid, primary 
cancer of the male breast, primary cancer of the female breast, primary 
cancer of the esophagus, primary cancer of the stomach, primary cancer 
of the pharynx, primary cancer of the small intestine, primary cancer 
of the pancreas, primary cancer of the bile ducts, primary cancer of 
the gallbladder, primary cancer of the salivary gland, primary cancer 
of the urinary bladder, primary cancer of the brain, primary cancer of 
the colon, primary cancer of the ovary, primary cancer of the liver, 
and primary cancer of the lung mean the physiological conditions that 
are recognized by the National Cancer Institute under those names or 
nomenclature, or under any previously accepted or commonly used names 
or nomenclature.
    (d) Specified compensable diseases means leukemia (other than 
chronic lymphocytic leukemia), provided that initial exposure occurred 
after the age of 20 and that the onset of the disease was at least two 
years after first exposure, and the following diseases, provided onset 
was at least five years after first exposure: multiple myeloma; 
lymphomas (other than Hodgkin's disease); and primary cancer of the 
thyroid, male or female breast, esophagus, stomach, pharynx, small 
intestine, pancreas, bile ducts, gallbladder, salivary gland, urinary 
bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B 
is indicated), or lung.


Sec.  79.22  Criteria for eligibility for claims relating to certain 
specified diseases contracted after exposure in an affected area 
(``downwinders'').

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary must establish each of the 
following:
    (a)(1) That the claimant was physically present at any place within 
the affected area for a period of at least two years (24 consecutive or 
cumulative months) during the period beginning on January 21, 1951, and 
ending on October 31, 1958; or
    (2) That the claimant was physically present at any place within 
the affected area for the entire, continuous period beginning on June 
30, 1962, and ending on July 31, 1962; and
    (b) That after such period of physical presence the claimant 
contracted one of the following specified compensable diseases:
    (1) Leukemia (other than chronic lymphocytic leukemia), provided 
that:
    (i) The claimant's initial exposure occurred after the age of 20; 
and
    (ii) The onset of the disease occurred at least two years after 
first exposure;
    (2) Multiple myeloma, provided onset occurred at least five years 
after first exposure;
    (3) Lymphomas, other than Hodgkin's disease, provided onset 
occurred at least five years after first exposure;
    (4) Primary cancer of the thyroid, provided onset occurred at least 
five years after first exposure;
    (5) Primary cancer of the male or female breast, provided onset 
occurred at least five years after first exposure;
    (6) Primary cancer of the esophagus, provided onset occurred at 
least five years after first exposure;
    (7) Primary cancer of the stomach, provided onset occurred at least 
five years after first exposure;
    (8) Primary cancer of the pharynx, provided onset occurred at least 
five years after first exposure;
    (9) Primary cancer of the small intestine, provided onset occurred 
at least five years after first exposure;
    (10) Primary cancer of the pancreas, provided onset occurred at 
least five years after first exposure;
    (11) Primary cancer of the bile ducts, provided onset occurred at 
least five years after first exposure;
    (12) Primary cancer of the gallbladder, provided onset occurred at 
least five years after first exposure;
    (13) Primary cancer of the salivary gland, provided onset occurred 
at least five years after first exposure;
    (14) Primary cancer of the urinary bladder, provided onset occurred 
at least five years after first exposure;
    (15) Primary cancer of the brain, provided onset occurred at least 
five years after first exposure;
    (16) Primary cancer of the colon, provided onset occurred at least 
five years after first exposure;
    (17) Primary cancer of the ovary, provided onset occurred at least 
five years after first exposure;
    (18) Primary cancer of the liver, provided,
    (i) Onset occurred at least five years after first exposure;
    (ii) There is no indication of the presence of hepatitis B; and
    (iii) There is no indication of the presence of cirrhosis; or
    (19) Primary cancer of the lung, provided onset occurred at least 
five years after first exposure.


Sec.  79.23  Proof of physical presence for the requisite period.

    (a) Proof of physical presence for the requisite period may be made 
in accordance with the provisions of Sec.  79.13(a) and (b). An 
individual who resided or was employed on a full-time basis within the 
affected area is presumed to have been physically present during the 
time period of residence or full-time employment.
    (b) For purposes of establishing eligibility under Sec.  
79.22(a)(1), the Program will presume that proof of residence at one or 
more addresses or proof of full-time employment at one location within 
the affected area on any two dates less than three years apart, during 
the period beginning on January 21, 1951, and ending on October 31, 
1958, establishes the claimant's presence within the affected area for 
the period between the two dates reflected in the documentation 
submitted as proof of presence.
    (c) For purposes of establishing eligibility under Sec.  
79.22(a)(1), the Program will presume that proof of residence at one or 
more addresses or proof of full-time employment at one location within 
the affected area on two dates, one of which is before January 21, 
1951, and another of which is within the specified time period, 
establishes the claimant's presence in the affected area between 
January 21, 1951, and the date within the specified time period, 
provided the dates are not more than three years apart.
    (d) For purposes of establishing eligibility under Sec.  
79.22(a)(1), the Program will presume that proof of residence at one or 
more addresses or proof of full-time employment at one location within 
the affected area on two dates, one of which is after October 31, 1958, 
and another of which is within the specified time period, establishes 
the claimant's presence in the affected area between the date within 
the specified time period and October 31, 1958, provided the dates are 
not more than three years apart.
    (e) For purposes of establishing eligibility under Sec.  
79.22(a)(2), the Program will apply the presumptions contained in Sec.  
79.13(g) and (h).


Sec.  79.24  Proof of initial or first exposure after age 20 for claims 
under Sec.  79.22(b)(1).

    (a) Proof of the claimant's date of birth must be established in 
accordance with the provisions of Sec.  79.14(a).
    (b) Absent any indication to the contrary, the Program will presume 
that the earliest date within the designated time period indicated on 
any records accepted by the Program as proof of the claimant's physical 
presence in the

[[Page 13640]]

affected area was the date of initial or first exposure.


Sec.  79.25  Proof of onset of leukemia at least two years after first 
exposure, and proof of onset of a specified compensable disease more 
than five years after first exposure.

    The date of onset will be the date of diagnosis as indicated in the 
medical documentation accepted by the Radiation Exposure Compensation 
Program as proof of the claimant's specified compensable disease. The 
date of onset must be at least five years after the date of first 
exposure as determined under Sec.  79.24(b). In the case of leukemia, 
the date of onset must be at least two years after the date of first 
exposure.


Sec.  79.26  Proof of medical condition.

    (a) Medical documentation is required in all cases to prove that 
the claimant suffered from or suffers from any specified compensable 
disease. Proof that the claimant contracted a specified compensable 
disease must be made either by using the procedure outlined in 
paragraph (b) of this section or by submitting the documentation 
required in paragraph (c) of this section. (For claims relating to 
primary cancer of the liver, the claimant or eligible surviving 
beneficiary must also submit the additional medical documentation 
prescribed in Sec.  79.27.)
    (b) If a claimant was diagnosed as having one of the specified 
compensable diseases in Arizona, Colorado, Nevada, New Mexico, Utah or 
Wyoming, the claimant or eligible surviving beneficiary need not submit 
any medical documentation of disease at the time the claim is filed 
(although medical documentation subsequently may be required). Instead, 
the claimant or eligible surviving beneficiary may submit with the 
claim an Authorization to Release Medical and Other Information, valid 
in the state of diagnosis, that authorizes the Program to contact the 
appropriate state cancer or tumor registry. The Program will accept as 
proof of medical condition verification from the state cancer or tumor 
registry that it possesses medical records or abstracts of medical 
records of the claimant that contain a verified diagnosis of one of the 
specified compensable diseases. If the designated state does not 
possess medical records or abstracts of medical records that contain a 
verified diagnosis of one of the specified compensable diseases, the 
Program will notify the claimant or eligible surviving beneficiary and 
afford that individual the opportunity to submit the written medical 
documentation required in paragraph (c) of this section, in accordance 
with the provisions of Sec.  79.72(b).
    (c) Proof that the claimant contracted a specified compensable 
disease may be made by the submission of one or more of the 
contemporaneous medical records listed in this paragraph, provided that 
the specified document contains an explicit statement of diagnosis and 
such other information or data from which the appropriate authorities 
with the National Cancer Institute can make a diagnosis to a reasonable 
degree of medical certainty. If the medical record submitted does not 
contain sufficient information or data to make such a diagnosis, the 
Program will notify the claimant or eligible surviving beneficiary and 
afford that individual the opportunity to submit additional medical 
records identified in this paragraph, in accordance with the provisions 
of Sec.  79.72(b). The medical documentation submitted under this 
section to establish that the claimant contracted leukemia or a 
lymphoma must also contain sufficient information from which the 
appropriate authorities with the National Cancer Institute can 
determine the type of leukemia or lymphoma contracted by the claimant. 
Proof of leukemia shall be made by submitting one or more of the 
documents listed in Sec.  79.16(c).
    (1) Multiple myeloma.
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) Report of serum electrophoresis;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Hematology summary or consultation report;
    (D) Medical oncology summary or consultation report; or
    (E) X-ray report; or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (2) Lymphomas.
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Hematology consultation or summary report; or
    (D) Medical oncology consultation or summary report; or
    (iv) Death certificate, provided that it is signed by a physician 
at the time of death.
    (3) Primary cancer of the thyroid.
    (i) Pathology report of tissue biopsy or fine needle aspirate;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative summary report;
    (D) Medical oncology summary or consultation report; or
    (iv) Death certificate, provided that it is signed by a physician 
at the time of death.
    (4) Primary cancer of the male or female breast.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Medical oncology summary or consultation report; or
    (E) Radiotherapy summary or consultation report;
    (iv) Report of mammogram;
    (v) Report of bone scan; or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (5) Primary cancer of the esophagus.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) Endoscopy report;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Radiotherapy report; or
    (E) Medical oncology consultation or summary report;
    (v) One of the following radiological studies:
    (A) Esophagram;
    (B) Barium swallow;
    (C) Upper gastrointestinal (GI) series;
    (D) Computerized tomography (CT) scan; or
    (E) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (6) Primary cancer of the stomach.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) Endoscopy or gastroscopy report;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;

[[Page 13641]]

    (D) Radiotherapy report; or
    (E) Medical oncology summary report;
    (v) One of the following radiological studies:
    (A) Barium swallow;
    (B) Upper gastrointestinal (GI) series;
    (C) Computerized tomography (CT) series; or
    (D) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (7) Primary cancer of the pharynx.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) Endoscopy report;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Report of otolaryngology examination;
    (D) Radiotherapy summary report;
    (E) Medical oncology summary report; or
    (F) Operative report;
    (v) Report of one of the following radiological studies:
    (A) Laryngograms;
    (B) Tomograms of soft tissue and lateral radiographs;
    (C) Computerized tomography (CT) scan; or
    (D) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (8) Primary cancer of the small intestine.
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) Endoscopy report, provided that the examination covered the 
duodenum and parts of the jejunum;
    (iv) Colonoscopy report, provided that the examination covered the 
distal ileum;
    (v) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Report of gastroenterology examination;
    (D) Operative report;
    (E) Radiotherapy summary report; or
    (F) Medical oncology summary or consultation report;
    (vi) Report of one of the following radiologic studies:
    (A) Upper gastrointestinal (GI) series with small bowel follow-
through;
    (B) Angiography;
    (C) Computerized tomography (CT) scan; or
    (D) Magnetic resonance imaging (MRI); or
    (vii) Death certificate, provided that it is signed by a physician 
at the time of death.
    (9) Primary cancer of the pancreas.
    (i) Pathology report of tissue biopsy or fine needle aspirate;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report; or
    (D) Medical oncology summary report;
    (iv) Report of one of the following radiographic studies:
    (A) Endoscopic retrograde cholangiopancreatography (ERCP);
    (B) Upper gastrointestinal (GI) series;
    (C) Arteriography of the pancreas;
    (D) Ultrasonography;
    (E) Computerized tomography (CT) scan; or
    (F) Magnetic resonance imaging (MRI); or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (10) Primary cancer of the bile ducts.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Gastroenterology consultation report; or
    (E) Medical oncology summary or consultation report;
    (iv) Report of one of the following radiographic studies:
    (A) Ultrasonography;
    (B) Endoscopic retrograde cholangiography;
    (C) Percutaneous cholangiography; or
    (D) Computerized tomography (CT) scan; or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (11) Primary cancer of the gallbladder.
    (i) Pathology report of tissue from surgical resection;
    (ii) Autopsy report;
    (iii) Report of one of the following radiological studies:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI); or
    (C) Ultrasonography (ultrasound);
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Radiotherapy report; or
    (E) Medical oncology summary or report; or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (12) Primary cancer of the liver.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Medical oncology summary report;
    (D) Operative report; or
    (E) Gastroenterology report;
    (iv) Report of one of the following radiological studies:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI); or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (13) Primary cancer of the lung.
    (i) Pathology report of tissue biopsy or resection, including, but 
not limited to specimens obtained by any of the following methods:
    (A) Surgical resection;
    (B) Endoscopic endobronchial or transbronchial biopsy;
    (C) Bronchial brushings and washings;
    (D) Pleural fluid cytology;
    (E) Fine needle aspirate;
    (F) Pleural biopsy; or
    (G) Sputum cytology;
    (ii) Autopsy report;
    (iii) Report of bronchoscopy, with or without biopsy;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report; or
    (E) Operative report;
    (v) Report of one of the following radiology examinations:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI);
    (C) X-rays of the chest; or
    (D) Chest tomograms; or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (14) Primary cancer of the salivary gland.

[[Page 13642]]

    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) Report of otolaryngology or oral maxillofacial examination;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report; or
    (E) Operative report;
    (v) Report of one of the following radiology examinations:
    (A) Computerized tomography (CT) scan; or
    (B) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (15) Primary cancer of the urinary bladder.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) Report of cytoscopy, with or without biopsy;
    (iv) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report; or
    (E) Operative report;
    (v) Report of one of the following radiology examinations:
    (A) Computerized tomography (CT) scan; or
    (B) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.
    (16) Primary cancer of the brain.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report; or
    (E) Operative report;
    (iv) Report of one of the following radiology examinations:
    (A) Computerized tomography (CT) scan;
    (B) Magnetic resonance imaging (MRI); or
    (C) CT or MRI with enhancement; or
    (v) Death certificate, provided that it is signed by a physician at 
the time of death.
    (17) Primary cancer of the colon.
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) Endoscopy report, provided the examination covered the 
duodenum and parts of the jejunum;
    (iv) Colonoscopy report, provided that the examination covered the 
distal ileum;
    (v) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Report of gastroenterology examination;
    (D) Operative report;
    (E) Radiotherapy summary report; or
    (F) Medical oncology summary or consultation report;
    (vi) Report of one of the following radiologic studies:
    (A) Upper gastrointestinal (GI) series with small bowel follow-
through;
    (B) Angiography;
    (C) Computerized tomography (CT) scan; or
    (D) Magnetic resonance imaging (MRI); or
    (vii) Death certificate, provided that it is signed by a physician 
at the time of death.
    (18) Primary cancer of the ovary.
    (i) Pathology report of tissue biopsy or surgical resection;
    (ii) Autopsy report;
    (iii) One of the following summary medical reports:
    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Radiotherapy summary report;
    (D) Medical oncology summary report; or
    (E) Operative report; or
    (iv) Death certificate, provided that it is signed by a physician 
at the time of death.


Sec.  79.27  Indication of the presence of hepatitis B or cirrhosis.

    (a)(1) If the claimant or eligible surviving beneficiary is 
claiming eligibility under this subpart for primary cancer of the 
liver, the claimant or eligible surviving beneficiary must submit, in 
addition to proof of the disease, all medical records pertaining to the 
claimant listed below from any hospital, medical facility, or health 
care provider that were created within the period six months before and 
six months after the date of diagnosis of primary cancer of the liver:
    (i) All history and physical examination reports;
    (ii) All operative and consultation reports;
    (iii) All pathology reports; and
    (iv) All physician, hospital, and health care facility admission 
and discharge summaries.
    (2) In the event that any of the records in paragraph (a)(1) of 
this section no longer exist, the claimant or eligible surviving 
beneficiary must submit a certified statement by the custodian(s) of 
those records to that effect.
    (b) If the medical records listed in paragraph (a) of this section, 
or information possessed by the state cancer or tumor registries, 
indicates the presence of hepatitis B or cirrhosis, the Radiation 
Exposure Compensation Program will notify the claimant or eligible 
surviving beneficiary and afford that individual the opportunity to 
submit other written medical documentation or contemporaneous records 
in accordance with Sec.  79.72(b) to establish that in fact there was 
no presence of hepatitis B or cirrhosis.
    (c) The Program may also require that the claimant or eligible 
surviving beneficiary provide additional medical records or other 
contemporaneous records, or an authorization to release such additional 
medical and contemporaneous records, as may be needed to make a 
determination regarding the indication of the presence of hepatitis B 
or cirrhosis.

Subpart D--Eligibility Criteria for Claims by Onsite Participants


Sec.  79.30  Scope of subpart.

    The regulations in this subpart describe the criteria for 
eligibility for compensation under section 4(a)(2)(C) of the Act, and 
the evidence that will be accepted as proof of the various eligibility 
criteria. Section 4(a)(2)(C) of the Act provides for a payment of 
$75,000 to individuals who participated onsite in the atmospheric 
detonation of a nuclear device and later developed a specified 
compensable disease.


Sec.  79.31  Definitions.

    (a) The definitions listed in Sec.  79.11(b), (e), (f), (g), and 
(h), and in Sec.  79.21, apply to this subpart.
    (b) Atmospheric detonation of a nuclear device means only a test 
conducted by the United States prior to January 1, 1963, as listed in 
paragraph (d) of this section.
    (c) First exposure or initial exposure means the date on which the 
claimant first participated onsite in an atmospheric detonation of a 
nuclear device.
    (d) Period of atmospheric nuclear testing means one of the periods 
listed in this paragraph that are associated with each test operation, 
plus an additional six-month period thereafter:

[[Page 13643]]



------------------------------------------------------------------------
           Event name                Date              Location
------------------------------------------------------------------------
 (1) For Operation Trinity, the period July 16, 1945, through August 6,
 1945:
 
Trinity.........................    07/16/45  Trinity Test Site.
 (2) For Operation Crossroads, the period June 28, 1946, through August
 31, 1946, for all activities other than the decontamination of ships
 involved in Operation Crossroads; the period of atmospheric nuclear
 testing for the decontamination of ships involved in Operation
 Crossroads shall run from June 28, 1946, through November 30, 1946:
 
Able............................    07/01/46  Bikini.
Baker...........................    07/25/46  Bikini.
 
  (3) For Operation Sandstone, the period April 13, 1948, through May
 20, 1948:
 
 X-ray..........................    04/15/48  Enewetak.
Yoke............................    05/01/48  Enewetak.
Zebra...........................    05/15/48  Enewetak.
 
  (4) For Operation Ranger, the period January 27, 1951, through
 February 7, 1951:
 
Able............................    01/27/51  Nevada Test Site
                                               (``NTS'').
Baker...........................    01/28/51  NTS.
Easy............................    02/01/51  NTS.
Baker-2.........................    02/02/51  NTS.
Fox.............................    02/06/51  NTS.
 
  (5) For Operation Greenhouse, the period April 5, 1951, through June
 20, 1951, for all activities other than service as a member of the
 garrison or maintenance forces on the atoll of Enewetak between June
 21, 1951, and July 1, 1952; the period of atmospheric nuclear testing
 for service as a member of the garrison or maintenance forces on the
 atoll of Enewetak shall run from April 5, 1951, through July 1, 1952:
 
Dog.............................    04/08/51  Enewetak.
Easy............................    04/21/51  Enewetak.
George..........................    05/09/51  Enewetak.
Item............................    05/25/51  Enewetak.
 
  (6) For Operation Buster-Jangle, the period October 22, 1951, through
 December 20, 1951:
 
Able............................    10/22/51  NTS.
Baker...........................    10/28/51  NTS.
Charlie.........................    10/30/51  NTS.
Dog.............................    11/01/51  NTS.
Sugar...........................    11/19/51  NTS.
Uncle...........................    11/29/51  NTS.
 
  (7) For Operation Tumbler-Snapper, the period April 1, 1952, through
 June 20, 1952:
 
Able............................    04/01/52  NTS.
Baker...........................    04/15/52  NTS.
Charlie.........................    04/22/52  NTS.
Dog.............................    05/01/52  NTS.
Easy............................    05/07/52  NTS.
Fox.............................    05/25/52  NTS.
George..........................    06/01/52  NTS.
 
  (8) For Operation Ivy, the period October 29, 1952, through December
 31, 1952:
 
Mike............................    11/01/52  Enewetak.
King............................    11/16/52  Enewetak.
 
  (9) For Operation Upshot-Knothole, the period March 17, 1953, through
 June 20, 1953:
 
Annie...........................    03/17/53  NTS.
Nancy...........................    03/24/53  NTS.
Ruth............................    03/31/53  NTS.
Dixie...........................    04/06/53  NTS.
Ray.............................    04/11/53  NTS.
Badger..........................    04/18/53  NTS.
Simon...........................    04/25/53  NTS.
Encore..........................    05/08/53  NTS.
Harry...........................    05/19/53  NTS.
Grable..........................    05/25/53  NTS.
Climax..........................    06/04/53  NTS.
 
  (10) For Operation Castle, the period February 27, 1954, through May
 31, 1954
 
Bravo...........................    03/01/54  Bikini.
Romeo...........................    03/27/54  Bikini.
Koon............................    04/07/54  Bikini.
Union...........................    04/26/54  Bikini.
Yankee..........................    05/05/54  Bikini.
Nectar..........................    05/14/54  Enewetak.
 
 (11) For Operation Teapot, the period February 18, 1955, through June
 10, 1955:
 
Wasp............................    02/18/55  NTS.
Moth............................    02/22/55  NTS.
Tesla...........................    03/01/55  NTS.
Turk............................    03/07/55  NTS.
Hornet..........................    03/12/55  NTS.
Bee.............................    03/22/55  NTS.
Ess.............................    03/23/55  NTS.
Apple-1.........................    03/29/55  NTS.
Wasp Prime......................    03/29/55  NTS.
Ha..............................    04/06/55  NTS.
Post............................    04/09/55  NTS.
Met.............................    04/15/55  NTS.
Apple-2.........................    05/05/55  NTS.
Zucchini........................    05/15/55  NTS.
 
 (12) For Operation Wigwam, the period May 14, 1955, through May 15,
 1955:
 
Wigwam..........................    05/14/55  Pacific.
 
 (13) For Operation Redwing, the period May 2, 1956, through August 6,
 1956, for all activities other than service as a member of the garrison
 or maintenance forces on the atoll of Enewetak from August 7, 1956,
 through August 7, 1957; the period of atmospheric nuclear testing for
 service as a member of the garrison or maintenance forces on the atoll
 of Enewetak shall run from May 2, 1956, through August 7, 1957:
 
Lacrosse........................    05/05/56  Enewetak.
Cherokee........................    05/21/56  Bikini.
Zuni............................    05/28/56  Bikini.
Yuma............................    05/28/56  Enewetak.
Erie............................    05/31/56  Enewetak.
Seminole........................    06/06/56  Enewetak.
Flathead........................    06/12/56  Bikini.
Blackfoot.......................    06/12/56  Enewetak.
Kickapoo........................    06/14/56  Enewetak.
Osage...........................    06/16/56  Enewetak.
Inca............................    06/22/56  Enewetak.
Dakota..........................    06/26/56  Bikini.
Mohawk..........................    07/03/56  Enewetak.
Apache..........................    07/09/56  Enewetak.
Navajo..........................    07/11/56  Bikini.
Tewa............................    07/21/56  Bikini.
Huron...........................    07/22/56  Enewetak.
 
  (14) For Operation Plumbbob, the period May 28, 1957, through October
 22, 1957:
 
Boltzmann.......................    05/28/57  NTS.
Franklin........................    06/02/57  NTS.
Lassen..........................    06/05/57  NTS.
Wilson..........................    06/18/57  NTS.
Priscilla.......................    06/24/57  NTS.
Hood............................    07/05/57  NTS.
Diablo..........................    07/15/57  NTS.
John............................    07/19/57  NTS.
Kepler..........................    07/24/57  NTS.
Owens...........................    07/25/57  NTS.
Stokes..........................    08/07/57  NTS.
Shasta..........................    08/18/57  NTS.
Doppler.........................    08/23/57  NTS.
Franklin Prime..................    08/30/57  NTS.
Smoky...........................    08/31/57  NTS.
Galileo.........................    09/02/57  NTS.
Wheeler.........................    09/06/57  NTS.
Laplace.........................    09/08/57  NTS.
Fizeau..........................    09/14/57  NTS.
Newton..........................    09/16/57  NTS.
Whitney.........................    09/23/57  NTS.
Charleston......................    09/28/57  NTS.
Morgan..........................    10/07/57  NTS.
 
 (15) For Operation Hardtack I, the period April 26, 1958, through
 October 31, 1958, for all activities other than service as a member of
 the garrison or maintenance forces on the atoll of Enewetak from
 November 1, 1958, through April 30, 1959; the period of atmospheric
 nuclear testing for service as a member of the garrison or maintenance
 forces on the atoll of Enewetak shall run from April 26, 1958, through
 April 30, 1959:
 
Yucca...........................    04/28/58  Pacific.
Cactus..........................    05/06/58  Enewetak.
Fir.............................    05/12/58  Bikini.
Butternut.......................    05/12/58  Enewetak.
Koa.............................    05/13/58  Enewetak.
Wahoo...........................    05/16/58  Enewetak.
Holly...........................    05/21/58  Enewetak.
Nutmeg..........................    05/22/58  Bikini.
Yellowwood......................    05/26/58  Enewetak.
Magnolia........................    05/27/58  Enewetak.
Tobacco.........................    05/30/58  Enewetak.
Sycamore........................    05/31/58  Bikini.
Rose............................    06/03/58  Enewetak.
Umbrella........................    06/09/58  Enewetak.
Maple...........................    06/11/58  Bikini.
Aspen...........................    06/15/58  Bikini.
Walnut..........................    06/15/58  Enewetak.
Linden..........................    06/18/58  Enewetak.
Redwood.........................    06/28/58  Bikini.
Elder...........................    06/28/58  Enewetak.
Oak.............................    06/29/58  Enewetak.
Hickory.........................    06/29/58  Bikini.
Sequoia.........................    07/02/58  Enewetak.
Cedar...........................    07/03/58  Bikini.
Dogwood.........................    07/06/58  Enewetak.
Poplar..........................    07/12/58  Bikini.
Scaevola........................    07/14/58  Enewetak.
Pisonia.........................    07/18/58  Enewetak.
Juniper.........................    07/22/58  Bikini.
Olive...........................    07/23/58  Enewetak.
Pine............................    07/27/58  Enewetak.
Teak............................    07/31/58  Johnston Isl.
Qunice..........................    08/06/58  Enewetak.
Orange..........................    08/11/58  Johnston Isl.
Fig.............................    08/18/58  Enewetak.
 
 (16) For Operation Argus, the period August 25, 1958, through September
 10, 1958:
 
Argus I.........................    08/27/58  South Atlantic.
Argus II........................    08/30/58  South Atlantic.
Argus III.......................    09/06/58  South Atlantic.
 
 (17) For Operation Hardtack II, the period September 19, 1958, through
 October 31, 1958:
 

[[Page 13644]]

 
Eddy............................    09/19/58  NTS.
Mora............................    09/29/58  NTS.
Quay............................    10/10/58  NTS.
Lea.............................    10/13/58  NTS.
Hamilton........................    10/15/58  NTS.
Dona Ana........................    10/16/58  NTS.
Rio Arriba......................    10/18/58  NTS.
Socorro.........................    10/22/58  NTS.
Wrangell........................    10/22/58  NTS.
Rushmore........................    10/22/58  NTS.
Sanford.........................    10/26/58  NTS.
De Baca.........................    10/26/58  NTS.
Humboldt........................    10/29/58  NTS.
Mazama..........................    10/29/58  NTS.
Santa Fe........................    10/30/58  NTS.
 
 (18) For Operation Dominic I, the period April 23, 1962, through
 December 31, 1962:
 
Adobe...........................    04/25/62  Christmas Isl.
Aztec...........................    04/27/62  Christmas Isl.
Arkansas........................    05/02/62  Christmas Isl.
Questa..........................    05/04/62  Christmas Isl.
Frigate Bird....................    05/06/62  Pacific.
Yukon...........................    05/08/62  Christmas Isl.
Mesilla.........................    05/09/62  Christmas Isl.
Muskegon........................    05/11/62  Christmas Isl.
Swordfish.......................    05/11/62  Pacific.
Encino..........................    05/12/62  Christmas Isl.
Swanee..........................    05/14/62  Christmas Isl.
Chetco..........................    05/19/62  Christmas Isl.
Tanana..........................    05/25/62  Christmas Isl.
Nambe...........................    05/27/62  Christmas Isl.
Alma............................    06/08/62  Christmas Isl.
Truckee.........................    06/09/62  Christmas Isl.
Yeso............................    06/10/62  Christmas Isl.
Harlem..........................    06/12/62  Christmas Isl.
Rinconada.......................    06/15/62  Christmas Isl.
Dulce...........................    06/17/62  Christmas Isl.
Petit...........................    06/19/62  Christmas Isl.
Otowi...........................    06/22/62  Christmas Isl.
Bighorn.........................    06/27/62  Christmas Isl.
Bluestone.......................    06/30/62  Christmas Isl.
Starfish........................    07/08/62  Johnston Isl.
Sunset..........................    07/10/62  Christmas Isl.
Pamlico.........................    07/11/62  Christmas Isl.
Androscoggin....................    10/02/62  Johnston Isl.
Bumping.........................    10/06/62  Johnston Isl.
Chama...........................    10/18/62  Johnston Isl.
Checkmate.......................    10/19/62  Johnston Isl.
Bluegill........................    10/25/62  Johnston Isl.
Calamity........................    10/27/62  Johnston Isl.
Housatonic......................    10/30/62  Johnston Isl.
Kingfish........................    11/01/62  Johnston Isl.
Tightrope.......................    11/03/62  Johnston Isl.
 
  (19) For Operation Dominic II, the period July 7, 1962, through August
 15, 1962:
 
Little Feller II................    07/07/62  NTS.
Johnie Boy......................    07/11/62  NTS.
Small Boy.......................    07/14/62  NTS.
Little Feller I.................    07/17/62  NTS.
 
 (20) For Operation Plowshare, the period July 6, 1962, through July 7,
 1962, covering Project Sedan.
------------------------------------------------------------------------

Sec.  79.32  Criteria for eligibility for claims by onsite 
participants.

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary must establish each of the 
following:
    (a) That the claimant was present onsite at any time during a 
period of atmospheric nuclear testing;
    (b) That the claimant was a participant during that period in the 
atmospheric detonation of a nuclear device; and
    (c) That after such participation, the claimant contracted a 
specified compensable disease as set forth in Sec.  79.22(b).


Sec.  79.33  Proof of participation onsite during a period of 
atmospheric nuclear testing.

    (a) Claimants associated with Department of Defense (DoD) 
Components or DoD Contractors. (1) A claimant or eligible surviving 
beneficiary who alleges that the claimant was present onsite during a 
period of atmospheric nuclear testing as a member of the armed forces 
or an employee or contractor employee of the DoD, or any of its 
components or agencies, must submit the following information on the 
claim form:
    (i) The claimant's name;
    (ii) The claimant's military service number;
    (iii) The claimant's Social Security number;
    (iv) The site at which the claimant participated in the atmospheric 
detonation of a nuclear device;
    (v) The name or number of the claimant's military organization or 
unit assignment at the time of his or her onsite participation;
    (vi) The dates of the claimant's assignment onsite; and
    (vii) As full and complete a description as possible of the 
claimant's official duties, responsibilities, and activities while 
participating onsite.
    (2) A claimant or eligible surviving beneficiary under this section 
need not submit any additional documentation of onsite participation 
during the atmospheric detonation of a nuclear device at the time the 
claim is filed; however, additional documentation may be required as 
set forth in paragraph (a)(3) of this section.
    (3) Upon receipt under this subpart of a claim that contains the 
information set forth in paragraph (a)(1) of this section, the 
Radiation Exposure Compensation Program will forward the information to 
the DoD and request that the DoD conduct a search of its records for 
the purpose of gathering facts relating to the claimant's presence 
onsite and participation in the atmospheric detonation of a nuclear 
device. If the facts gathered by the DoD are insufficient to establish 
the eligibility criteria in Sec.  79.32, the claimant or eligible 
surviving beneficiary will be notified and afforded the opportunity to 
submit military, government, or business records in accordance with the 
procedure set forth in Sec.  79.72(c).
    (b) Claimants Associated with the Atomic Energy Commission (AEC) or 
the Department of Energy (DOE), or Who Were Members of the Federal 
Civil Defense Administration or the Office of Civil and Defense 
Mobilization. (1) A claimant or eligible surviving beneficiary who 
alleges that the claimant was present onsite during the atmospheric 
detonation of a nuclear device as an employee of the AEC, the DOE or 
any of their components, agencies or offices, or as an employee of a 
contractor of the AEC, or DOE, or as a member of the Federal Civil 
Defense Administration or the Office of Civil and Defense Mobilization, 
must submit the following information on the claim form:
    (i) The claimant's name;
    (ii) The claimant's Social Security number;
    (iii) The site at which the claimant participated in the 
atmospheric detonation of a nuclear device;
    (iv) The name or other identifying information associated with the 
claimant's organization, unit, assignment, or employer at the time of 
the claimant's participation onsite;
    (v) The dates of the claimant's assignment onsite; and
    (vi) As full and complete a description as possible of the 
claimant's official duties, responsibilities, and activities while 
participating onsite.
    (2) A claimant or eligible surviving beneficiary under this section 
need not at the time the claim is filed submit any additional 
documentation demonstrating the claimant's presence onsite during the 
atmospheric detonation of a nuclear device; however, additional 
documentation may

[[Page 13645]]

thereafter be required as set forth in paragraph (b)(3) of this 
section.
    (3) Upon receipt under this subpart of a claim that contains the 
information set forth in paragraph (b)(1) of this section, the 
Radiation Exposure Compensation Program will forward the information to 
the Nevada Field Office of the Department of Energy (DOE/NV) and 
request that the DOE/NV conduct a search of its records for the purpose 
of gathering facts relating to the claimant's presence onsite and 
participation in the atmospheric detonation of a nuclear device. If the 
facts gathered by the DOE/NV are insufficient to establish the 
eligibility criteria in Sec.  79.32, the claimant or eligible surviving 
beneficiary will be notified and afforded the opportunity to submit 
military, government, or business records in accordance with the 
procedure set forth in Sec.  79.72(c).


Sec.  79.34  Proof of medical condition.

    Proof of medical condition under this subpart will be made in the 
same manner and according to the same procedures and limitations as are 
set forth in Sec.  79.16 and Sec.  79.26.


Sec.  79.35  Proof of onset of leukemia at least two years after first 
exposure, and proof of onset of a specified compensable disease more 
than five years after first exposure.

    Absent any indication to the contrary, the earliest date of onsite 
participation indicated on any records accepted by the Radiation 
Exposure Compensation Program as proof of the claimant's onsite 
participation will be presumed to be the date of first or initial 
exposure. The date of onset will be the date of diagnosis as indicated 
on the medical documentation accepted by the Radiation Exposure 
Compensation Program as proof of the specified compensable disease. 
Proof of the onset of leukemia shall be established in accordance with 
Sec.  79.15.


Sec.  79.36  Indication of the presence of hepatitis B or cirrhosis.

    Possible indication of hepatitis B or cirrhosis will be determined 
in accordance with the provisions of Sec.  79.27.

Subpart E--Eligibility Criteria for Claims by Uranium Miners


Sec.  79.40  Scope of subpart.

    The regulations in this subpart define the eligibility criteria for 
compensation under section 5 of the Act pertaining to miners, i.e., 
uranium mine workers, and the nature of the evidence that will be 
accepted as proof of the various eligibility criteria. Section 5 of the 
Act provides for a payment of $100,000 to miners who contracted primary 
lung cancer or one of a limited number of nonmalignant respiratory 
diseases following exposure to a defined minimum level of radiation 
during employment in aboveground or underground uranium mines or 
following employment for at least one year in aboveground or 
underground uranium mines in specified states during the period 
beginning January 1, 1942, and ending December 31, 1971.


Sec.  79.41  Definitions.

    (a) Cor pulmonale means heart disease, including hypertrophy of the 
right ventricle, due to pulmonary hypertension secondary to fibrosis of 
the lung.
    (b) Designated time period means the period beginning on January 1, 
1942, and ending on December 31, 1971.
    (c) Employment for at least one year means employment for a total 
of at least one year (12 consecutive or cumulative months).
    (d) Fibrosis of the lung or pulmonary fibrosis means chronic 
inflammation and scarring of the pulmonary interstitium and alveoli 
with collagen deposition and progressive thickening.
    (e) Miner or uranium mine worker means a person who operated or 
otherwise worked in a uranium mine.
    (f) National Institute for Occupational Safety and Health (NIOSH) 
certified ``B'' reader means a physician who is certified as such by 
NIOSH. A list of certified ``B'' readers is available from the 
Radiation Exposure Compensation Program upon request.
    (g) Nonmalignant respiratory disease means fibrosis of the lung, 
pulmonary fibrosis, cor pulmonale related to fibrosis of the lung, 
silicosis, or pneumoconiosis.
    (h) Pneumoconiosis means a chronic lung disease resulting from 
inhalation and deposition in the lung of particulate matter, and the 
tissue reaction to the presence of the particulate matter. For purposes 
of this subpart, the claimant's exposure to the particulate matter that 
led to the disease must have occurred during employment in a uranium 
mine.
    (i) Primary lung cancer means any physiological condition of the 
lung, trachea, or bronchus that is recognized under that name or 
nomenclature by the National Cancer Institute. The term includes in 
situ lung cancers.
    (j) Readily available documentation means documents in the 
possession, custody, or control of the claimant or an immediate family 
member.
    (k) Silicosis means a pneumoconiosis due to the inhalation of the 
dust of stone, sand, flint, or other materials containing silicon 
dioxide, characterized by the formation of pulmonary fibrotic changes.
    (l) Specified state means Colorado, New Mexico, Arizona, Wyoming, 
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas. 
Additional states may be included, provided:
    (1) A uranium mine was operated in such state at any time during 
the period beginning on January 1, 1942, and ending on December 31, 
1971;
    (2) The state submits an application to the Assistant Director 
(specified in Sec.  79.70(a)) to include such state; and
    (3) The Assistant Director makes a determination to include such 
state.
    (m) Uranium mine means any underground excavation, including ``dog 
holes,'' as well as open-pit, strip, rim, surface, or other aboveground 
mines, where uranium ore or vanadium-uranium ore was mined or otherwise 
extracted.
    (n) Working level means the concentration of the short half-life 
daughters of radon that will release (1.3 x 105) million 
electron volts of alpha energy per liter of air.
    (o) Working level month of radiation means radiation exposure at 
the level of one working level every work day for a month, or an 
equivalent cumulative exposure over a greater or lesser amount of time.
    (p) Written diagnosis by a physician means a written determination 
of the nature of a disease made from a study of the signs and symptoms 
of a disease that is based on a physical examination of the patient, 
medical imaging or a chemical, microscopic, microbiologic, immunologic 
or pathologic study of physiologic and functional tests, secretions, 
discharges, blood, or tissue. For purposes of satisfying the 
requirement of a ``written diagnosis by a physician'' for living 
claimants specified in Sec.  79.46, a physician submitting a written 
diagnosis of a nonmalignant respiratory disease must be employed by the 
Indian Health Service or the Department of Veterans Affairs or be board 
certified, and must have a documented, ongoing physician-patient 
relationship with the claimant. An ``ongoing physician-patient 
relationship'' can include referrals made to specialists from a primary 
care provider for purposes of diagnosis or treatment. ``Board 
certification'' requires, in addition to physician licensing, the 
successful completion of a residency training program and passage of a 
Board exam in a relevant field or specialty. Relevant specialties 
include: family practice, internal medicine, pathology, preventive 
medicine, radiology, surgery, and thoracic surgery (and including

[[Page 13646]]

subspecialties such as cardiovascular disease, medical oncology, 
pulmonary disease) as listed by the American Board of Medical 
Specialties.


Sec.  79.42  Criteria for eligibility for claims by miners.

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary must establish each of the 
following:
    (a) The claimant was employed as a miner in a specified state;
    (b) The claimant was so employed at any time during the period 
beginning on January 1, 1942, and ending on December 31, 1971;
    (c) The claimant was exposed during the course of his or her mining 
employment to 40 or more working level months of radiation or worked 
for at least one year in a uranium mine or mines during the period 
identified in paragraph (b) of this section; and
    (d) The claimant contracted lung cancer or a nonmalignant 
respiratory disease following such exposure.


Sec.  79.43  Proof of employment as a miner.

    (a) The Department will accept, as proof of employment for a 
designated time period, information contained in any of the following 
records:
    (1) Records created by or gathered by the Public Health Service 
(PHS) in the course of any health studies of uranium workers during or 
including the period 1942-1990;
    (2) Records of a uranium worker census performed by the PHS at 
various times during the period 1942-1990;
    (3) Records of the Atomic Energy Commission (AEC), or any of its 
successor agencies; and
    (4) Records of federally supported, health-related studies of 
uranium workers, including:
    (i) Studies conducted by Geno Saccamanno, M.D., St. Mary's 
Hospital, Grand Junction, Colorado; and
    (ii) Studies conducted by Jonathan Samet, M.D., University of New 
Mexico School of Medicine.
    (b) The Program will presume that the employment history for the 
time period indicated in records listed in paragraph (a) of this 
section is correct. If the claimant or eligible surviving beneficiary 
wishes to contest the accuracy of such records, then the claimant or 
eligible surviving beneficiary may provide one or more of the records 
identified in paragraph (c) of this section, and the Assistant Director 
will determine whether the employment history indicated in the records 
listed in paragraph (a) is correct.
    (c) If the sources in paragraph (a) of this section do not contain 
information regarding the claimant's uranium mine employment history, 
do not contain sufficient information to establish exposure to at least 
40 working level months of radiation, do not contain sufficient 
information to establish uranium mining employment for one year during 
the period identified in Sec.  79.42(b), or if a claimant or eligible 
surviving beneficiary wishes to contest the accuracy of such records, 
then the claimant or eligible surviving beneficiary may submit records 
from any of the following sources, and the Assistant Director shall 
consider such records (in addition to any sources listed in paragraph 
(a) of this section) in order to determine whether the claimant has 
established the requisite employment history:
    (1) Governmental records of any of the specified states, including 
records of state regulatory agencies, containing information on uranium 
mine workers and uranium mines;
    (2) Records of any business entity that owned or operated a uranium 
mine, or its successor-in-interest;
    (3) Records of the Social Security Administration reflecting the 
identity of the employer, the years and quarters of employment, and the 
wages received during each quarter;
    (4) Federal or State income tax records that contain relevant 
statements regarding the claimant's employer and wages;
    (5) Records containing factual findings by any governmental 
judicial body, state worker's compensation board, or any governmental 
administrative body adjudicating the claimant's rights to any type of 
benefits (which will be accepted only to prove the fact of and duration 
of employment in a uranium mine);
    (6) Statements in medical records created during the period 1942-
1971 indicating or identifying the claimant's employer and occupation;
    (7) Records of an academic or scholarly study, not conducted in 
anticipation of or in connection with any litigation, and completed 
prior to 1990; and
    (8) Any other contemporaneous record that indicates or identifies 
the claimant's occupation or employer.
    (d) To the extent that the documents submitted from the sources 
identified in this section do not so indicate, the claimant or eligible 
surviving beneficiary must set forth under oath on the standard claim 
form the following information, if known:
    (1) The names of the mine employers for which the claimant worked 
during the time period identified in the documents;
    (2) The names and locations of any mines in which the claimant 
worked;
    (3) The actual time period the claimant worked in each mine;
    (4) The claimant's occupation in each mine; and
    (5) Whether the mining employment was conducted aboveground or 
underground.
    (e) If the claimant or eligible surviving beneficiary cannot 
provide the name or location of any uranium mine at which the claimant 
was employed as required under paragraph (d)(2) of this section, then 
the Program shall, if possible, determine such information from records 
reflecting the types of mines operated or owned by the entity for which 
the claimant worked.
    (f) If the information provided under paragraphs (a) and (c) of 
this section is inadequate to determine the time period during which 
the claimant was employed in each uranium mine, then the Program will, 
where possible, calculate such employment periods in the following 
manner, for purposes of calculating working level months of exposure:
    (1) If records of the Social Security Administration exist that 
indicate the claimant's work history, the Program will estimate the 
period of employment by dividing the gross quarterly income by the 
average pay rate per hour for the claimant's occupation;
    (2) If such Social Security Administration records do not exist, 
but other records exist that indicate that the claimant was employed in 
a uranium mine on the date recorded in the record, but do not indicate 
the period of employment, then the Program will apply the following 
presumptions:
    (i) If the records indicate that the claimant worked at the same 
mine or for the same uranium mining company on two different dates at 
least three months apart but less than 12 months apart, then the 
Program will presume that the claimant was employed at the mine or for 
the mining company for the entire 12-month period beginning on the 
earlier date.
    (ii) If the records indicate that the claimant worked at the same 
mine or for the same uranium mining company on two different dates at 
least one month apart but less than three months apart, then the 
Program will presume that the claimant was employed at the mine or for 
the mining company for the entire six-month period beginning on the 
earlier date.
    (iii) If the records indicate that the claimant worked at any mine 
or for a uranium mining company on any date within the designated time 
period, but the presumptions listed in this

[[Page 13647]]

paragraph (f) are not applicable, then the Program will presume that 
the claimant was employed at the mine or for the mining company for a 
six-month period, consisting of three months before and three months 
after the date indicated.
    (g) In determining whether a claimant satisfies the employment and 
exposure criteria of the Act, the Assistant Director shall resolve all 
reasonable doubt in favor of the claimant. If the Assistant Director 
concludes that the claimant has not satisfied the employment or 
exposure requirements of the Act, the claimant or eligible surviving 
beneficiary will be notified and afforded the opportunity, in 
accordance with the provisions of Sec.  79.72(c), to submit additional 
records to establish that the statutory criteria are satisfied.


Sec.  79.44  Proof of working level month exposure to radiation.

    (a) If one or more of the sources in Sec.  79.43(a) contain a 
calculated total of working level months (WLMs) of radiation for the 
claimant equal to or greater than 40 WLMs, then the Program will 
presume that total to be correct, absent evidence to the contrary, in 
which case the claimant or eligible surviving beneficiary need not 
submit additional records.
    (b) If the sources in Sec.  79.43(a) do not contain a calculated 
total of WLMs of radiation for the claimant, or contain a calculated 
total that is less than 40 WLMs, a claimant or eligible surviving 
beneficiary may submit the following records reflecting a calculated 
number of WLMs of radiation for periods of employment established under 
Sec.  79.43(c):
    (1) Certified copies of records of regulatory agencies of the 
specified states, provided that the records indicate the mines at which 
the claimant was employed, the time period of the claimant's employment 
in each mine, the exposure level in each mine during the claimant's 
employment, and the calculations on which the claimant's WLMs are 
based, unless the calculation is apparent;
    (2) Certified copies of records of the owner or operator of a 
uranium mine in the specified states, provided that the records 
indicate the mines at which the claimant was employed, the time period 
of the claimant's employment in each mine, the exposure level in each 
mine during the claimant's employment, and the calculations on which 
the claimant's WLMs are based, unless the calculation is apparent.
    (c) If the number of WLMs established under paragraphs (a) and (b) 
of this section is equal to or greater than 40 WLMs of radiation, the 
claimant or eligible surviving beneficiary need not submit additional 
records. When the sources referred to in paragraphs (a) and (b) of this 
section do not establish a calculated number of at least 40 WLMs, the 
Program will, where possible, calculate additional WLMs in the manner 
set forth in paragraphs (d) through (g) of this section for the periods 
of employment for which the sources in paragraphs (a) and (b) do not 
establish calculated totals. When calculating an exposure level for a 
particular period of a claimant's employment history, the Program will 
apply aboveground exposure levels with respect to those periods in 
which the claimant worked principally aboveground and will apply 
underground exposure levels with respect to those periods in which the 
claimant worked principally underground.
    (d) To the extent the sources referenced in paragraphs (a) and (b) 
of this section do not contain a calculated number of WLMs, but do 
contain annual exposure levels measured in Working Levels (WLs) for 
mines in which the claimant was employed, the Program will calculate 
the claimant's exposure to radiation measured in WLMs in the manner set 
forth in paragraph (h) of this section.
    (e) For periods of employment in a uranium mine that a claimant 
establishes under Sec.  79.43(c) as to which paragraph (d) of this 
section is not applicable, the Program will, where possible, use any or 
all of the following sources in computing the annual exposure level 
measured in WLs in each mine for the period of the claimant's 
employment, in the manner set forth in paragraph (g) of this section:
    (1) Records of the AEC, or its successor agencies;
    (2) Records of the PHS, including radiation-level measurements 
taken in the course of health studies conducted of uranium miners 
during or including the period 1942-1971;
    (3) Records of the United States Bureau of Mines;
    (4) Records of regulatory agencies of the specified states; or
    (5) Records of the business entity that was the owner or operator 
of the mine.
    (f) For periods of employment in unidentified or misidentified 
uranium mines that a claimant establishes under Sec.  79.43(c) through 
(f), the Program will determine annual exposure levels measured in WLs 
in the unidentified or misidentified mines by calculating an average of 
the annual exposure levels measured in WLs in all the uranium mines 
owned or operated by the entities for which the claimant worked during 
the appropriate time periods and in the identified states.
    (g) With respect to periods of employment in a uranium mine that a 
claimant establishes under Sec.  79.43(c) as to which paragraph (d) of 
this section is not applicable, and periods of employment in 
unidentified or misidentified uranium mines that a claimant establishes 
under Sec.  79.43(c) through (f), the Program will use the following 
methodology to calculate the annual exposure level measured in WLs for 
each mine:
    (1) If one or more radiation measurements are available for a mine 
in a given year, such values will be averaged to generate the WLs for 
the mine for that year.
    (2) If radiation measurements exist for the mine, but not for the 
year in which the claimant was employed in the mine, the WLs for the 
mine for that year will be estimated if possible as follows:
    (i) If annual average measurements exist within four years of the 
year in which the claimant was employed in the mine, the measurements 
for the two closest years will be averaged, and that value will be 
assigned to the year the claimant was employed in the mine;
    (ii) If one or more annual average measurements exist for a mine, 
but are not more than five years from the year the claimant was 
employed, the annual average closest in time will be assigned either 
forward or backward in time for two years.
    (3) If the methods described in paragraph (g)(2) of this section 
interpolate or project the annual exposure level measured in WLs for a 
mine in a year in which the claimant was employed in the mine, the 
Program will use an estimated average for mines of the same or similar 
type, ventilation, and ore composition in the same geographical area 
for that year. An estimated area average will be calculated as follows:
    (i) If actual measurements from three or more mines of the same or 
similar type, ventilation, and ore composition are available from mines 
in the same locality as the mine in which the claimant was employed, 
the average of the measurements for the mines within that locality will 
be used.
    (ii) If there are insufficient actual measurements from mines in 
the same locality to use the method in paragraph (g)(3)(i) of this 
section, an average of exposure levels in mines in the same mining 
district will be used.
    (iii) If there is no average of exposure levels from mines in the 
same mining district, the average of exposure levels in mines in the 
same state will be used.

[[Page 13648]]

    (iv) If there are insufficient actual measurements from mines in 
the same state, the estimated average for the State of Colorado for the 
relevant year will be used.
    (4) With respect to a year between 1942 and 1949, if the claimant 
was employed in a mine for which no exposure levels are available for 
that year, then the Program will estimate the annual exposure levels 
measured in WLs by averaging the two earliest exposure levels recorded 
from that mine after the year 1941. If there are not two exposure 
levels recorded from that mine, the Program will estimate the WLs by 
averaging the two earliest exposure levels after the year 1941 from the 
mines identified according to the methods set forth in paragraphs 
(g)(3)(i) through (iv).
    (h) The Program will calculate a claimant's total exposure to 
radiation expressed in WLMs, for purposes of establishing eligibility 
under Sec.  79.42(c), by adding together the WLMs for each period of 
employment that the claimant has established. For those periods of a 
claimant's employment for which the Program has obtained or calculated 
WLs pursuant to paragraphs (d) through (g) of this section, the Program 
shall determine WLMs by multiplying the WL by the pertinent time 
period, measured in months, yielding a claimant's exposure to radiation 
expressed in WLMs.
    (i) In addition to any other material that may be used to 
substantiate employment history for purposes of determining WLMs, an 
individual filing a claim may make such a substantiation by means of an 
affidavit described in Sec.  79.4(c)(4).


Sec.  79.45  Proof of primary lung cancer.

    (a) In determining whether a claimant developed primary lung cancer 
following pertinent employment as a miner, the Assistant Director shall 
resolve all reasonable doubt in favor of the claimant. A conclusion 
that a claimant developed primary lung cancer must be supported by 
medical documentation. To prove that a claimant developed primary lung 
cancer, the claimant or beneficiary may submit any form of medical 
documentation specified in paragraph (e) of this section. In all cases, 
the Program will review submitted medical documentation, and will, in 
addition and where appropriate, review any pertinent records discovered 
within the sources identified in paragraphs (b), (c), and (d) of this 
section.
    (b) Where appropriate, the Radiation Exposure Compensation Program 
will search the records of the PHS (including NIOSH), created or 
gathered during the course of any health study of uranium workers 
conducted or being conducted by these agencies, to determine whether 
those records contain proof of the claimant's medical condition. (In 
cases where the claimant is deceased, the Program will accept as proof 
of medical condition the verification of the PHS or NIOSH that it 
possesses medical records or abstracts of medical records of the 
claimant that contain a verified diagnosis of primary lung cancer.)
    (c) If a claimant was diagnosed as having primary lung cancer in 
Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, and the 
claimant or eligible surviving beneficiary submits with the claim an 
Authorization To Release Medical or Other Information, valid in the 
state of diagnosis, that authorizes the Radiation Exposure Compensation 
Program to contact the appropriate state cancer or tumor registry, the 
Program will, where appropriate, request the relevant information from 
that registry and will review records that it obtains from the 
registry. (In cases where the claimant is deceased, the Program will 
accept as proof of medical condition verification from the state cancer 
or tumor registry that it possesses medical records or abstracts of 
medical records of the claimant that contain a verified diagnosis of 
primary lung cancer.)
    (d) If medical records regarding the claimant were gathered during 
the course of any federally supported, health-related study of uranium 
workers, and the claimant or eligible surviving beneficiary submits 
with the claim an Authorization To Release Medical or Other Information 
that authorizes the Program to contact the custodian of the records of 
the study to determine if proof of the claimant's medical condition is 
contained in the records of the study, the Program will, where 
appropriate, request such records from that custodian and will review 
records that it obtains from the custodian. (In cases where the 
claimant is deceased, the Program will accept as proof of the 
claimant's medical condition such medical records or abstracts of 
medical records containing a verified diagnosis of primary lung 
cancer.)
    (e)(1) A claimant or beneficiary may submit any of the following 
forms of medical documentation in support of a claim that the claimant 
contracted primary lung cancer. Such documentation will be most useful 
where it contains an explicit statement of diagnosis or such other 
information or data from which the appropriate authorities at the 
National Cancer Institute can make a diagnosis to a reasonable degree 
of medical certainty:
    (i) Pathology report of tissue biopsy, including, but not limited 
to, specimens obtained by any of the following methods:

    (A) Surgical resection;
    (B) Endoscopic endobronchial or transbronchial biopsy;
    (C) Bronchial brushings and washings;
    (D) Pleural fluid cytology;
    (E) Fine needle aspirate;
    (F) Pleural biopsy; or
    (G) Sputum cytology;
    (ii) Autopsy report;
    (iii) Bronchoscopy report;
    (iv) One of the following summary medical reports:

    (A) Physician summary report;
    (B) Hospital discharge summary report;
    (C) Operative report;
    (D) Radiation therapy summary report; or
    (E) Oncology summary or consultation report;
    (v) Reports of radiographic studies, including:
    (A) X-rays of the chest;
    (B) Chest tomograms;
    (C) Computer-assisted tomography (CT); or
    (D) Magnetic resonance imaging (MRI); or
    (vi) Death certificate, provided that it is signed by a physician 
at the time of death.


Sec.  79.46  Proof of nonmalignant respiratory disease.

    (a) In determining whether a claimant developed a nonmalignant 
respiratory disease following pertinent employment as a miner, the 
Assistant Director shall resolve all reasonable doubt in favor of the 
claimant. A conclusion that a claimant developed a nonmalignant 
respiratory disease must be supported by medical documentation. In 
cases where the claimant is deceased, the claimant's beneficiary may 
submit any form of medical documentation specified in paragraph (d)(1) 
of this section, and for proof of cor pulmonale must also submit one or 
more forms of documentation specified in paragraph (d)(2). A living 
claimant must at a minimum submit the medical documentation required in 
paragraph (d)(3) of this section, and for proof of cor pulmonale must 
also submit one or more forms of documentation specified in paragraph 
(d)(2). In all cases, the Program will review submitted medical 
documentation, and will, in addition and where appropriate, review any 
pertinent records discovered within the sources referred to in 
paragraphs (b) and

[[Page 13649]]

(c) of this section. With respect to a deceased claimant, the Program 
will treat as equivalent to a diagnosis of pulmonary fibrosis any 
diagnosis of ``restrictive lung disease'' made by a physician employed 
by the Indian Health Service.
    (b) Where appropriate, the Radiation Exposure Compensation Program 
will search the records of the PHS (including NIOSH), created or 
gathered during the course of any health study of uranium workers 
conducted or being conducted by these agencies, to determine whether 
those records contain proof of the claimant's medical condition. In 
cases where the claimant is deceased, the Program will accept as proof 
of medical condition the verification of the PHS or NIOSH that it 
possesses medical records or abstracts of medical records of the 
claimant that contain a verified diagnosis of a nonmalignant 
respiratory disease.
    (c) If medical records regarding the claimant were gathered during 
the course of any federally supported, health-related study of uranium 
workers and the claimant or eligible surviving beneficiary submits with 
the claim an Authorization To Release Medical or Other Information that 
authorizes the Program to contact the custodian of the records of the 
study to determine if proof of the claimant's medical condition is 
contained in the records of the study, the Program will, where 
appropriate, request such records from that custodian and will review 
records that it obtains from the custodian. In cases where the claimant 
is deceased, the Program will accept as proof of the claimant's medical 
condition such medical records or abstracts of medical records 
containing a verified diagnosis of a nonmalignant respiratory disease.
    (d) (1) A claimant or beneficiary may submit any of the following 
forms of medical documentation in support of a claim that the claimant 
contracted a nonmalignant respiratory disease, including pulmonary 
fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of 
the lung, silicosis, and pneumoconiosis:
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) If an x-ray exists, the x-ray and interpretive reports of the 
x-ray by a maximum of two NIOSH certified ``B'' readers classifying the 
existence of disease of category 1/0 or higher according to a 1989 
report of the International Labor Office (known as the ``ILO''), or 
subsequent revisions;
    (iv) If no x-rays exist, an x-ray report;
    (v) Physician summary report;
    (vi) Hospital discharge summary report;
    (vii) Hospital admitting report;
    (viii) Death certificate, provided that it is signed by a physician 
at the time of death; or
    (ix) Documentation specified in paragraphs (d)(3)(i) and (d)(3)(ii) 
of this section.
    (2) In order to demonstrate that the claimant developed cor 
pulmonale related to fibrosis of the lung, the claimant or beneficiary 
must, at a minimum, submit one or more of the following medical 
records:
    (i) Right heart catheterization;
    (ii) Cardiology summary or consultation report;
    (iii) Electrocardiogram;
    (iv) Echocardiogram;
    (v) Physician summary report;
    (vi) Hospital discharge summary report;
    (vii) Autopsy report;
    (viii) Report of physical examination; or
    (ix) Death certificate, provided that it is signed by a physician 
at the time of death.
    (3) Notwithstanding any other documentation provided, a living 
claimant must at a minimum provide the following medical documentation:
    (i) Either:
    (A) An arterial blood gas study administered at rest in a sitting 
position, or an exercise arterial blood gas test, reflecting values 
equal to or less than the values set forth in the tables in appendix B 
to this part; or
    (B) A written diagnosis by a physician in accordance with Sec.  
79.41(p); and
    (ii) One of the following:
    (A) A chest x-ray administered in accordance with standard 
techniques accompanied by interpretive reports of the x-ray by a 
maximum of two NIOSH certified ``B'' readers, classifying the existence 
of disease of category 1/0 or higher according to a 1989 report of the 
International Labor Office (known as the ``ILO''), or subsequent 
revisions;
    (B) High-resolution computed tomography scans (commonly known as 
``HRCT scans''), including computer-assisted tomography scans (commonly 
known as ``CAT scans''), magnetic resonance imaging scans (commonly 
known as ``MRI scans''), and positron emission tomography scans 
(commonly known as ``PET scans''), and interpretive reports of such 
scans;
    (C) Pathology reports of tissue biopsies; or
    (D) Pulmonary function tests indicating restrictive lung function 
and consisting of three reproducible time/volume tracings recording the 
results of the forced expiratory volume in one second (FEV1) and the 
forced vital capacity (FVC) administered and reported in accordance 
with the Standardization of Spirometry--1994 Update by the American 
Thoracic Society, and reflecting values for FEV1 or FVC that are less 
than or equal to the lower limit of normal for an individual of the 
claimant's age, sex, height, and ethnicity as set forth in the tables 
in appendix A to this part.
    (e) The Assistant Director shall treat any documentation described 
in paragraph (d)(3)(i)(B) or paragraph (d)(3)(ii)(A) of this section as 
conclusive evidence of the claimant's nonmalignant respiratory disease; 
provided, however, that the Program may subject such documentation to a 
fair and random audit to guarantee its authenticity and reliability for 
purposes of treating it as conclusive evidence; and provided further 
that, in order to be treated as conclusive evidence, a written 
diagnosis described in paragraph (d)(3)(i)(B) must be by a physician 
who is employed by the Indian Health Service or the Department of 
Veterans Affairs or who is board certified (as described in Sec.  
79.41(p)), and who must have a documented, ongoing physician-patient 
relationship with the claimant. Notwithstanding the conclusive effect 
given to certain evidence, nothing in this paragraph shall be construed 
as relieving a living claimant of the obligation to provide the Program 
with the forms of documentation required under paragraph (d)(3).

Subpart F--Eligibility Criteria for Claims by Uranium Millers


Sec.  79.50  Scope of subpart.

    The regulations in this subpart define the eligibility criteria for 
compensation under section 5 of the Act pertaining to millers, i.e., 
uranium mill workers, and the nature of evidence that will be accepted 
as proof that a claimant satisfies such eligibility criteria. Section 5 
of the Act provides for a payment of $100,000 to ``millers'' who 
contracted primary lung cancer, one of a limited number of nonmalignant 
respiratory diseases, primary renal cancer, or chronic renal disease, 
following employment for at least one year as a uranium mill worker in 
specified states during the period beginning January 1, 1942, and 
ending December 31, 1971.


Sec.  79.51  Definitions.

    (a) Chronic renal disease means the chronic, progressive, and 
irreversible destruction of the nephron. It is exhibited by diminution 
of renal function.
    (b) Cor pulmonale means heart disease, including hypertrophy of the 
right ventricle, due to pulmonary

[[Page 13650]]

hypertension secondary to fibrosis of the lung.
    (c) Designated time period means the period beginning on January 1, 
1942, and ending on December 31, 1971.
    (d) Employment for at least one year means employment for a total 
of at least one year (12 consecutive or cumulative months).
    (e) Fibrosis of the lung or pulmonary fibrosis means chronic 
inflammation and scarring of the pulmonary interstitium and alveoli 
with collagen deposition and progressive thickening.
    (f) Kidney tubal (tubular) tissue injury means structural or 
functional damage to the kidney tubules that results in renal disease 
and dysfunction.
    (g) Miller or uranium mill worker means a person who operated or 
otherwise worked in a uranium mill.
    (h) National Institute for Occupational Safety and Health (NIOSH) 
certified ``B'' reader means a physician who is certified as such by 
NIOSH. A list of certified ``B'' readers is available from the 
Radiation Exposure Compensation Program upon request.
    (i) Nephritis means an inflammatory process of the kidneys 
resulting in chronic renal dysfunction.
    (j) Nonmalignant respiratory disease means fibrosis of the lung, 
pulmonary fibrosis, cor pulmonale related to fibrosis of the lung, 
silicosis, and pneumoconiosis.
    (k) Pneumoconiosis means a chronic lung disease resulting from 
inhalation and deposition in the lung of particulate matter, and the 
tissue reaction to the presence of the particulate matter. For purposes 
of this subpart, the claimant's exposure to the particulate matter that 
led to the disease must have occurred during employment in a uranium 
mill.
    (l) Primary lung cancer means any physiological condition of the 
lung, trachea, or bronchus that is recognized under that name or 
nomenclature by the National Cancer Institute. The term includes in 
situ lung cancers.
    (m) Readily available documentation means documents in the 
possession, custody, or control of the claimant or an immediate family 
member.
    (n) Primary renal cancer means any physiological condition of the 
kidneys that is recognized under that name or nomenclature by the 
National Cancer Institute.
    (o) Silicosis means a pneumoconiosis due to the inhalation of the 
dust of stone, sand, flint, or other materials containing silicon 
dioxide, characterized by the formation of pulmonary fibrotic changes.
    (p) Specified state means Colorado, New Mexico, Arizona, Wyoming, 
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas. 
Additional states may be included, provided:
    (1) A uranium mine was operated in such state at any time during 
the period beginning on January 1, 1942, and ending on December 31, 
1971;
    (2) The state submits an application to the Assistant Director 
(specified in Sec.  79.70(a)) to include such state; and
    (3) The Assistant Director makes a determination to include such 
state.
    (q) Uranium mill means any milling operation involving the 
processing of uranium ore or vanadium-uranium ore, including carbonate 
plants and acid leach plants. The term applies to ore-buying stations 
where ore was weighed and sampled prior to delivery to a mill for 
processing; ``upgrader'' or ``concentrator'' facilities located at the 
mill or at a remote location where uranium or vanadium-uranium ore was 
processed prior to delivery to a mill; and pilot plants where uranium 
ore or vanadium-uranium ore was processed.
    (r) Uranium mine means any underground excavation, including ``dog 
holes,'' as well as open-pit, strip, rim, surface, or other aboveground 
mines, where uranium ore or vanadium-uranium ore was mined or otherwise 
extracted.
    (s) Written diagnosis by a physician means a written determination 
of the nature of a disease made from a study of the signs and symptoms 
of a disease that is based on a physical examination of the patient, 
medical imaging or a chemical, microscopic, microbiologic, immunologic, 
or pathologic study of physiologic and functional tests, secretions, 
discharges, blood, or tissue. For purposes of satisfying the 
requirement of a ``written diagnosis by a physician'' for living 
claimants specified in Sec.  79.55, a physician submitting a written 
diagnosis of a nonmalignant respiratory disease must be employed by the 
Indian Health Service or the Department of Veterans Affairs or be board 
certified, and must have a documented, ongoing physician-patient 
relationship with the claimant. An ``ongoing physician-patient 
relationship'' can include referrals made to specialists from a primary 
care provider for purposes of diagnosis or treatment. ``Board 
certification'' requires, in addition to physician licensing, the 
successful completion of a residency training program and passage of a 
Board exam in a relevant field or specialty. Relevant specialties 
include: family practice, internal medicine, pathology, preventive 
medicine, radiology, surgery, and thoracic surgery (and including 
subspecialties such as cardiovascular disease, medical oncology, 
pulmonary disease) as listed by the American Board of Medical 
Specialties.


Sec.  79.52  Criteria for eligibility for claims by uranium millers.

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary of a claimant must establish 
each of the following:
    (a) The claimant was employed as a miller in a specified state;
    (b) The claimant was so employed for at least one year (12 
consecutive or cumulative months) during the period beginning on 
January 1, 1942, and ending on December 31, 1971; and
    (c) The claimant contracted primary lung cancer, a nonmalignant 
respiratory disease, primary renal cancer, or chronic renal disease 
(including nephritis and kidney tubal tissue injury) following at least 
one year of such employment.


Sec.  79.53  Proof of employment as a miller.

    (a) The Department will accept, as proof of employment for the time 
period indicated, information contained in any of the following 
records:
    (1) Records created by or gathered by the Public Health Service 
(PHS) in the course of any health studies of uranium workers during or 
including the period 1942-1990;
    (2) Records of a uranium worker census performed by the PHS at 
various times during the period 1942-1990;
    (3) Records of the Atomic Energy Commission (AEC), or any of its 
successor agencies; and
    (4) Records of federally supported, health-related studies of 
uranium workers.
    (b) The Program will presume that the employment history for the 
time period indicated in records listed in paragraph (a) of this 
section is correct. If the claimant or eligible surviving beneficiary 
wishes to contest the accuracy of such records, then the claimant or 
eligible surviving beneficiary may provide one or more of the records 
identified in paragraph (c) of this section, and the Assistant Director 
will determine whether the employment history indicated in the records 
listed in paragraph (a) is correct.
    (c) If the sources in paragraph (a) of this section do not contain 
information regarding the claimant's uranium mill employment history, 
do not contain sufficient information to establish employment for at 
least one year in a uranium mill during the specified time period to 
qualify under Sec.  79.52(b), or if a claimant or eligible surviving 
beneficiary wishes to contest the accuracy of such records, then the

[[Page 13651]]

claimant or eligible surviving beneficiary may submit records from any 
of the following sources, which the Assistant Director shall consider 
(in addition to any sources listed in paragraph (a) of this section) in 
order to determine whether the claimant has established the requisite 
employment history:
    (1) Records of any of the specified states, including records of 
state regulatory agencies, containing information on uranium mill 
workers and uranium mills;
    (2) Records of any business entity that owned or operated a uranium 
mill, or its successor-in-interest;
    (3) Records of the Social Security Administration reflecting the 
identity of the employer, the years and quarters of employment, and the 
wages received during each quarter;
    (4) Federal or state income tax records that contain relevant 
statements regarding the claimant's employer and wages;
    (5) Records containing factual findings by any governmental 
judicial body, state worker's compensation board, or any governmental 
administrative body adjudicating the claimant's rights to any type of 
benefits (which will be accepted only to prove the fact of and duration 
of employment in a uranium mill);
    (6) Statements in medical records created during the period 1942-
1971 indicating or identifying the claimant's employer and occupation;
    (7) Records of an academic or scholarly study, not conducted in 
anticipation of or in connection with any litigation, and completed 
prior to 1990; or
    (8) Any other contemporaneous record that indicates or identifies 
the claimant's occupation or employer.
    (d) To the extent that the documents submitted from the sources 
identified in this section do not so indicate, the claimant or eligible 
surviving beneficiary must set forth under oath on the standard claim 
form the following information, if known:
    (1) The names of the mill employers for which the claimant worked 
during the time period identified in the documents;
    (2) The names and locations of any mills in which the claimant 
worked;
    (3) The actual time period the claimant worked in each mill; and
    (4) The claimant's occupation in each mill.
    (e) The Program may, for the purpose of verifying information 
submitted pursuant to this section, require the claimant or any 
eligible surviving beneficiary to provide an authorization to release 
any record identified in this section, in accordance with the 
provisions of Sec.  79.72(c).
    (f) In determining whether a claimant satisfies the employment 
criteria of the Act, the Assistant Director shall resolve all 
reasonable doubt in favor of the claimant. If the Assistant Director 
concludes that the claimant has not satisfied the employment 
requirements of the Act, the claimant or eligible surviving beneficiary 
will be notified and afforded the opportunity, in accordance with the 
provisions of Sec.  79.72(c), to submit additional records to establish 
that the statutory employment criteria are satisfied.


Sec.  79.54  Proof of primary lung cancer.

    (a) In determining whether a claimant developed primary lung cancer 
following pertinent employment as a miller, the Assistant Director 
shall resolve all reasonable doubt in favor of the claimant. A 
conclusion that a claimant developed primary lung cancer must be 
supported by medical documentation. To prove that a claimant developed 
primary lung cancer, the claimant or beneficiary may submit any form of 
medical documentation specified in paragraph (e) of this section. In 
all cases, the Program will review submitted medical documentation, and 
will, in addition and where appropriate, review any pertinent records 
discovered within the sources identified in paragraphs (b), (c) and (d) 
of this section.
    (b) Where appropriate, the Radiation Exposure Compensation Program 
will search the records of the PHS (including NIOSH), created or 
gathered during the course of any health study of uranium workers 
conducted or being conducted by these agencies, to determine whether 
those records contain proof of the claimant's medical condition. (In 
cases where the claimant is deceased, the Program will accept as proof 
of medical condition the verification of the PHS or NIOSH that it 
possesses medical records or abstracts of medical records of the 
claimant that contain a verified diagnosis of primary lung cancer.)
    (c) If a claimant was diagnosed as having primary lung cancer in 
Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, and the 
claimant or eligible surviving beneficiary submits with the claim an 
Authorization To Release Medical or Other Information, valid in the 
state of diagnosis, that authorizes the Radiation Exposure Compensation 
Program to contact the appropriate state cancer or tumor registry, the 
Program will, where appropriate, request the relevant information from 
that registry and will review records that it obtains from the 
registry. (In cases where the claimant is deceased, the Program will 
accept as proof of medical condition verification from the state cancer 
or tumor registry that it possesses medical records or abstracts of 
medical records of the claimant that contain a verified diagnosis of 
primary lung cancer.)
    (d) If medical records regarding the claimant were gathered during 
the course of any federally supported, health-related study of uranium 
workers, and the claimant or eligible surviving beneficiary submits 
with the claim an Authorization To Release Medical or Other Information 
that authorizes the Program to contact the custodian of the records of 
the study to determine if proof of the claimant's medical condition is 
contained in the records of the study, the Program will, where 
appropriate, request such records from that custodian and will review 
records that it obtains from the custodian. (In cases where the 
claimant is deceased, the Program will accept as proof of the 
claimant's medical condition such medical records or abstracts of 
medical records containing a verified diagnosis of primary lung 
cancer.)
    (e) A claimant or beneficiary may submit any of the following forms 
of medical documentation in support of a claim that the claimant 
contracted primary lung cancer. Such documentation will be most useful 
where it contains an explicit statement of diagnosis or such other 
information or data from which the appropriate authorities at the 
National Cancer Institute can make a diagnosis to a reasonable degree 
of medical certainty:
    (1) Pathology report of tissue biopsy, including, but not limited 
to, specimens obtained by any of the following methods:
    (i) Surgical resection;
    (ii) Endoscopic endobronchial or transbronchial biopsy;
    (iii) Bronchial brushings and washings;
    (iv) Pleural fluid cytology;
    (v) Fine needle aspirate;
    (vi) Pleural biopsy; or
    (vii) Sputum cytology;
    (2) Autopsy report;
    (3) Bronchoscopy report;
    (4) One of the following summary medical reports:
    (i) Physician summary report;
    (ii) Hospital discharge summary report;
    (iii) Operative report;
    (iv) Radiation therapy summary report; or
    (v) Oncology summary or consultation report;

[[Page 13652]]

    (5) Reports of radiographic studies, including:
    (i) X-rays of the chest;
    (ii) Chest tomograms;
    (iii) Computer-assisted tomography (CT); or
    (iv) Magnetic resonance imaging (MRI); or
    (6) Death certificate, provided that it is signed by a physician at 
the time of death.


Sec.  79.55  Proof of nonmalignant respiratory disease.

    (a) In determining whether a claimant developed a nonmalignant 
respiratory disease following pertinent employment as a miller, the 
Assistant Director shall resolve all reasonable doubt in favor of the 
claimant. A conclusion that a claimant developed a nonmalignant 
respiratory disease must be supported by medical documentation. In 
cases where the claimant is deceased, the claimant's beneficiary may 
submit any form of medical documentation specified in paragraph (d)(1) 
of this section, and for proof of cor pulmonale must also submit one or 
more forms of documentation specified in paragraph (d)(2). A living 
claimant must at a minimum submit the medical documentation required in 
paragraph (d)(3) of this section, and for proof of cor pulmonale must 
also submit one or more forms of documentation specified in paragraph 
(d)(2). In all cases, the Program will review submitted medical 
documentation, and will, in addition and where appropriate, review any 
pertinent records discovered within the sources referred to in 
paragraphs (b) and (c) of this section. With respect to a deceased 
claimant, the Program will treat as equivalent to a diagnosis of 
pulmonary fibrosis any diagnosis of ``restrictive lung disease'' made 
by a physician employed by the Indian Health Service.
    (b) Where appropriate, the Radiation Exposure Compensation Program 
will search the records of the PHS (including NIOSH), created or 
gathered during the course of any health study of uranium workers 
conducted or being conducted by these agencies, to determine whether 
those records contain proof of the claimant's medical condition. (In 
cases where the claimant is deceased, the Program will accept as proof 
of medical condition the verification of the PHS or NIOSH that it 
possesses medical records or abstracts of medical records of the 
claimant that contain a verified diagnosis of a nonmalignant 
respiratory disease.)
    (c) If medical records regarding the claimant were gathered during 
the course of any federally supported, health-related study of uranium 
workers, and the claimant or eligible surviving beneficiary submits 
with the claim an Authorization To Release Medical or Other Information 
that authorizes the Program to contact the custodian of the records of 
the study to determine if proof of the claimant's medical condition is 
contained in the records of the study, the Program will, where 
appropriate, request such records from that custodian and will review 
records that it obtains from the custodian. (In cases where the 
claimant is deceased, the Program will accept as proof of the 
claimant's medical condition such medical records or abstracts of 
medical records containing a verified diagnosis of a nonmalignant 
respiratory disease.)
    (d) (1) A claimant or beneficiary may submit any of the following 
forms of medical documentation in support of a claim that the claimant 
contracted a nonmalignant respiratory disease, including pulmonary 
fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of 
the lung, silicosis, and pneumoconiosis:
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) If an x-ray exists, the x-ray and interpretive reports of the 
x-ray by a maximum of two NIOSH certified ``B'' readers classifying the 
existence of disease of category 1/0 or higher according to a 1989 
report of the International Labor Office (known as the ``ILO''), or 
subsequent revisions;
    (iv) If no x-rays exist, an x-ray report;
    (v) Physician summary report;
    (vi) Hospital discharge summary report;
    (vii) Hospital admitting report;
    (viii) Death certificate, provided that it is signed by a physician 
at the time of death; or
    (ix) Documentation specified in paragraphs (d)(3)(i) and (d)(3)(ii) 
of this section.
    (2) In order to demonstrate that the claimant developed cor 
pulmonale related to fibrosis of the lung, the claimant or beneficiary 
must, at a minimum, submit one or more of the following medical 
records:
    (i) Right heart catheterization;
    (ii) Cardiology summary or consultation report;
    (iii) Electrocardiogram;
    (iv) Echocardiogram;
    (v) Physician summary report;
    (vi) Hospital discharge summary report;
    (vii) Autopsy report;
    (viii) Report of physical examination; or
    (ix) Death certificate, provided that it is signed by a physician 
at the time of death.
    (3) Notwithstanding any other documentation provided, a living 
claimant must at a minimum provide the following medical documentation:
    (i) Either:
    (A) An arterial blood gas study administered at rest in a sitting 
position, or an exercise arterial blood gas test, reflecting values 
equal to or less than the values set forth in the tables to appendix B 
of this part; or
    (B) A written diagnosis by a physician in accordance with Sec.  
79.51(s); and
    (ii) One of the following:
    (A) A chest x-ray administered in accordance with standard 
techniques accompanied by interpretive reports of the x-ray by a 
maximum of two NIOSH certified ``B'' readers, classifying the existence 
of disease of category 1/0 or higher according to a 1989 report of the 
International Labor Office (known as the ``ILO'') or subsequent 
revisions;
    (B) High-resolution computed tomography scans (commonly known as 
``HRCT scans''), including computer-assisted tomography scans (commonly 
known as ``CAT scans''), magnetic resonance imaging scans (commonly 
known as ``MRI scans''), and positron emission tomography scans 
(commonly known as ``PET scans''), and interpretive reports of such 
scans;
    (C) Pathology reports of tissue biopsies; or
    (D) Pulmonary function tests indicating restrictive lung function 
and consisting of three reproducible time/volume tracings recording the 
results of the forced expiratory volume in one second (FEV1) and the 
forced vital capacity (FVC) administered and reported in accordance 
with the Standardization of Spirometry--1994 Update by the American 
Thoracic Society, and reflecting values for FEV1 or FVC that are less 
than or equal to the lower limit of normal for an individual of the 
claimant's age, sex, height, and ethnicity as set forth in the tables 
in appendix A to this part.
    (e) The Assistant Director shall treat any documentation described 
in paragraph (d)(3)(i)(B) or paragraph (d)(3)(ii)(A) of this section as 
conclusive evidence of the claimant's nonmalignant respiratory disease; 
provided, however, that the Program may subject such documentation to a 
fair and random audit to guarantee its authenticity and reliability for 
purposes of treating it as conclusive evidence; and provided further 
that, in order to be treated as conclusive evidence, a written 
diagnosis described in paragraph (d)(3)(i)(B) must be by a physician 
who is employed by the Indian Health Service or the Department of 
Veterans Affairs or who is board certified (as described in

[[Page 13653]]

Sec.  79.51(s)), and who must have a documented, ongoing physician-
patient relationship with the claimant. Notwithstanding the conclusive 
effect given to certain evidence, nothing in this paragraph shall be 
construed as relieving a living claimant of the obligation to provide 
the Program with the forms of documentation required under paragraph 
(d)(3).


Sec.  79.56  Proof of primary renal cancer.

    (a) In determining whether a claimant developed primary renal 
cancer following pertinent employment as a miller, the Assistant 
Director shall resolve all reasonable doubt in favor of the claimant. A 
conclusion that a claimant developed primary renal cancer must be 
supported by medical documentation. In all cases, the Program will 
review submitted medical documentation, and will, in addition and where 
appropriate, review any pertinent records discovered within the sources 
referred to in paragraphs (b) and (c) of this section.
    (b) Where appropriate, the Radiation Exposure Compensation Program 
will search the records of the PHS (including NIOSH), created or 
gathered during the course of any health study of uranium workers 
conducted or being conducted by these agencies, to determine whether 
those records contain proof of the claimant's medical condition. (In 
cases where the claimant is deceased, the Program will accept as proof 
of medical condition the verification of the PHS or NIOSH that it 
possesses medical records or abstracts of medical records of the 
claimant that contain a verified diagnosis of primary renal cancer.)
    (c) If a claimant was diagnosed as having primary renal cancer in 
the State of Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, 
and the claimant or eligible surviving beneficiary submits with the 
claim an Authorization To Release Medical or Other Information, valid 
in the state of diagnosis, that authorizes the Radiation Exposure 
Compensation Program to contact the appropriate state cancer or tumor 
registry, the Program will, where appropriate, request the relevant 
information from that registry and will review records that it obtains 
from the registry. (In cases where the claimant is deceased, the 
Program will accept as proof of medical condition verification from the 
state cancer or tumor registry that it possesses medical records or 
abstracts of medical records of the claimant that contain a verified 
diagnosis of primary renal cancer.)
    (d) If medical records regarding the claimant were gathered during 
the course of any federally supported, health-related study of uranium 
workers, and the claimant or eligible surviving beneficiary submits 
with the claim an Authorization To Release Medical or Other Information 
that authorizes the Program to contact the custodian of the records of 
the study to determine if proof of the claimant's medical condition is 
contained in the records of the study, the Program will, where 
appropriate, request such records from that custodian and will review 
records that it obtains from the custodian. (In cases where the 
claimant is deceased, the Program will accept as proof of the 
claimant's medical condition such medical records or abstracts of 
medical records containing a verified diagnosis of primary renal 
cancer.)
    (e) A claimant or beneficiary may submit any of the following forms 
of medical documentation in support of a claim that the claimant 
contracted primary renal cancer. Such documentation will be most useful 
where it contains an explicit statement of diagnosis or such other 
information or data from which the appropriate authorities at the 
National Cancer Institute can make a diagnosis to a reasonable degree 
of medical certainty:
    (1) Pathology report of tissue biopsy or resection;
    (2) Autopsy report;
    (3) One of the following summary medical reports:
    (i) Physician summary report;
    (ii) Hospital discharge summary report;
    (iii) Operative report;
    (iv) Radiotherapy summary report; or
    (v) Medical oncology summary or consultation report;
    (4) Report of one of the following radiology examinations:
    (i) Computerized tomography (CT) scan; or
    (ii) Magnetic resonance imaging (MRI); or
    (5) Death certificate, provided that it is signed by a physician at 
the time of death.


Sec.  79.57  Proof of chronic renal disease.

    (a) In determining whether a claimant developed chronic renal 
disease following pertinent employment as a miller, the Assistant 
Director shall resolve all reasonable doubt in favor of the claimant. A 
conclusion that a claimant developed chronic renal disease must be 
supported by medical documentation.
    (b) A claimant or beneficiary may submit any of the following forms 
of medical documentation in support of a claim that the claimant 
contracted chronic renal disease.
    (1) Pathology report of tissue biopsy;
    (2) If laboratory or radiographic tests exist:
    (i) Abnormal plasma creatinine values; and
    (ii) Abnormal glomerular filtration rate (by either measured 
creatinine or iothalamate clearance or calculated by MDRD equation); 
and
    (iii) Renal tubular dysfunction as evidenced by:
    (A) Glycosuria in the absence of diabetes mellitus;
    (B) Proteinuria less than one gram daily without other known 
etiology; or
    (C) Hyperphosphaturia, aminoaciduria, B-2 microglobinuria or 
alkaline phosphaturia or other marker of proximal tubular injury; or
    (iv) Radiographic evidence of chronic renal disease;
    (3) Autopsy report;
    (4) Physician summary report;
    (5) Hospital discharge summary report;
    (6) Hospital admitting report; or
    (7) Death certificate, provided that it is signed by a physician at 
the time of death.

Subpart G--Eligibility Criteria for Claims by Ore Transporters


Sec.  79.60  Scope of subpart.

    The regulations in this subpart define the eligibility criteria for 
compensation under section 5 of the Act pertaining to uranium or 
vanadium-uranium ore transporters and the nature of evidence that will 
be accepted as proof that a claimant satisfies such eligibility 
criteria. Section 5 of the Act provides for a payment of $100,000 to 
persons who contracted lung cancer, one of a limited number of 
nonmalignant respiratory diseases, renal cancer, or chronic renal 
disease, following employment for at least one year as a transporter of 
uranium ore or vanadium-uranium ore from a uranium mine or uranium mill 
located in a specified state during the period beginning January 1, 
1942, and ending December 31, 1971.


Sec.  79.61  Definitions.

    (a) Chronic renal disease means the chronic, progressive, and 
irreversible destruction of the nephron. It is exhibited by diminution 
of renal function.
    (b) Cor pulmonale means heart disease, including hypertrophy of the 
right ventricle, due to pulmonary hypertension secondary to fibrosis of 
the lung.
    (c) Designated time period means the period beginning on January 1, 
1942, and ending on December 31, 1971.
    (d) Employment as an ore transporter means employment involving the

[[Page 13654]]

transporting or hauling of uranium ore or vanadium-uranium ore from a 
uranium mine or uranium mill, including the transportation or hauling 
of ore from an ore buying station, ``upgrader,'' ``concentrator'' 
facility, or pilot plant by means of truck, rail or barge.
    (e) Employment for at least one year means employment for a total 
of at least one year (12 consecutive or cumulative months).
    (f) Fibrosis of the lung or pulmonary fibrosis means chronic 
inflammation and scarring of the pulmonary interstitium and alveoli 
with collagen deposition and progressive thickening.
    (g) Kidney tubal (tubular) tissue injury means structural or 
functional damage to the kidney tubules that results in renal disease 
and dysfunction.
    (h) National Institute for Occupational Safety and Health (NIOSH) 
certified ``B'' reader means a physician who is certified as such by 
NIOSH. A list of certified ``B'' readers is available from the 
Radiation Exposure Compensation Program upon request.
    (i) Nephritis means an inflammatory process of the kidneys 
resulting in chronic renal dysfunction.
    (j) Nonmalignant respiratory disease means fibrosis of the lung, 
pulmonary fibrosis, cor pulmonale related to fibrosis of the lung, 
silicosis, and pneumoconiosis.
    (k) Pneumoconiosis means a chronic lung disease resulting from 
inhalation and deposition in the lung of particulate matter, and the 
tissue reaction to the presence of the particulate matter. For the 
purposes of this Act, the claimant's exposure to the particulate matter 
that led to the disease must have occurred during employment as an ore 
transporter.
    (l) Primary lung cancer means any physiological condition of the 
lung, trachea, or bronchus that is recognized under that name or 
nomenclature by the National Cancer Institute. The term includes in 
situ lung cancers.
    (m) Readily available documentation means documents in the 
possession, custody, or control of the claimant or an immediate family 
member.
    (n) Primary renal cancer means any physiological condition of the 
kidneys that is recognized under that name or nomenclature by the 
National Cancer Institute.
    (o) Silicosis means a pneumoconiosis due to the inhalation of the 
dust of stone, sand, flint or other materials containing silicon 
dioxide, characterized by the formation of pulmonary fibrotic changes.
    (p) Specified state means Colorado, New Mexico, Arizona, Wyoming, 
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas. 
Additional states may be included, provided:
    (1) A uranium mine was operated in such state at any time during 
the period beginning on January 1, 1942, and ending on December 31, 
1971;
    (2) The state submits an application to the Assistant Director 
(specified in Sec.  79.70(a)) to include such state; and
    (3) The Assistant Director makes a determination to include such 
state.
    (q) Uranium mill means any milling operation involving the 
processing of uranium ore or vanadium-uranium ore, including carbonate 
plants and acid leach plants. The term applies to ore-buying stations 
where ore was weighed and sampled prior to delivery to a mill for 
processing; ``upgrader'' or ``concentrator'' facilities located at the 
mill or at a remote location where uranium or vanadium-uranium ore was 
processed prior to delivery to a mill; and pilot plants where uranium 
ore or vanadium-uranium ore was processed.
    (r) Uranium mine means any underground excavation, including ``dog 
holes,'' as well as open-pit, strip, rim, surface, or other aboveground 
mines, where uranium ore or vanadium-uranium ore was mined or otherwise 
extracted.
    (s) Written diagnosis by a physician means a written determination 
of the nature of a disease made from a study of the signs and symptoms 
of a disease that is based on a physical examination of the patient, 
medical imaging or a chemical, microscopic, microbiologic, immunologic, 
or pathologic study of physiologic and functional tests, secretions, 
discharges, blood, or tissue. For purposes of satisfying the 
requirement of a ``written diagnosis by a physician'' for living 
claimants specified in Sec.  79.65, a physician submitting a written 
diagnosis of a nonmalignant respiratory disease must be employed by the 
Indian Health Service or the Department of Veterans Affairs or be board 
certified, and must have a documented, ongoing physician-patient 
relationship with the claimant. An ``ongoing physician-patient 
relationship'' can include referrals made to specialists from a primary 
care provider for purposes of diagnosis or treatment. ``Board 
certification'' requires, in addition to physician licensing, the 
successful completion of a residency training program and passage of a 
Board exam in a relevant field or specialty. Relevant specialties 
include: family practice, internal medicine, pathology, preventive 
medicine, radiology, surgery, and thoracic surgery (and including 
subspecialties such as cardiovascular disease, medical oncology, 
pulmonary disease) as listed by the American Board of Medical 
Specialties.


Sec.  79.62  Criteria for eligibility for claims by ore transporters.

    To establish eligibility for compensation under this subpart, a 
claimant or eligible surviving beneficiary of a claimant must establish 
each of the following:
    (a) The claimant was employed as an ore transporter in a specified 
state;
    (b) The claimant was so employed for at least one year (12 
consecutive or cumulative months) during the period beginning on 
January 1, 1942, and ending on December 31, 1971; and
    (c) The claimant contracted primary lung cancer, a nonmalignant 
respiratory disease, primary renal cancer, or chronic renal disease 
(including nephritis and kidney tubal tissue injury) following at least 
one year of such employment.


Sec.  79.63  Proof of employment as an ore transporter.

    (a) The Department will accept, as proof of employment for the time 
period indicated, information contained in any of the following 
records:
    (1) Records created by or gathered by the Public Health Service 
(PHS) in the course of any health studies of uranium workers during or 
including the period 1942-1990;
    (2) Records of a uranium worker census performed by the PHS at 
various times during the period 1942-1990;
    (3) Records of the Atomic Energy Commission (AEC), or any of its 
successor agencies; and
    (4) Records of federally supported, health-related studies of 
uranium workers.
    (b) The employment history for the time period indicated in such 
records will be presumed to be correct. If the claimant or eligible 
surviving beneficiary wishes to contest the accuracy of such records, 
then the claimant or eligible surviving beneficiary may provide one or 
more of the records identified in paragraph (c) of this section, and 
the Assistant Director will determine whether the employment history 
indicated in the records listed in paragraph (a) of this section is 
correct.
    (c) If the sources in paragraph (a) of this section do not contain 
information regarding the claimant's ore transporting employment 
history, do not contain sufficient information to establish employment 
for at least one year as an ore transporter during the specified time 
period to qualify under Sec.  79.62(b), or if a claimant or eligible 
surviving beneficiary wishes to contest the

[[Page 13655]]

accuracy of such records, then the claimant or eligible surviving 
beneficiary may submit records from any of the following sources, which 
the Assistant Director shall consider (in addition to any sources 
listed in paragraph (a) of this section) in order to determine whether 
the claimant has established the requisite employment history:
    (1) Records of any of the specified states, including records of 
state regulatory agencies, containing information on uranium ore 
transporters and ore-transporting companies;
    (2) Records of any business entity that owned or operated an ore-
transporting company, or its successor-in-interest;
    (3) Records of the Social Security Administration reflecting the 
identity of the employer, the years and quarters of employment, and the 
wages received during each quarter;
    (4) Federal or state income tax records that contain relevant 
statements regarding the claimant's employer and wages;
    (5) Records containing factual findings by any governmental 
judicial body, state worker's compensation board, or any governmental 
administrative body adjudicating the claimant's rights to any type of 
benefits (which will be accepted only to prove the fact of and duration 
of employment as an ore transporter);
    (6) Statements in medical records created during the period 1942-
1971 indicating or identifying the claimant's employer and occupation;
    (7) Records of an academic or scholarly study, not conducted in 
anticipation of or in connection with any litigation, and completed 
prior to 1990; or
    (8) Any other contemporaneous record that indicates or identifies 
the claimant's occupation or employer.
    (d) To the extent that the documents submitted from the sources 
identified in this section do not so indicate, the claimant or eligible 
surviving beneficiary must set forth under oath on the standard claim 
form the following information, if known:
    (1) The name or other identifying symbol of each employer for which 
the claimant worked during the time period identified in the documents;
    (2) The name of each mine or mill from which uranium or uranium-
vanadium ore was transported;
    (3) The county and state in which each mine or mill was located;
    (4) The actual time period the claimant worked as an ore 
transporter; and
    (5) The method of transportation used to transport the ore.
    (e) The Program may, for the purpose of verifying information 
submitted pursuant to this section, require the claimant or any 
eligible surviving beneficiary to provide an authorization to release 
any record identified in this section, in accordance with the 
provisions of Sec.  79.72(c).
    (f) In determining whether a claimant satisfies the employment 
criteria of the Act, the Assistant Director shall resolve all 
reasonable doubt in favor of the claimant. If the Assistant Director 
concludes that the claimant has not satisfied the employment 
requirements of the Act, the claimant or eligible surviving beneficiary 
will be notified and afforded the opportunity, in accordance with the 
provisions of Sec.  79.72(c), to submit additional records to establish 
that the statutory employment criteria are satisfied.


Sec.  79.64  Proof of primary lung cancer.

    (a) In determining whether a claimant developed primary lung cancer 
following pertinent employment as an ore transporter, the Assistant 
Director shall resolve all reasonable doubt in favor of the claimant. A 
conclusion that a claimant developed primary lung cancer must be 
supported by medical documentation. To prove that a claimant developed 
primary lung cancer, the claimant or beneficiary may submit any form of 
medical documentation specified in paragraph (e) of this section. In 
all cases, the Program will review submitted medical documentation, and 
will, in addition and where appropriate, review any pertinent records 
discovered within the sources identified in paragraphs (b), (c), and 
(d) of this section.
    (b) Where appropriate, the Radiation Exposure Compensation Program 
will search the records of the PHS (including NIOSH), created or 
gathered during the course of any health study of uranium workers 
conducted or being conducted by these agencies, to determine whether 
those records contain proof of the claimant's medical condition. (In 
cases where the claimant is deceased, the Program will accept as proof 
of medical condition the verification of the PHS or NIOSH that it 
possesses medical records or abstracts of medical records of the 
claimant that contain a verified diagnosis of primary lung cancer.)
    (c) If a claimant was diagnosed as having primary lung cancer in 
Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, and the 
claimant or eligible surviving beneficiary submits with the claim an 
Authorization To Release Medical or Other Information, valid in the 
state of diagnosis, that authorizes the Radiation Exposure Compensation 
Program to contact the appropriate state cancer or tumor registry, the 
Program will, where appropriate, request the relevant information from 
that registry and will review records that it obtains from the 
registry. (In cases where the claimant is deceased, the Program will 
accept as proof of medical condition verification from the state cancer 
or tumor registry that it possesses medical records or abstracts of 
medical records of the claimant that contain a verified diagnosis of 
primary lung cancer.)
    (d) If medical records regarding the claimant were gathered during 
the course of any federally supported, health-related study of uranium 
workers, and the claimant or eligible surviving beneficiary submits 
with the claim an Authorization To Release Medical or Other Information 
that authorizes the Program to contact the custodian of the records of 
the study to determine if proof of the claimant's medical condition is 
contained in the records of the study, the Program will, where 
appropriate, request such records from that custodian and will review 
records that it obtains from the custodian. (In cases where the 
claimant is deceased, the Program will accept as proof of the 
claimant's medical condition such medical records or abstracts of 
medical records containing a verified diagnosis of primary lung 
cancer.)
    (e) A claimant or beneficiary may submit any of the following forms 
of medical documentation in support of a claim that the claimant 
contracted lung cancer. Such documentation will be most useful where it 
contains an explicit statement of diagnosis or such other information 
or data from which the appropriate authorities at the National Cancer 
Institute can make a diagnosis to a reasonable degree of medical 
certainty:
    (1) Pathology report of tissue biopsy, including, but not limited 
to, specimens obtained by any of the following methods:
    (i) Surgical resection;
    (ii) Endoscopic endobronchial or transbronchial biopsy;
    (iii) Bronchial brushings and washings;
    (iv) Pleural fluid cytology;
    (v) Fine needle aspirate;
    (vi) Pleural biopsy; or
    (vii) Sputum cytology;
    (2) Autopsy report;
    (3) Bronchoscopy report;
    (4) One of the following summary medical reports:
    (i) Physician summary report;
    (ii) Hospital discharge summary report;
    (iii) Operative report;

[[Page 13656]]

    (iv) Radiation therapy summary report; or
    (v) Oncology summary or consultation report;
    (5) Reports of radiographic studies, including:
    (i) X-rays of the chest;
    (ii) Chest tomograms;
    (iii) Computer-assisted tomography (CT); or
    (iv) Magnetic resonance imaging (MRI); or
    (6) Death certificate, provided that it is signed by a physician at 
the time of death.


Sec.  79.65  Proof of nonmalignant respiratory disease.

    (a) In determining whether a claimant developed a nonmalignant 
respiratory disease following pertinent employment as an ore 
transporter, the Assistant Director shall resolve all reasonable doubt 
in favor of the claimant. A conclusion that a claimant developed a 
nonmalignant respiratory disease must be supported by medical 
documentation. In cases where the claimant is deceased, the claimant's 
beneficiary may submit any form of medical documentation specified in 
paragraph (d)(1) of this section, and for proof of cor pulmonale must 
also submit one or more forms of documentation specified in paragraph 
(d)(2). A living claimant must at a minimum submit the medical 
documentation required in paragraph (d)(3) of this section, and for 
proof of cor pulmonale must also submit one or more forms of 
documentation specified in paragraph (d)(2). In all cases, the Program 
will review submitted medical documentation, and will, in addition and 
where appropriate, review any pertinent records discovered within the 
sources referred to in paragraphs (b) and (c) of this section. With 
respect to a deceased claimant, the Program will treat as equivalent to 
a diagnosis of pulmonary fibrosis any diagnosis of ``restrictive lung 
disease'' made by a physician employed by the Indian Health Service.
    (b) Where appropriate, the Radiation Exposure Compensation Program 
will search the records of the PHS (including NIOSH), created or 
gathered during the course of any health study of uranium workers 
conducted or being conducted by these agencies, to determine whether 
those records contain proof of the claimant's medical condition. (In 
cases where the claimant is deceased, the Program will accept as proof 
of medical condition the verification of the PHS or NIOSH that it 
possesses medical records or abstracts of medical records of the 
claimant that contain a verified diagnosis of a nonmalignant 
respiratory disease.)
    (c) If medical records regarding the claimant were gathered during 
the course of any federally supported, health-related study of uranium 
workers, and the claimant or eligible surviving beneficiary submits 
with the claim an Authorization To Release Medical or Other Information 
that authorizes the Program to contact the custodian of the records of 
the study to determine if proof of the claimant's medical condition is 
contained in the records of the study, the Program will, where 
appropriate, request such records from that custodian and will review 
records that it obtains from the custodian. (In cases where the 
claimant is deceased, the Program will accept as proof of the 
claimant's medical condition such medical records or abstracts of 
medical records containing a verified diagnosis of a nonmalignant 
respiratory disease.)
    (d)(1) A claimant or beneficiary may submit any of the following 
forms of medical documentation in support of a claim that the claimant 
contracted a nonmalignant respiratory disease, including pulmonary 
fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of 
the lung, silicosis and pneumoconiosis:
    (i) Pathology report of tissue biopsy;
    (ii) Autopsy report;
    (iii) If an x-ray exists, the x-ray and interpretive reports of the 
x-ray by a maximum of two NIOSH certified ``B'' readers classifying the 
existence of disease of category 1/0 or higher according to a 1989 
report of the International Labor Office (known as the ``ILO''), or 
subsequent revisions;
    (iv) If no x-rays exist, an x-ray report;
    (v) Physician summary report;
    (vi) Hospital discharge summary report;
    (vii) Hospital admitting report;
    (viii) Death certificate, provided that it is signed by a physician 
at the time of death; or
    (ix) Documentation specified in paragraphs (d)(3)(i) and (d)(3)(ii) 
of this section.
    (2) In order to demonstrate that the claimant developed cor 
pulmonale related to fibrosis of the lung, the claimant or beneficiary 
must, at a minimum, submit one or more of the following medical 
records:
    (i) Right heart catheterization;
    (ii) Cardiology summary or consultation report;
    (iii) Electrocardiogram;
    (iv) Echocardiogram;
    (v) Physician summary report;
    (vi) Hospital discharge summary report;
    (vii) Autopsy report;
    (viii) Report of physical examination; or
    (ix) Death certificate, provided that it is signed by a physician 
at the time of death.
    (3) Notwithstanding any other documentation provided, a living 
claimant must at a minimum provide the following medical documentation:
    (i) Either:
    (A) An arterial blood gas study administered at rest in a sitting 
position, or an exercise arterial blood gas test, reflecting values 
equal to or less than the values set forth in the tables in appendix B 
to this part; or
    (B) A written diagnosis by a physician in accordance with Sec.  
79.61(s); and
    (ii) One of the following:
    (A) A chest x-ray administered in accordance with standard 
techniques accompanied by interpretive reports of the x-ray by a 
maximum of two NIOSH certified ``B'' readers, classifying the existence 
of disease of category 1/0 or higher according to a 1989 report of the 
International Labor Office (known as the ``ILO''), or subsequent 
revisions;
    (B) High-resolution computed tomography scans (commonly known as 
``HRCT scans''), including computer-assisted tomography scans (commonly 
known as ``CAT scans''), magnetic resonance imaging scans (commonly 
known as ``MRI scans''), and positron emission tomography scans 
(commonly known as ``PET scans''), and interpretive reports of such 
scans;
    (C) Pathology reports of tissue biopsies; or
    (D) Pulmonary function tests indicating restrictive lung function 
and consisting of three reproducible time/volume tracings recording the 
results of the forced expiratory volume in one second (FEV1) and the 
forced vital capacity (FVC) administered and reported in accordance 
with the Standardization of Spirometry--1994 Update by the American 
Thoracic Society, and reflecting values for FEV1 or FVC that are less 
than or equal to the lower limit of normal for an individual of the 
claimant's age, sex, height, and ethnicity as set forth in the tables 
in appendix A to this part.
    (e) The Assistant Director shall treat any documentation described 
in paragraph (d)(3)(i)(B) or paragraph (d)(3)(ii)(A) of this section as 
conclusive evidence of the claimant's nonmalignant respiratory disease; 
provided, however, that the Program may subject such documentation to a 
fair and random audit to guarantee its authenticity and reliability for 
purposes of treating it as conclusive evidence; and provided further 
that, in order to be treated as

[[Page 13657]]

conclusive evidence, a written diagnosis described in paragraph 
(d)(3)(i)(B) must be by a physician who is employed by the Indian 
Health Service or the Department of Veterans Affairs or who is board 
certified (as described in Sec.  79.61(s)), and who must have a 
documented, ongoing physician-patient relationship with the claimant. 
Notwithstanding the conclusive effect given to certain evidence, 
nothing in this paragraph shall be construed as relieving a living 
claimant of the obligation to provide the Program with the forms of 
documentation required under paragraph (d)(3).


Sec.  79.66  Proof of primary renal cancer.

    (a) In determining whether a claimant developed primary renal 
cancer following pertinent employment as an ore transporter, the 
Assistant Director shall resolve all reasonable doubt in favor of the 
claimant. A conclusion that a claimant developed primary renal cancer 
must be supported by medical documentation. In all cases, the Program 
will review submitted medical documentation, and, in addition and where 
appropriate, will review any pertinent records discovered within the 
sources referred to in paragraphs (b) and (c) of this section.
    (b) Where appropriate, the Radiation Exposure Compensation Program 
will search the records of the PHS (including NIOSH), created or 
gathered during the course of any health study of uranium workers 
conducted or being conducted by these agencies, to determine whether 
those records contain proof of the claimant's medical condition. (In 
cases where the claimant is deceased, the Program will accept as proof 
of medical condition the verification of the PHS or NIOSH that it 
possesses medical records or abstracts of medical records of the 
claimant that contain a verified diagnosis of primary renal cancer.)
    (c) If a claimant was diagnosed as having primary renal cancer in 
Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, and the 
claimant or eligible surviving beneficiary submits with the claim an 
Authorization To Release Medical or Other Information, valid in the 
state of diagnosis, that authorizes the Radiation Exposure Compensation 
Program to contact the appropriate state cancer or tumor registry, the 
Program will, where appropriate, request the relevant information from 
that registry and will review records that it obtains from the 
registry. (In cases where the claimant is deceased, the Program will 
accept as proof of medical condition verification from the state cancer 
or tumor registry that it possesses medical records or abstracts of 
medical records of the claimant that contain a verified diagnosis of 
primary renal cancer.)
    (d) If medical records regarding the claimant were gathered during 
the course of any federally supported, health-related study of uranium 
workers, and the claimant or eligible surviving beneficiary submits 
with the claim an Authorization To Release Medical or Other Information 
that authorizes the Program to contact the custodian of the records of 
the study to determine if proof of the claimant's medical condition is 
contained in the records of the study, the Program will, where 
appropriate, request such records from that custodian and will review 
records that it obtains from the custodian. (In cases where the 
claimant is deceased, the Program will accept as proof of the 
claimant's medical condition such medical records or abstracts of 
medical records containing a verified diagnosis of primary renal 
cancer.)
    (e) A claimant or beneficiary may submit any of the following forms 
of medical documentation in support of a claim that the claimant 
contracted primary renal cancer. Such documentation will be most useful 
where it contains an explicit statement of diagnosis or such other 
information or data from which the appropriate authorities at the 
National Cancer Institute can make a diagnosis to a reasonable degree 
of medical certainty:
    (1) Pathology report of tissue biopsy or resection;
    (2) Autopsy report;
    (3) One of the following summary medical reports:
    (i) Physician summary report;
    (ii) Hospital discharge summary report;
    (iii) Operative report;
    (iv) Radiotherapy summary report; or
    (v) Medical oncology summary or consultation report;
    (4) Report of one of the following radiology examinations:
    (i) Computerized tomography (CT) scan;
    (ii) Magnetic resonance imaging (MRI); or
    (5) Death certificate, provided that it is signed by a physician at 
the time of death.


Sec.  79.67  Proof of chronic renal disease.

    (a) In determining whether a claimant developed chronic renal 
disease following pertinent employment as an ore transporter, the 
Assistant Director shall resolve all reasonable doubt in favor of the 
claimant. A conclusion that a claimant developed chronic renal disease 
must be supported by medical documentation.
    (b) A claimant or beneficiary may submit any of the following forms 
of medical documentation in support of a claim that the claimant 
contracted chronic renal disease.
    (1) Pathology report of tissue biopsy;
    (2) If laboratory or radiographic tests exist:
    (i) Abnormal plasma creatinine values;
    (ii) Abnormal glomerular filtration rate (by either measured 
creatinine or iothalamate clearance or calculated by MDRD equation); 
and
    (iii) Renal tubular dysfunction as evidenced by:
    (A) Glycosuria in the absence of diabetes mellitus;
    (B) Proteinuria less than one gram daily without other known 
etiology; or
    (C) Hyperphosphaturia, aminoaciduria, B-2 microglobinuria or 
alkaline phosphaturia or other marker of proximal tubular injury; or
    (iv) Radiographic evidence of chronic renal disease;
    (3) Autopsy report;
    (4) Physician summary report;
    (5) Hospital discharge summary report;
    (6) Hospital admitting report; or
    (7) Death certificate, provided that it is signed by a physician at 
the time of death.

Subpart H--Procedures


Sec.  79.70  Attorney General's delegation of authority.

    (a) An Assistant Director within the Constitutional and Specialized 
Torts Staff, Torts Branch, Civil Division, shall be assigned to manage 
the Radiation Exposure Compensation Program and issue a decision on 
each claim filed under the Act, and otherwise act on behalf of the 
Attorney General in all other matters relating to the administration of 
the Program, except for rulemaking authority. The Assistant Director 
may delegate any of his or her responsibilities under the regulations 
in this part to an attorney working under the supervision of the 
Assistant Director.
    (b) The Assistant Attorney General, Civil Division, shall designate 
an Appeals Officer to act on appeals from the Assistant Director's 
decisions.


Sec.  79.71  Filing of claims.

    (a) All claims for compensation under the Act must be in writing 
and submitted on a standard claim form designated by the Assistant 
Director for the filing of compensation claims. Except as specifically 
provided in this part, the claimant or eligible surviving beneficiary 
must furnish the medical

[[Page 13658]]

documentation required by this part with his or her standard form. 
Except as specifically provided in this part, the claimant or eligible 
surviving beneficiary must also provide with the standard form any 
records establishing the claimant's physical presence in an affected 
area, onsite participation, employment in a uranium mine or mill, or 
employment as an ore transporter, in accordance with this part. The 
standard claim form must be completed, signed under oath either by a 
person eligible to file a claim under the Act or by that person's legal 
guardian, and mailed with supporting documentation to the following 
address: Radiation Exposure Compensation Program, U.S. Department of 
Justice, P.O. Box 146, Ben Franklin Station, Washington, DC 20044-0146. 
Copies of the standard form, as well as the regulations, guidelines, 
and other information, may be obtained by requesting the document or 
publications from the Assistant Director at that address or by 
accessing the Program's Web site at http://www.usdoj.gov/civil/reca.
    (b) The Assistant Director will file a claim after receipt of the 
standard form with supporting documentation and examination for 
substantial compliance with this part. The date of filing shall be 
recorded by a stamp on the face of the standard form. The Assistant 
Director shall file only claims that substantially comply with 
paragraph (a) of this section. If a claim substantially fails to comply 
with paragraph (a), the Assistant Director shall promptly return the 
claim unfiled to the sender with a statement identifying the reason(s) 
why the claim does not comply with this part. The sender may return the 
claim to the Assistant Director after correcting the deficiencies. For 
those cases that are filed, the Assistant Director shall promptly 
acknowledge receipt of the claim with a letter identifying the number 
assigned to the claim, the date the claim was filed, and the period 
within which the Assistant Director must act on the claim.
    (c) The following persons or their legal guardians are eligible to 
file claims for compensation under the Act in the following order:
    (1) The claimant;
    (2) If the claimant is deceased, the spouse of the claimant, 
provided that he or she was married to the claimant for at least one 
year immediately prior to the claimant's death;
    (3) If there is no surviving spouse or if the spouse is ineligible 
because he or she was not married to the claimant for at least one year 
immediately prior to the claimant's death, a child of the claimant;
    (4) If there is no eligible surviving spouse and no child, a parent 
of the claimant;
    (5) If there is no eligible surviving spouse and no child or 
parent, a grandchild of the claimant; or
    (6) If there is no eligible surviving spouse and no child, parent 
or grandchild, a grandparent of the claimant.
    (7) Only the beneficiaries listed in this paragraph (c) are 
eligible to file a claim on behalf of the claimant.
    (d) The identity of the claimant must be established by submitting 
a birth certificate or one of the other documents identified in Sec.  
79.14(a) when the person has no birth certificate. Additionally, 
documentation demonstrating any and all name changes must be provided.
    (e)(1) The spouse of a claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the following documents to establish a marriage to the 
claimant:
    (A) The public record of marriage;
    (B) A certificate of marriage;
    (C) The religious record of marriage; or
    (D) A judicial or other governmental determination that a valid 
marriage existed, such as the final opinion or order of a probate court 
or a determination of the Social Security Administration that the 
person filing the claim is the spouse of the decedent;
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable); and
    (v) An affidavit (or declaration under oath on the standard claim 
form) stating that the spouse was married to the claimant for at least 
one year immediately prior to the claimant's death.
    (2) If the spouse is a member of an Indian Tribe, he or she need 
not provide any of the documents listed in paragraph (e)(1) of this 
section at the time the claim is filed (although these records may 
later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed in paragraph 
(e)(1) directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of marriage, 
relationship, or survivorship, the Assistant Director shall, to the 
maximum extent practicable, take into consideration and give effect to 
established law, tradition, and custom of the particular affected 
Indian Tribe.
    (f)(1) A child of a claimant must establish his or her eligibility 
to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(1)(iii) of this 
section to establish each marriage of the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each of the other children of the 
claimant (if applicable);
    (vi) An affidavit (or declaration under oath on the standard claim 
form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant; and
    (B) That the claimant had no other children, or, if the claimant 
did have other children, the name of each child, the date and place of 
birth of each child, and the date and place of death or current address 
of each child; and
    (vii) One of the following:
    (A) In the case of a natural child, a birth certificate showing 
that the claimant was the child's parent, or a judicial decree 
identifying the claimant as the child's parent;
    (B) In the case of an adopted child, the judicial decree of 
adoption; or
    (C) In the case of a stepchild, evidence of birth to the spouse of 
the claimant as outlined in paragraph (f)(1)(vii) of this section, and 
records reflecting that the stepchild lived with the claimant in a 
regular parent-child relationship.
    (2) If the child is a member of an Indian Tribe, he or she need not 
provide any of the documents listed in paragraph (f)(1) of this section 
at the time the claim is filed (although these records may later be 
required), but should instead furnish a signed release of private 
information that the Assistant Director will use to obtain a statement 
of verification of all of the information listed in paragraph (f)(1) 
directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition,

[[Page 13659]]

and custom of the particular affected Indian Tribe.
    (g)(1) A parent of a claimant must establish his or her eligibility 
to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(1)(iii) of this 
section to establish each marriage of the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant (if 
applicable);
    (vi) A death certificate for the other parent(s) (if applicable);
    (vii) An affidavit (or declaration under oath on the standard claim 
form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) That the claimant had no children, or, if the claimant did have 
children, the name of each child, the date and place of birth of each 
child, and the date and place of death of each child; and
    (C) The name and address, or date and place of death, of the other 
parent(s) of the claimant; and
    (viii) One of the following:
    (A) In the case of a natural parent, a birth certificate showing 
that the claimant was the parent's child, or a judicial decree 
identifying the claimant as the parent's child; or
    (B) In the case of an adoptive parent, the judicial decree of 
adoption.
    (2) If the parent is a member of an Indian Tribe, he or she need 
not provide any of the documents listed in paragraph (g)(1) of this 
section at the time the claim is filed (although these records may 
later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed in paragraph 
(g)(1) directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition, and 
custom of the particular affected Indian Tribe.
    (h)(1) A grandchild of a claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(1)(iii) of this 
section to establish each marriage of the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant;
    (vi) A death certificate for each parent of the claimant;
    (vii) A death certificate for each of the other grandchildren of 
the claimant (if applicable);
    (viii) An affidavit (or declaration under oath on the standard 
claim form) stating the following:
    (A) That the claimant was never married, or, if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) The name of each child, the date and place of birth of each 
child, and the date and place of death of each child;
    (C) The names of each parent of the claimant together with the 
dates and places of death of each parent; and
    (D) That the claimant had no other grandchildren, or, if the 
claimant did have other grandchildren, the name of each grandchild, the 
date and place of birth of each grandchild, and the date and place of 
death or current address of each grandchild; and
    (ix) One of the following:
    (A) In the case of a natural grandchild, a combination of birth 
certificates showing that the claimant was the grandchild's 
grandparent;
    (B) In the case of an adopted grandchild, a combination of judicial 
records and birth certificates showing that the claimant was the 
grandchild's grandparent; or
    (C) In the case of a stepgrandchild, evidence of birth to the 
spouse of the child of the claimant, as outlined in this paragraph 
(h)(1), and records reflecting that the stepchild lived with a child of 
the claimant in a regular parent-child relationship; or evidence of 
birth to the spouse of the stepchild of the claimant or the stepchild 
of the claimant, as outlined in this paragraph (h)(1), and records 
reflecting that the stepchild of the claimant lived with the claimant 
in a regular parent-child relationship.
    (2) If the grandchild is a member of an Indian Tribe, he or she 
need not provide any of the documents listed in paragraph (h)(1) of 
this section at the time the claim is filed (although these records may 
later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed in paragraph 
(h)(1) directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition, and 
custom of the particular affected Indian Tribe.
    (i)(1) A grandparent of the claimant must establish his or her 
eligibility to file a claim by furnishing:
    (i) His or her birth certificate and, if applicable, documentation 
demonstrating any and all name changes;
    (ii) The birth and death certificates of the claimant;
    (iii) One of the documents listed in paragraph (e)(1)(iii) of this 
section to establish each marriage of the claimant (if applicable);
    (iv) A death certificate or divorce decree for each spouse of the 
claimant (if applicable);
    (v) A death certificate for each child of the claimant (if 
applicable);
    (vi) A death certificate for each parent of the claimant;
    (vii) A death certificate for each grandchild of the claimant (if 
applicable);
    (viii) A death certificate for each of the other grandparents of 
the claimant (if applicable);
    (ix) An affidavit stating the following:
    (A) That the claimant was never married, or if the claimant was 
ever married, the name of each spouse, the date each marriage began and 
ended, and the date and place of divorce or death of the last spouse of 
the claimant;
    (B) That the claimant had no children, or, if the claimant did have 
children, the name of each child, the date and place of birth of each 
child, and the date and place of death of each child;
    (C) The names of each parent of the claimant together with the 
dates and places of death of each parent;
    (D) That the claimant had no grandchildren, or, if the claimant did 
have grandchildren, the name of each grandchild, the date and place of 
birth of each grandchild, and the date and place of death of each 
grandchild; and
    (E) The names of all other grandparents of the claimant together 
with the dates and places of birth of each grandparent, and the dates 
and places of death of each other

[[Page 13660]]

grandparent or the current address of each other grandparent; and
    (x) One of the following:
    (A) In the case of a natural grandparent, a combination of birth 
certificates showing that the claimant was the grandparent's 
grandchild;
    (B) In the case of an adoptive grandparent, a combination of 
judicial records and birth certificates showing that the claimant was 
the grandparent's grandchild.
    (2) If the grandparent is a member of an Indian Tribe, he or she 
need not provide any of the documents listed in paragraph (i)(1) of 
this section at the time the claim is filed (although these records may 
later be required), but should instead furnish a signed release of 
private information that the Assistant Director will use to obtain a 
statement of verification of all of the information listed in paragraph 
(i)(1) directly from the tribal records custodian. In identifying those 
individuals eligible to receive compensation by virtue of survivorship, 
the Assistant Director shall, to the maximum extent practicable, take 
into consideration and give effect to established law, tradition, and 
custom of the particular affected Indian Tribe.
    (j) A claim that was filed and denied may be filed again in those 
cases where the claimant or eligible surviving beneficiary obtains 
documentation that he or she did not possess when the claim was filed 
previously and that redresses the deficiency for which the claim was 
denied, including, where applicable, documentation addressing:
    (1) An injury specified in the Act;
    (2) Residency in the affected area;
    (3) Onsite participation in a nuclear test;
    (4) Exposure to 40 WLMs of radiation while employed in a uranium 
mine or mines during the designated time period;
    (5) Employment for one year (12 consecutive or cumulative months) 
as a miner, miller or ore transporter; or
    (6) The identity of the claimant and/or the eligible surviving 
beneficiary.
    (k) A claimant or eligible surviving beneficiary may not refile a 
claim more than three times. Claims filed prior to July 10, 2000, will 
not be included in determining the number of claims filed.


Sec.  79.72  Review and resolution of claims.

    (a) Initial review. The Assistant Director shall conduct an initial 
review of each claim that has been filed to determine whether:
    (1) The person submitting the claim represents that he or she is an 
eligible surviving beneficiary in those cases where the claimant is 
deceased;
    (2) The medical condition identified in the claim is a disease 
specified in the Act for which the claimant or eligible surviving 
beneficiary could recover compensation;
    (3) For claims submitted under subparts B and C of this part, as 
relevant, the period and place of physical presence set forth in the 
claim falls within the designated time period and affected areas 
identified in Sec.  79.11;
    (4) For claims submitted under subparts B and D of this part, as 
relevant, the place and period of onsite participation set forth in the 
claim falls within the places and times set forth in Sec.  79.11 and 
Sec.  79.31; and
    (5) For claims submitted under subparts E, F, and G of this part, 
the period and place of uranium mining, mill working or ore 
transporting set forth in the claim falls within the designated time 
period and specified states identified in Sec. Sec.  79.41, 79.51, and 
79.61. If the Assistant Director determines from the initial review 
that any one of the applicable criteria is not met, or that any other 
criterion of this part is not met, the Assistant Director shall so 
advise the claimant or eligible surviving beneficiary in writing, 
setting forth the reasons for the determination, and allow the claimant 
or eligible surviving beneficiary 60-days from the date of such 
notification to correct any deficiency in the claim. If the claimant or 
eligible surviving beneficiary fails adequately to correct the 
deficiencies within the 60-day period, the Assistant Director shall, 
without further review, issue a Decision denying the claim.
    (b) Review of medical documentation. The Assistant Director will 
examine the medical documentation submitted in support of the claim and 
determine whether it satisfies the criteria for eligibility established 
by the Act and this part. The Assistant Director may, for the purpose 
of verifying eligibility, require the claimant or eligible surviving 
beneficiary to provide an authorization to release any medical record 
identified in this part. If the Assistant Director determines that the 
documentation does not satisfy the criteria for eligibility established 
by the Act and this part, the Assistant Director shall so advise the 
claimant or eligible surviving beneficiary in writing, setting forth 
the reason(s) for the determination, and shall allow the claimant or 
eligible beneficiary 60 days from the date of notification, or such 
greater period as the Assistant Director permits, to furnish additional 
medical documentation that meets the requirements of the Act and this 
part. Where appropriate, the Assistant Director may require the 
claimant or eligible surviving beneficiary to provide an authorization 
to release additional records. If the claimant or eligible beneficiary 
fails, within 60 days or the greater period approved by the Assistant 
Director, to provide sufficient medical documentation or a valid 
release when requested by the Assistant Director, then the Assistant 
Director shall, without further review, issue a Decision denying the 
claim.
    (c) Review of the records. The Assistant Director will examine the 
other records submitted in support of the claim to prove those matters 
set forth in all other sections of the Act and this part, and will 
determine whether such records satisfy all other criteria for 
eligibility. For the purposes of verifying such eligibility, the 
Assistant Director may require the claimant or eligible surviving 
beneficiary to provide an authorization to release any record 
identified in this part. If the Assistant Director determines that the 
records do not satisfy the criteria for eligibility established by the 
Act and this part, the Assistant Director shall so advise the claimant 
or eligible surviving beneficiary in writing, setting forth the reasons 
for the determination, and shall provide the claimant or eligible 
surviving beneficiary 60 days from the date of notification, or such 
greater period as the Assistant Director permits, to furnish additional 
records to satisfy the requirements of the Act and this part. Where 
appropriate, the Assistant Director may require the claimant or 
eligible surviving beneficiary to provide an authorization to release 
additional records as an alternative to, or in addition to, the 
claimant or eligible beneficiary furnishing such additional records. If 
the claimant or eligible beneficiary fails within 60 days or the 
greater period approved by the Assistant Director, to provide 
sufficient records or a valid release when requested by the Assistant 
Director, then the Assistant Director shall, without further review, 
issue a Decision denying the claim.
    (d) Decision. The Assistant Director shall review each claim and 
issue a written Decision on each claim within 12 months of the date the 
claim was filed. The Assistant Director may request from any claimant, 
or from any individual or entity on behalf of the claimant, any 
relevant additional information or documentation necessary to complete 
the determination of eligibility under paragraphs (a), (b), or (c) of 
this section. The period beginning on the date on which the Assistant 
Director makes a request for such additional information or 
documentation and ending on the date on which the claimant or 
individual or

[[Page 13661]]

entity acting on behalf of the claimant submits that information or 
documentation (or informs the Assistant Director that it is not 
possible to provide that information or that the claimant or individual 
or entity will not provide that information) shall not apply to the 12-
month period. Any Decision denying a claim shall set forth reason(s) 
for the denial, shall indicate that the Decision of the Assistant 
Director may be appealed to the Assistant Attorney General, Civil 
Division, in writing within 60 days of the date of the Decision, or 
such greater period as may be permitted by the Assistant Attorney 
General, Civil Division, and shall identify the address to which the 
appeal should be sent.


Sec.  79.73  Appeals procedures.

    (a) An appeal must be in writing and must be received by the 
Radiation Exposure Compensation Program within 60 days of the date of 
the Decision denying the claim, unless a greater period has been 
permitted. Appeals must be sent to the following address: Radiation 
Exposure Compensation Program, Appeal of Decision, U.S. Department of 
Justice, P.O. Box 146, Ben Franklin Station, Washington, DC 20044-0146.
    (b) The claimant or eligible surviving beneficiary must set forth 
in the appeal the reason(s) why he or she believes that the Decision of 
the Assistant Director is incorrect.
    (c) Upon receipt of an appeal, the Radiation Exposure Compensation 
Program shall forward the appeal, the Decision, the claim, and all 
supporting documentation to the Appeals Officer for action on the 
appeal. If the appeal is not received within the 60-day period, or such 
greater period as may be permitted, the appeal may be denied without 
further review.
    (d) The Appeals Officer shall review any appeal and other 
information forwarded by the Program. Within 90 days after the receipt 
of an appeal, the Appeals Officer shall issue a Memorandum either 
affirming or reversing the Assistant Director's Decision or, when 
appropriate, remanding the claim to the Assistant Director for further 
action. The Memorandum shall include a statement of the reason(s) for 
such reversal, affirmance, or remand. The Memorandum and all papers 
relating to the claim shall be returned to the Radiation Exposure 
Compensation Program, which shall promptly inform the claimant or 
eligible surviving beneficiary of the action of the Appeals Officer. A 
Memorandum affirming or reversing the Assistant Director's Decision 
shall be deemed to be the final action of the Department of Justice on 
the claim.
    (e) Before seeking judicial review of a decision denying a claim 
under the Act, an individual must first seek review by the designated 
Appeals Officer. Once the appeals procedures are completed, an 
individual whose claim for compensation under the Act is affirmed on 
appeal may seek judicial review in a district court of the United 
States.


Sec.  79.74  Representatives and attorney's fees.

    (a) Representation. In submitting and presenting a claim to the 
Program, a claimant or beneficiary may, but need not, be represented by 
an attorney or by a representative of an Indian Tribe or tribal 
organization. Non-attorneys (other than representatives of an Indian 
Tribe or tribal organization) are not permitted to represent claimants 
or beneficiaries before the Program. To the extent that resources are 
available, the Assistant Director will provide assistance to all 
persons who file claims for compensation. Only qualified attorneys, as 
described in paragraph (c) of this section, may receive from a claimant 
or beneficiary any fee in connection with a successful claim.
    (b) Fees. (1) Notwithstanding any contract, the attorney of a 
claimant or beneficiary, along with any assistants or experts retained 
by the attorney on behalf of the claimant or beneficiary, may not 
receive from a claimant or beneficiary any fee for services rendered, 
including costs incurred, in connection with an unsuccessful claim.
    (2) Notwithstanding any contract and except as provided in 
paragraph (b)(3) of this section, the attorney of a claimant or 
beneficiary, along with any assistants or experts retained by the 
attorney on behalf of the claimant or beneficiary, may receive from a 
claimant or beneficiary no more than 2% of the total award for all 
services rendered, including costs incurred, in connection with a 
successful claim.
    (3)(i) If an attorney entered into a contract with the claimant or 
beneficiary for services before July 10, 2000, with respect to a 
particular claim, then that attorney may receive up to 10% of the total 
award for services rendered, including costs incurred, in connection 
with a successful claim.
    (ii) If an attorney resubmits a previously denied claim, then that 
attorney may receive up to 10% of the total award to the claimant or 
beneficiary for services rendered, including costs incurred, in 
connection with that subsequently successful claim. Resubmission of a 
previously denied claim includes only those claims that were previously 
denied and refiled under the Act.
    (4) Any violation of paragraph (b) of this section shall result in 
a fine of not more than $5,000.
    (c) Attorney qualifications. An attorney may not represent a 
claimant or beneficiary unless the attorney is engaged in the private 
practice of law and an active member in good standing of the bar of the 
highest court of a state. Attorneys who are members of multiple state 
bars, and who are suspended, sanctioned, disbarred, or disqualified 
from the practice of law for professional misconduct in one state may 
not represent a claimant or beneficiary even though the attorney 
continues to remain in good standing of the bar of another state. If a 
claimant or beneficiary is represented by an attorney, then the 
attorney must submit the following documents to the Program along with 
the claim:
    (1) A statement of the attorney's active membership in good 
standing of the bar of the highest court of a state; and
    (2) A signed representation agreement, retainer agreement, fee 
agreement, or contract, documenting the attorney's authorization to 
represent the claimant or beneficiary. The document must acknowledge 
that the Act's fee limitations are satisfied.


Sec.  79.75  Procedures for payment of claims.

    (a) All awards for compensation are made in the form of one time 
lump sum payments and shall be made to the claimant or to the legal 
guardian of the claimant, unless the claimant is deceased at the time 
of the payment. In cases involving a claimant who is deceased, payment 
shall be made to each eligible surviving beneficiary or to the legal 
guardian acting on his or her behalf, in accordance with the terms and 
conditions specified in the Act. Once the Program has received the 
claimant's or eligible surviving beneficiary's election to accept the 
payment, the Assistant Director shall ensure that the claim is paid 
within six weeks. All time frames for processing claims under the Act 
are suspended during periods when the Radiation Trust Fund is not 
funded.
    (b) In cases involving the approval of a claim, the Assistant 
Director shall take all necessary and appropriate steps to determine 
the correct amount of any offset to be made to the amount awarded under 
the Act and to verify the identity of the claimant or, in the case of a 
deceased claimant, the existence of eligible surviving beneficiaries 
who are entitled by the Act to receive the payment the claimant would 
have

[[Page 13662]]

received. The Assistant Director may conduct any investigation, and may 
require any claimant or eligible surviving beneficiary to provide or 
execute any affidavit, record, or document or authorize the release of 
any information the Assistant Director deems necessary to ensure that 
the compensation payment is made in the correct amount and to the 
correct person(s). If the claimant or eligible surviving beneficiary 
fails or refuses to execute an affidavit or release of information, or 
to provide a record or document requested, or fails to provide access 
to information, such failure or refusal may be deemed to be a rejection 
of the payment, unless the claimant or eligible surviving beneficiary 
does not have and cannot obtain the legal authority to provide, release 
or authorize access to the required information, records or documents.
    (c) Prior to authorizing payment, the Assistant Director shall 
require the claimant or each eligible surviving beneficiary to execute 
and provide an affidavit (or declaration under oath on the standard 
claim form) setting forth the amount of any payment made pursuant to a 
final award or settlement on a claim (other than a claim for worker's 
compensation), against any person, that is based on injuries incurred 
by the claimant on account of:
    (1) Exposure to radiation from an atmospheric detonation of a 
nuclear device while present in an affected area (as defined in Sec.  
79.11(a)) at any time during the periods described in Sec.  79.11(c) or 
Sec.  79.11(h);
    (2) Exposure to radiation while participating onsite in an 
atmospheric detonation of a nuclear device (as defined in Sec.  
79.11(b)) at any time during the periods described in Sec.  79.11(h) 
(This paragraph (c) only applies to claims filed under section 
4(a)(1)(A)(i)(III) of the Act); or
    (3) Exposure to radiation during employment in a uranium mine at 
any time during the period described in section 5 of the Act. For 
purposes of this paragraph, a ``claim'' includes, but is not limited 
to, any request or demand for money made or sought in a civil action or 
made or sought in anticipation of the filing of a civil action, but 
shall not include requests or demands made pursuant to a life insurance 
or health insurance contract. If any such award or settlement payment 
was made, the Assistant Director shall subtract the sum of such award 
or settlement payments from the payment to be made under the Act.
    (d) In the case of a claim filed under section 4(a)(2)(C) of the 
Act, the Assistant Director shall require the claimant or each eligible 
surviving beneficiary to execute and provide an affidavit (or 
declaration under oath on the standard claim form) setting forth the 
amount of any payment made pursuant to a final award or settlement on a 
claim (other than a claim for worker's compensation) against any person 
or any payment made by the Department of Veterans Affairs, that is 
based on injuries incurred by the claimant on account of exposure to 
radiation as a result of onsite participation in a test involving the 
atmospheric detonation of a nuclear device. For purposes of this 
paragraph, a ``claim'' includes, but is not limited to, any request or 
demand for money made or sought in a civil action or made or sought in 
anticipation of a civil action, but shall not include requests or 
demands made pursuant to a life-or health-insurance contract.
    (1) Payments by the Department of Veterans Affairs shall include:
    (i) Any disability payments or compensation benefits paid to the 
claimant and his or her dependents while the claimant is alive; and
    (ii) Any Dependency and Indemnity Compensation payments made to 
survivors due to death related to the illness for which the claim under 
the Act is submitted.
    (2) Payments by the Department of Veterans Affairs shall not 
include:
    (i) Active duty pay, retired pay, retainer pay, or payments under 
the Survivor Benefits Plan;
    (ii) Death gratuities;
    (iii) SGLI, VGLI, or mortgage, life, or health insurance payments;
    (iv) Burial benefits or reimbursement for burial expenses;
    (v) Loans or loan guarantees;
    (vi) Education benefits and payments;
    (vii) Vocational rehabilitation benefits and payments;
    (viii) Medical, hospital, and dental benefits; or
    (ix) Commissary and PX privileges.
    (e) If any such award, settlement, or payment was made as described 
in paragraphs (c) or (d) of this section, the Assistant Director shall 
calculate the actuarial present value of such payment(s), and subtract 
the actuarial present value from the payment to be made under the Act. 
The actuarial present value shall be calculated using the worksheet in 
appendix C to this part in the following manner:
    (1) Step 1. The sums of the past payments received in each year are 
entered in the appropriate rows in column (2). Additional rows will be 
added as needed to calculate the present value of payments received in 
the years prior to 1960 and after 1990.
    (2) Step 2. The present CPI-U (to be obtained monthly from the 
Bureau of Labor Statistics, Department of Labor) is entered in column 
(3).
    (3) Step 3. The CPI (Major Expenditure Classes--All Items) for each 
year in which payments were received is entered in the appropriate row 
in column (4). (This measure is provided for 1960 through 1990. The 
measure for subsequent years will be obtained from the Bureau of Labor 
Statistics.)
    (4) Step 4. For each row, the amount in column (2) is multiplied by 
the corresponding inflator (column (3) divided by column (4)) and the 
product is entered in column (5).
    (5) Step 5. The products in column (5) are added together and the 
sum is entered on the line labeled ``Total of column (5) equals 
actuarial present value of past payments.''
    (6) Step 6. The sum in Step 5 is subtracted from the statutory 
payment of $75,000 and the remainder is entered on the line labeled 
``Net Claim Owed To Claimant.''
    (f) When the Assistant Director has verified the identity of the 
claimant or each eligible surviving beneficiary who is entitled to the 
compensation payment or to a share of the compensation payment, and has 
determined the correct amount of the payment or the share of the 
payment, he or she shall notify the claimant or each eligible surviving 
beneficiary, or his or her legal guardian, and require such person(s) 
to sign an Acceptance of Payment Form. Such form shall be signed and 
returned within 60 days of the date of the form or such greater period 
as may be allowed by the Assistant Director. Failure to return the 
signed form within the required time may be deemed to be a rejection of 
the payment. Signing and returning the form within the required time 
shall constitute acceptance of the payment, unless the individual who 
has signed the form dies prior to receiving the actual payment, in 
which case the person who possesses the payment shall return it to the 
Assistant Director for redetermination of the correct disbursement of 
the payment.
    (g) Rejected compensation payments or shares of compensation 
payments shall not be distributed to other eligible surviving 
beneficiaries, but shall be returned to the Trust Fund for use in 
paying other claims.
    (h) Upon receipt of the Acceptance of Payment Form, the Assistant 
Director or the Constitutional and Specialized Torts Staff Director or 
Deputy Director, or their designee, shall authorize the appropriate 
authorities to issue a check to the claimant or to each eligible

[[Page 13663]]

surviving beneficiary who has accepted payment out of the funds 
appropriated for this purpose.
    (i) Multiple payments. (1) No claimant may receive payment under 
more than one subpart of this part for illnesses that he or she 
contracted. In addition to one payment for his or her illnesses, he or 
she may also receive one payment for each claimant for whom he or she 
qualifies as an eligible surviving beneficiary.
    (2) An eligible surviving beneficiary who is not also a claimant 
may receive one payment for each claimant for whom he or she qualifies 
as an eligible surviving beneficiary.

Appendix A to Part 79--FVC and FEV-1 Lower Limits of Normal Values

                                  Table 1.--Caucasian Males FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
                         [Reference value equation: -0.1933 + (0.00064)(age) + (-0.000269)(age \2\) + (0.00015695)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.96    2.91    2.85    2.79    2.74    2.67    2.61    2.55    2.48    2.41    2.34   2.26   2.19   2.11   2.03   1.94   1.86
    61.5       156.2      3.02    2.97    2.91    2.86    2.80    2.74    2.67    2.61    2.54    2.47    2.40   2.33   2.25   2.17   2.09   2.01   1.92
    62.0       157.5      3.09    3.03    2.98    2.92    2.86    2.80    2.74    2.67    2.61    2.54    2.46   2.39   2.31   2.23   2.15   2.07   1.99
    62.5       158.8      3.15    3.10    3.04    2.99    2.93    2.87    2.80    2.74    2.67    2.60    2.53   2.45   2.38   2.30   2.22   2.14   2.05
    63.0       160.0      3.21    3.16    3.10    3.05    2.99    2.93    2.86    2.80    2.73    2.66    2.59   2.51   2.44   2.36   2.28   2.20   2.11
    63.5       161.3      3.28    3.22    3.17    3.11    3.05    2.99    2.93    2.86    2.80    2.73    2.65   2.58   2.50   2.43   2.34   2.26   2.18
    64.0       162.6      3.34    3.29    3.23    3.18    3.12    3.06    2.99    2.93    2.86    2.79    2.72   2.65   2.57   2.49   2.41   2.33   2.24
    64.5       163.8      3.40    3.35    3.30    3.24    3.18    3.12    3.06    2.99    2.92    2.85    2.78   2.71   2.63   2.55   2.47   2.39   2.30
    65.0       165.1      3.47    3.42    3.36    3.31    3.25    3.19    3.12    3.06    2.99    2.92    2.85   2.77   2.70   2.62   2.54   2.46   2.37
    65.5       166.4      3.54    3.48    3.43    3.37    3.31    3.25    3.19    3.12    3.06    2.99    2.91   2.84   2.76   2.69   2.61   2.52   2.44
    66.0       167.6      3.60    3.55    3.50    3.44    3.38    3.32    3.26    3.19    3.12    3.05    2.98   2.91   2.83   2.75   2.67   2.59   2.50
    66.5       168.9      3.67    3.62    3.56    3.51    3.45    3.39    3.32    3.26    3.19    3.12    3.05   2.97   2.90   2.82   2.74   2.66   2.57
    67.0       170.2      3.74    3.69    3.63    3.57    3.52    3.45    3.39    3.33    3.26    3.19    3.12   3.04   2.97   2.89   2.81   2.72   2.64
    67.5       171.5      3.81    3.76    3.70    3.64    3.59    3.52    3.46    3.40    3.33    3.26    3.19   3.11   3.04   2.96   2.88   2.79   2.71
    68.0       172.7      3.87    3.82    3.77    3.71    3.65    3.59    3.53    3.46    3.39    3.32    3.25   3.18   3.10   3.02   2.94   2.86   2.77
    68.5       174.0      3.94    3.89    3.84    3.78    3.72    3.66    3.60    3.53    3.46    3.39    3.32   3.25   3.17   3.09   3.01   2.93   2.85
    69.0       175.3      4.02    3.96    3.91    3.85    3.79    3.73    3.67    3.60    3.53    3.47    3.39   3.32   3.24   3.16   3.08   3.00   2.92
    69.5       176.5      4.08    4.03    3.97    3.92    3.86    3.80    3.73    3.67    3.60    3.53    3.46   3.39   3.31   3.23   3.15   3.07   2.98
    70.0       177.8      4.15    4.10    4.05    3.99    3.93    3.87    3.81    3.74    3.67    3.60    3.53   3.46   3.38   3.30   3.22   3.14   3.06
    70.5       179.1      4.23    4.17    4.12    4.06    4.00    3.94    3.88    3.81    3.75    3.68    3.60   3.53   3.45   3.38   3.30   3.21   3.13
    71.0       180.3      4.29    4.24    4.19    4.13    4.07    4.01    3.95    3.88    3.81    3.74    3.67   3.60   3.52   3.44   3.36   3.28   3.20
    71.5       181.6      4.37    4.32    4.26    4.20    4.15    4.08    4.02    3.96    3.89    3.82    3.75   3.67   3.60   3.52   3.44   3.35   3.27
    72.0       182.9      4.44    4.39    4.34    4.28    4.22    4.16    4.10    4.03    3.96    3.89    3.82   3.75   3.67   3.59   3.51   3.43   3.34
    72.5       184.2      4.52    4.46    4.41    4.35    4.29    4.23    4.17    4.10    4.04    3.97    3.90   3.82   3.75   3.67   3.59   3.50   3.42
    73.0       185.4      4.59    4.53    4.48    4.42    4.36    4.30    4.24    4.17    4.11    4.04    3.97   3.89   3.81   3.74   3.66   3.57   3.49
    73.5       186.7      4.66    4.61    4.56    4.50    4.44    4.38    4.32    4.25    4.18    4.11    4.04   3.97   3.89   3.81   3.73   3.65   3.56
    74.0       188.0      4.74    4.69    4.63    4.58    4.52    4.46    4.39    4.33    4.26    4.19    4.12   4.04   3.97   3.89   3.81   3.73   3.64
    74.5       189.2      4.81    4.76    4.70    4.65    4.59    4.53    4.46    4.40    4.33    4.26    4.19   4.11   4.04   3.96   3.88   3.80   3.71
    75.0       190.5      4.89    4.84    4.78    4.72    4.66    4.60    4.54    4.48    4.41    4.34    4.27   4.19   4.12   4.04   3.96   3.87   3.79
    75.5       191.8      4.97    4.91    4.86    4.80    4.74    4.68    4.62    4.55    4.49    4.42    4.34   4.27   4.19   4.12   4.03   3.95   3.87
    76.0       193.0      5.04    4.99    4.93    4.87    4.82    4.75    4.69    4.63    4.56    4.49    4.42   4.34   4.27   4.19   4.11   4.02   3.94
    76.5       194.3      5.12    5.06    5.01    4.95    4.89    4.83    4.77    4.70    4.64    4.57    4.50   4.42   4.35   4.27   4.19   4.10   4.02
    77.0       195.6      5.20    5.14    5.09    5.03    4.97    4.91    4.85    4.78    4.72    4.65    4.57   4.50   4.42   4.35   4.27   4.18   4.10
    77.5       196.9      5.28    5.22    5.17    5.11    5.05    4.99    4.93    4.86    4.80    4.73    4.66   4.58   4.50   4.43   4.35   4.26   4.18
    78.0       198.1      5.35    5.30    5.24    5.19    5.13    5.07    5.00    4.94    4.87    4.80    4.73   4.66   4.58   4.50   4.42   4.34   4.25
    78.5       199.4      5.43    5.38    5.33    5.27    5.21    5.15    5.09    5.02    4.95    4.88    4.81   4.74   4.66   4.58   4.50   4.42   4.33
    79.0       200.7      5.51    5.46    5.41    5.35    5.29    5.23    5.17    5.10    5.03    4.96    4.89   4.82   4.74   4.66   4.58   4.50   4.42
    79.5       201.9      5.59    5.54    5.48    5.43    5.37    5.31    5.24    5.18    5.11    5.04    4.97   4.89   4.82   4.74   4.66   4.58   4.49
    80.0       203.2      5.67    5.62    5.57    5.51    5.45    5.39    5.33    5.26    5.19    5.12    5.05   4.98   4.90   4.82   4.74   4.66   4.57
    80.5       204.5      5.76    5.70    5.65    5.59    5.53    5.47    5.41    5.34    5.28    5.21    5.13   5.06   4.98   4.91   4.82   4.74   4.66
    81.0       205.7      5.83    5.78    5.73    5.67    5.61    5.55    5.49    5.42    5.35    5.28    5.21   5.14   5.06   4.98   4.90   4.82   4.73
    81.5       207.0      5.92    5.86    5.81    5.75    5.69    5.63    5.57    5.50    5.44    5.37    5.30   5.22   5.15   5.07   4.99   4.90   4.82
    82.0       208.3      6.00    5.95    5.89    5.84    5.78    5.72    5.65    5.59    5.52    5.45    5.38   5.31   5.23   5.15   5.07   4.99   4.90
    82.5       209.6      6.09    6.03    5.98    5.92    5.86    5.80    5.74    5.67    5.61    5.54    5.47   5.39   5.32   5.24   5.16   5.07   4.99
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                 Table 1A.--Caucasian Males FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
                         [Reference value equation: 0.5536 + (-0.01303)(age) + (-0.000172)(age \2\) + (0.00011607)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.29    2.23    2.16    2.10    2.04    1.97    1.90    1.84    1.76    1.69    1.62   1.55   1.47   1.39   1.32   1.24   1.15
    61.5       156.2      2.33    2.27    2.21    2.15    2.08    2.02    1.95    1.88    1.81    1.74    1.67   1.59   1.52   1.44   1.36   1.28   1.20
    62.0       157.5      2.38    2.32    2.26    2.20    2.13    2.07    2.00    1.93    1.86    1.79    1.71   1.64   1.57   1.49   1.41   1.33   1.25
    62.5       158.8      2.43    2.37    2.31    2.24    2.18    2.11    2.05    1.98    1.91    1.84    1.76   1.69   1.61   1.54   1.46   1.38   1.30
    63.0       160.0      2.47    2.41    2.35    2.29    2.22    2.16    2.09    2.02    1.95    1.88    1.81   1.73   1.66   1.58   1.50   1.42   1.34
    63.5       161.3      2.52    2.46    2.40    2.34    2.27    2.21    2.14    2.07    2.00    1.93    1.86   1.78   1.71   1.63   1.55   1.47   1.39
    64.0       162.6      2.57    2.51    2.45    2.39    2.32    2.25    2.19    2.12    2.05    1.98    1.90   1.83   1.75   1.68   1.60   1.52   1.44
    64.5       163.8      2.62    2.56    2.49    2.43    2.37    2.30    2.23    2.16    2.09    2.02    1.95   1.88   1.80   1.72   1.64   1.56   1.48
    65.0       165.1      2.67    2.61    2.54    2.48    2.42    2.35    2.28    2.21    2.14    2.07    2.00   1.93   1.85   1.77   1.69   1.61   1.53
    65.5       166.4      2.71    2.65    2.59    2.53    2.46    2.40    2.33    2.26    2.19    2.12    2.05   1.97   1.90   1.82   1.74   1.66   1.58
    66.0       167.6      2.76    2.70    2.64    2.58    2.51    2.45    2.38    2.31    2.24    2.17    2.10   2.02   1.95   1.87   1.79   1.71   1.63

[[Page 13664]]

 
    66.5       168.9      2.81    2.75    2.69    2.63    2.56    2.50    2.43    2.36    2.29    2.22    2.15   2.07   2.00   1.92   1.84   1.76   1.68
    67.0       170.2      2.86    2.80    2.74    2.68    2.61    2.55    2.48    2.41    2.34    2.27    2.20   2.12   2.05   1.97   1.89   1.81   1.73
    67.5       171.5      2.92    2.86    2.79    2.73    2.67    2.60    2.53    2.46    2.39    2.32    2.25   2.18   2.10   2.02   1.94   1.86   1.78
    68.0       172.7      2.96    2.90    2.84    2.78    2.71    2.65    2.58    2.51    2.44    2.37    2.30   2.22   2.15   2.07   1.99   1.91   1.83
    68.5       174.0      3.02    2.96    2.89    2.83    2.77    2.70    2.63    2.56    2.49    2.42    2.35   2.28   2.20   2.12   2.04   1.96   1.88
    69.0       175.3      3.07    3.01    2.95    2.88    2.82    2.75    2.69    2.62    2.55    2.48    2.40   2.33   2.25   2.18   2.10   2.02   1.94
    69.5       176.5      3.12    3.06    3.00    2.93    2.87    2.80    2.73    2.67    2.60    2.52    2.45   2.38   2.30   2.22   2.15   2.07   1.99
    70.0       177.8      3.17    3.11    3.05    2.99    2.92    2.86    2.79    2.72    2.65    2.58    2.50   2.43   2.36   2.28   2.20   2.12   2.04
    70.5       179.1      3.23    3.16    3.10    3.04    2.98    2.91    2.84    2.77    2.70    2.63    2.56   2.48   2.41   2.33   2.25   2.17   2.09
    71.0       180.3      3.28    3.21    3.15    3.09    3.03    2.96    2.89    2.82    2.75    2.68    2.61   2.53   2.46   2.38   2.30   2.22   2.14
    71.5       181.6      3.33    3.27    3.21    3.14    3.08    3.01    2.95    2.88    2.81    2.74    2.66   2.59   2.51   2.44   2.36   2.28   2.20
    72.0       182.9      3.38    3.32    3.26    3.20    3.13    3.07    3.00    2.93    2.86    2.79    2.72   2.64   2.57   2.49   2.41   2.33   2.25
    72.5       184.2      3.44    3.38    3.32    3.25    3.19    3.12    3.06    2.99    2.92    2.85    2.77   2.70   2.62   2.55   2.47   2.39   2.31
    73.0       185.4      3.49    3.43    3.37    3.31    3.24    3.18    3.11    3.04    2.97    2.90    2.83   2.75   2.68   2.60   2.52   2.44   2.36
    73.5       186.7      3.55    3.49    3.43    3.36    3.30    3.23    3.16    3.10    3.03    2.95    2.88   2.81   2.73   2.65   2.58   2.50   2.42
    74.0       188.0      3.60    3.54    3.48    3.42    3.35    3.29    3.22    3.15    3.08    3.01    2.94   2.86   2.79   2.71   2.63   2.55   2.47
    74.5       189.2      3.66    3.60    3.53    3.47    3.41    3.34    3.27    3.20    3.13    3.06    2.99   2.92   2.84   2.76   2.69   2.61   2.52
    75.0       190.5      3.71    3.65    3.59    3.53    3.46    3.40    3.33    3.26    3.19    3.12    3.05   2.97   2.90   2.82   2.74   2.66   2.58
    75.5       191.8      3.77    3.71    3.65    3.59    3.52    3.46    3.39    3.32    3.25    3.18    3.11   3.03   2.96   2.88   2.80   2.72   2.64
    76.0       193.0      3.83    3.77    3.70    3.64    3.58    3.51    3.44    3.37    3.30    3.23    3.16   3.08   3.01   2.93   2.85   2.77   2.69
    76.5       194.3      3.88    3.82    3.76    3.70    3.63    3.57    3.50    3.43    3.36    3.29    3.22   3.14   3.07   2.99   2.91   2.83   2.75
    77.0       195.6      3.94    3.88    3.82    3.76    3.69    3.63    3.56    3.49    3.42    3.35    3.28   3.20   3.13   3.05   2.97   2.89   2.81
    77.5       196.9      4.00    3.94    3.88    3.82    3.75    3.69    3.62    3.55    3.48    3.41    3.34   3.26   3.19   3.11   3.03   2.95   2.87
    78.0       198.1      4.06    4.00    3.93    3.87    3.81    3.74    3.67    3.61    3.53    3.46    3.39   3.32   3.24   3.16   3.09   3.01   2.92
    78.5       199.4      4.12    4.06    3.99    3.93    3.87    3.80    3.73    3.67    3.59    3.52    3.45   3.38   3.30   3.22   3.15   3.07   2.98
    79.0       200.7      4.18    4.12    4.06    3.99    3.93    3.86    3.79    3.73    3.66    3.58    3.51   3.44   3.36   3.28   3.21   3.13   3.05
    79.5       201.9      4.23    4.17    4.11    4.05    3.98    3.92    3.85    3.78    3.71    3.64    3.57   3.49   3.42   3.34   3.26   3.18   3.10
    80.0       203.2      4.29    4.23    4.17    4.11    4.04    3.98    3.91    3.84    3.77    3.70    3.63   3.55   3.48   3.40   3.32   3.24   3.16
    80.5       204.5      4.36    4.30    4.23    4.17    4.11    4.04    3.97    3.90    3.83    3.76    3.69   3.62   3.54   3.46   3.38   3.30   3.22
    81.0       205.7      4.41    4.35    4.29    4.23    4.16    4.10    4.03    3.96    3.89    3.82    3.75   3.67   3.60   3.52   3.44   3.36   3.28
    81.5       207.0      4.48    4.42    4.35    4.29    4.23    4.16    4.09    4.02    3.95    3.88    3.81   3.73   3.66   3.58   3.50   3.42   3.34
    82.0       208.3      4.54    4.48    4.42    4.35    4.29    4.22    4.15    4.09    4.02    3.94    3.87   3.80   3.72   3.64   3.57   3.49   3.41
    82.5       209.6      4.60    4.54    4.48    4.42    4.35    4.29    4.22    4.15    4.08    4.01    3.93   3.86   3.79   3.71   3.63   3.55   3.47
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                 Table 2.--Caucasian Females FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
                          [Reference value equation: -0.356 + (0.0187)(age) + (-0.000382)(age \2\) + (0.00012198)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.57    2.53    2.49    2.44    2.40    2.34    2.29    2.23    2.17    2.11    2.04   1.97   1.90   1.82   1.75   1.66   1.58
    61.5       156.2      2.62    2.58    2.54    2.49    2.44    2.39    2.34    2.28    2.22    2.16    2.09   2.02   1.95   1.87   1.80   1.71   1.63
    62.0       157.5      2.67    2.63    2.59    2.54    2.49    2.44    2.39    2.33    2.27    2.21    2.14   2.07   2.00   1.92   1.84   1.76   1.68
    62.5       158.8      2.72    2.68    2.64    2.59    2.54    2.49    2.44    2.38    2.32    2.26    2.19   2.12   2.05   1.97   1.90   1.81   1.73
    63.0       160.0      2.77    2.73    2.68    2.64    2.59    2.54    2.49    2.43    2.37    2.30    2.24   2.17   2.10   2.02   1.94   1.86   1.78
    63.5       161.3      2.82    2.78    2.74    2.69    2.64    2.59    2.54    2.48    2.42    2.36    2.29   2.22   2.15   2.07   1.99   1.91   1.83
    64.0       162.6      2.87    2.83    2.79    2.74    2.69    2.64    2.59    2.53    2.47    2.41    2.34   2.27   2.20   2.12   2.04   1.96   1.88
    64.5       163.8      2.92    2.88    2.83    2.79    2.74    2.69    2.64    2.58    2.52    2.45    2.39   2.32   2.25   2.17   2.09   2.01   1.93
    65.0       165.1      2.97    2.93    2.89    2.84    2.79    2.74    2.69    2.63    2.57    2.51    2.44   2.37   2.30   2.22   2.14   2.06   1.98
    65.5       166.4      3.02    2.98    2.94    2.89    2.85    2.79    2.74    2.68    2.62    2.56    2.49   2.42   2.35   2.27   2.20   2.11   2.03
    66.0       167.6      3.07    3.03    2.99    2.94    2.90    2.85    2.79    2.73    2.67    2.61    2.54   2.47   2.40   2.33   2.25   2.17   2.08
    66.5       168.9      3.12    3.08    3.04    3.00    2.95    2.90    2.84    2.79    2.73    2.66    2.60   2.53   2.45   2.38   2.30   2.22   2.13
    67.0       170.2      3.18    3.14    3.10    3.05    3.00    2.95    2.90    2.84    2.78    2.72    2.65   2.58   2.51   2.43   2.35   2.27   2.19
    67.5       171.5      3.23    3.19    3.15    3.10    3.06    3.01    2.95    2.89    2.83    2.77    2.70   2.63   2.56   2.49   2.41   2.32   2.24
    68.0       172.7      3.28    3.24    3.20    3.16    3.11    3.06    3.00    2.94    2.88    2.82    2.75   2.68   2.61   2.54   2.46   2.38   2.29
    68.5       174.0      3.34    3.30    3.26    3.21    3.16    3.11    3.06    3.00    2.94    2.88    2.81   2.74   2.67   2.59   2.51   2.43   2.35
    69.0       175.3      3.39    3.35    3.31    3.27    3.22    3.17    3.11    3.05    2.99    2.93    2.86   2.79   2.72   2.65   2.57   2.49   2.40
    69.5       176.5      3.44    3.40    3.36    3.32    3.27    3.22    3.16    3.11    3.05    2.98    2.92   2.85   2.77   2.70   2.62   2.54   2.45
    70.0       177.8      3.50    3.46    3.42    3.37    3.32    3.27    3.22    3.16    3.10    3.04    2.97   2.90   2.83   2.75   2.68   2.59   2.51
    70.5       179.1      3.56    3.52    3.47    3.43    3.38    3.33    3.28    3.22    3.16    3.09    3.03   2.96   2.89   2.81   2.73   2.65   2.57
    71.0       180.3      3.61    3.57    3.53    3.48    3.43    3.38    3.33    3.27    3.21    3.15    3.08   3.01   2.94   2.86   2.78   2.70   2.62
    71.5       181.6      3.67    3.63    3.58    3.54    3.49    3.44    3.39    3.33    3.27    3.20    3.14   3.07   3.00   2.92   2.84   2.76   2.68
    72.0       182.9      3.72    3.68    3.64    3.60    3.55    3.50    3.44    3.39    3.33    3.26    3.20   3.13   3.05   2.98   2.90   2.82   2.73
    72.5       184.2      3.78    3.74    3.70    3.66    3.61    3.56    3.50    3.44    3.38    3.32    3.25   3.18   3.11   3.04   2.96   2.88   2.79
    73.0       185.4      3.84    3.80    3.75    3.71    3.66    3.61    3.56    3.50    3.44    3.37    3.31   3.24   3.17   3.09   3.01   2.93   2.85
    73.5       186.7      3.89    3.86    3.81    3.77    3.72    3.67    3.62    3.56    3.50    3.43    3.37   3.30   3.23   3.15   3.07   2.99   2.90
    74.0       188.0      3.95    3.92    3.87    3.83    3.78    3.73    3.67    3.62    3.56    3.49    3.43   3.36   3.28   3.21   3.13   3.05   2.96
    74.5       189.2      4.01    3.97    3.93    3.88    3.84    3.78    3.73    3.67    3.61    3.55    3.48   3.41   3.34   3.26   3.19   3.10   3.02
    75.0       190.5      4.07    4.03    3.99    3.94    3.90    3.84    3.79    3.73    3.67    3.61    3.54   3.47   3.40   3.32   3.25   3.16   3.08
    75.5       191.8      4.13    4.09    4.05    4.00    3.96    3.90    3.85    3.79    3.73    3.67    3.60   3.53   3.46   3.39   3.31   3.22   3.14
    76.0       193.0      4.19    4.15    4.11    4.06    4.01    3.96    3.91    3.85    3.79    3.73    3.66   3.59   3.52   3.44   3.36   3.28   3.20
    76.5       194.3      4.25    4.21    4.17    4.12    4.07    4.02    3.97    3.91    3.85    3.79    3.72   3.65   3.58   3.50   3.42   3.34   3.26
    77.0       195.6      4.31    4.27    4.23    4.18    4.14    4.08    4.03    3.97    3.91    3.85    3.78   3.71   3.64   3.56   3.49   3.40   3.32
    77.5       196.9      4.37    4.33    4.29    4.25    4.20    4.15    4.09    4.04    3.97    3.91    3.84   3.78   3.70   3.63   3.55   3.47   3.38

[[Page 13665]]

 
    78.0       198.1      4.43    4.39    4.35    4.30    4.26    4.20    4.15    4.09    4.03    3.97    3.90   3.83   3.76   3.68   3.61   3.52   3.44
    78.5       199.4      4.49    4.45    4.41    4.37    4.32    4.27    4.21    4.16    4.10    4.03    3.97   3.90   3.82   3.75   3.67   3.59   3.50
    79.0       200.7      4.56    4.52    4.48    4.43    4.38    4.33    4.28    4.22    4.16    4.10    4.03   3.96   3.89   3.81   3.73   3.65   3.57
    79.5       201.9      4.62    4.58    4.53    4.49    4.44    4.39    4.34    4.28    4.22    4.15    4.09   4.02   3.95   3.87   3.79   3.71   3.62
    80.0       203.2      4.68    4.64    4.60    4.55    4.51    4.45    4.40    4.34    4.28    4.22    4.15   4.08   4.01   3.93   3.86   3.77   3.69
    80.5       204.5      4.74    4.71    4.66    4.62    4.57    4.52    4.46    4.41    4.35    4.28    4.22   4.15   4.07   4.00   3.92   3.84   3.75
    81.0       205.7      4.80    4.77    4.72    4.68    4.63    4.58    4.52    4.47    4.41    4.34    4.28   4.21   4.13   4.06   3.98   3.90   3.81
    81.5       207.0      4.87    4.83    4.79    4.74    4.70    4.64    4.59    4.53    4.47    4.41    4.34   4.27   4.20   4.12   4.05   3.96   3.88
    82.0       208.3      4.94    4.90    4.85    4.81    4.76    4.71    4.66    4.60    4.54    4.47    4.41   4.34   4.27   4.19   4.11   4.03   3.94
    82.5       209.6      5.00    4.96    4.92    4.88    4.83    4.78    4.72    4.66    4.60    4.54    4.47   4.40   4.33   4.26   4.18   4.10   4.01
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                Table 2A.--Caucasian Females FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
                           [Reference value equation: 0.4333 + (-0.00361)(age) + (-0.000194)(age 2) + (0.00009283)(height 2)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.02    1.97    1.92    1.88    1.82    1.77    1.72    1.66    1.61    1.55    1.49   1.43   1.36   1.30   1.23   1.16   1.10
    61.5       156.2      2.06    2.01    1.96    1.91    1.86    1.81    1.76    1.70    1.64    1.59    1.53   1.46   1.40   1.34   1.27   1.20   1.13
    62.0       157.5      2.09    2.05    2.00    1.95    1.90    1.85    1.79    1.74    1.68    1.62    1.56   1.50   1.44   1.37   1.31   1.24   1.17
    62.5       158.8      2.13    2.09    2.04    1.99    1.94    1.89    1.83    1.78    1.72    1.66    1.60   1.54   1.48   1.41   1.35   1.28   1.21
    63.0       160.0      2.17    2.12    2.07    2.02    1.97    1.92    1.87    1.81    1.76    1.70    1.64   1.58   1.51   1.45   1.38   1.31   1.24
    63.5       161.3      2.21    2.16    2.11    2.06    2.01    1.96    1.91    1.85    1.79    1.74    1.68   1.61   1.55   1.49   1.42   1.35   1.28
    64.0       162.6      2.24    2.20    2.15    2.10    2.05    2.00    1.95    1.89    1.83    1.77    1.71   1.65   1.59   1.53   1.46   1.39   1.32
    64.5       163.8      2.28    2.24    2.19    2.14    2.09    2.04    1.98    1.93    1.87    1.81    1.75   1.69   1.63   1.56   1.50   1.43   1.36
    65.0       165.1      2.32    2.27    2.23    2.18    2.13    2.08    2.02    1.97    1.91    1.85    1.79   1.73   1.67   1.60   1.54   1.47   1.40
    65.5       166.4      2.36    2.31    2.27    2.22    2.17    2.11    2.06    2.01    1.95    1.89    1.83   1.77   1.71   1.64   1.57   1.51   1.44
    66.0       167.6      2.40    2.35    2.31    2.26    2.21    2.15    2.10    2.04    1.99    1.93    1.87   1.81   1.74   1.68   1.61   1.55   1.48
    66.5       168.9      2.44    2.39    2.35    2.30    2.25    2.19    2.14    2.08    2.03    1.97    1.91   1.85   1.78   1.72   1.65   1.59   1.52
    67.0       170.2      2.48    2.43    2.39    2.34    2.29    2.23    2.18    2.12    2.07    2.01    1.95   1.89   1.83   1.76   1.69   1.63   1.56
    67.5       171.5      2.52    2.47    2.43    2.38    2.33    2.28    2.22    2.17    2.11    2.05    1.99   1.93   1.87   1.80   1.74   1.67   1.60
    68.0       172.7      2.56    2.51    2.47    2.42    2.37    2.31    2.26    2.20    2.15    2.09    2.03   1.97   1.90   1.84   1.77   1.71   1.64
    68.5       174.0      2.60    2.56    2.51    2.46    2.41    2.36    2.30    2.25    2.19    2.13    2.07   2.01   1.95   1.88   1.82   1.75   1.68
    69.0       175.3      2.64    2.60    2.55    2.50    2.45    2.40    2.34    2.29    2.23    2.17    2.11   2.05   1.99   1.92   1.86   1.79   1.72
    69.5       176.5      2.68    2.64    2.59    2.54    2.49    2.44    2.38    2.33    2.27    2.21    2.15   2.09   2.03   1.96   1.90   1.83   1.76
    70.0       177.8      2.73    2.68    2.63    2.58    2.53    2.48    2.43    2.37    2.31    2.26    2.20   2.13   2.07   2.01   1.94   1.87   1.80
    70.5       179.1      2.77    2.72    2.67    2.63    2.57    2.52    2.47    2.41    2.36    2.30    2.24   2.18   2.11   2.05   1.98   1.92   1.85
    71.0       180.3      2.81    2.76    2.71    2.67    2.61    2.56    2.51    2.45    2.40    2.34    2.28   2.22   2.15   2.09   2.02   1.96   1.89
    71.5       181.6      2.85    2.81    2.76    2.71    2.66    2.61    2.55    2.50    2.44    2.38    2.32   2.26   2.20   2.13   2.07   2.00   1.93
    72.0       182.9      2.90    2.85    2.80    2.75    2.70    2.65    2.60    2.54    2.48    2.43    2.37   2.30   2.24   2.18   2.11   2.04   1.97
    72.5       184.2      2.94    2.89    2.85    2.80    2.75    2.69    2.64    2.59    2.53    2.47    2.41   2.35   2.29   2.22   2.15   2.09   2.02
    73.0       185.4      2.98    2.94    2.89    2.84    2.79    2.74    2.68    2.63    2.57    2.51    2.45   2.39   2.33   2.26   2.20   2.13   2.06
    73.5       186.7      3.03    2.98    2.93    2.88    2.83    2.78    2.73    2.67    2.61    2.56    2.50   2.43   2.37   2.31   2.24   2.17   2.10
    74.0       188.0      3.07    3.03    2.98    2.93    2.88    2.83    2.77    2.72    2.66    2.60    2.54   2.48   2.42   2.35   2.29   2.22   2.15
    74.5       189.2      3.11    3.07    3.02    2.97    2.92    2.87    2.81    2.76    2.70    2.64    2.58   2.52   2.46   2.39   2.33   2.26   2.19
    75.0       190.5      3.16    3.11    3.07    3.02    2.97    2.91    2.86    2.80    2.75    2.69    2.63   2.57   2.50   2.44   2.37   2.31   2.24
    75.5       191.8      3.21    3.16    3.11    3.06    3.01    2.96    2.91    2.85    2.79    2.74    2.68   2.61   2.55   2.49   2.42   2.35   2.28
    76.0       193.0      3.25    3.20    3.15    3.11    3.06    3.00    2.95    2.89    2.84    2.78    2.72   2.66   2.59   2.53   2.46   2.40   2.33
    76.5       194.3      3.30    3.25    3.20    3.15    3.10    3.05    3.00    2.94    2.88    2.83    2.77   2.70   2.64   2.58   2.51   2.44   2.37
    77.0       195.6      3.34    3.30    3.25    3.20    3.15    3.10    3.04    2.99    2.93    2.87    2.81   2.75   2.69   2.62   2.56   2.49   2.42
    77.5       196.9      3.39    3.34    3.30    3.25    3.20    3.14    3.09    3.03    2.98    2.92    2.86   2.80   2.73   2.67   2.60   2.54   2.47
    78.0       198.1      3.43    3.39    3.34    3.29    3.24    3.19    3.13    3.08    3.02    2.96    2.90   2.84   2.78   2.71   2.65   2.58   2.51
    78.5       199.4      3.48    3.44    3.39    3.34    3.29    3.24    3.18    3.13    3.07    3.01    2.95   2.89   2.83   2.76   2.70   2.63   2.56
    79.0       200.7      3.53    3.48    3.44    3.39    3.34    3.28    3.23    3.18    3.12    3.06    3.00   2.94   2.88   2.81   2.74   2.68   2.61
    79.5       201.9      3.57    3.53    3.48    3.43    3.38    3.33    3.28    3.22    3.16    3.10    3.04   2.98   2.92   2.86   2.79   2.72   2.65
    80.0       203.2      3.62    3.58    3.53    3.48    3.43    3.38    3.32    3.27    3.21    3.15    3.09   3.03   2.97   2.90   2.84   2.77   2.70
    80.5       204.5      3.67    3.63    3.58    3.53    3.48    3.43    3.37    3.32    3.26    3.20    3.14   3.08   3.02   2.95   2.89   2.82   2.75
    81.0       205.7      3.72    3.67    3.62    3.58    3.53    3.47    3.42    3.36    3.31    3.25    3.19   3.13   3.06   3.00   2.93   2.87   2.80
    81.5       207.0      3.77    3.72    3.67    3.63    3.57    3.52    3.47    3.41    3.36    3.30    3.24   3.18   3.11   3.05   2.98   2.92   2.85
    82.0       208.3      3.82    3.77    3.72    3.68    3.63    3.57    3.52    3.46    3.41    3.35    3.29   3.23   3.16   3.10   3.03   2.97   2.90
    82.5       209.6      3.87    3.82    3.78    3.73    3.68    3.62    3.57    3.51    3.46    3.40    3.34   3.28   3.21   3.15   3.08   3.02   2.95
--------------------------------------------------------------------------------------------------------------------------------------------------------


                               Table 3.--African American Males FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
                                     [Reference value equation: -0.1517 + (-0.01821)(age) + (0.0001367)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.24    2.20    2.16    2.13    2.09    2.05    2.02    1.98    1.94    1.91    1.87   1.84   1.80   1.76   1.73   1.69   1.65
    61.5       156.2      2.29    2.25    2.22    2.18    2.15    2.11    2.07    2.04    2.00    1.96    1.93   1.89   1.85   1.82   1.78   1.74   1.71
    62.0       157.5      2.35    2.31    2.27    2.24    2.20    2.16    2.13    2.09    2.06    2.02    1.98   1.95   1.91   1.87   1.84   1.80   1.76

[[Page 13666]]

 
    62.5       158.8      2.40    2.37    2.33    2.29    2.26    2.22    2.18    2.15    2.11    2.08    2.04   2.00   1.97   1.93   1.89   1.86   1.82
    63.0       160.0      2.46    2.42    2.38    2.35    2.31    2.27    2.24    2.20    2.16    2.13    2.09   2.05   2.02   1.98   1.95   1.91   1.87
    63.5       161.3      2.51    2.48    2.44    2.40    2.37    2.33    2.29    2.26    2.22    2.18    2.15   2.11   2.08   2.04   2.00   1.97   1.93
    64.0       162.6      2.57    2.53    2.50    2.46    2.42    2.39    2.35    2.32    2.28    2.24    2.21   2.17   2.13   2.10   2.06   2.02   1.99
    64.5       163.8      2.62    2.59    2.55    2.51    2.48    2.44    2.41    2.37    2.33    2.30    2.26   2.22   2.19   2.15   2.11   2.08   2.04
    65.0       165.1      2.68    2.65    2.61    2.57    2.54    2.50    2.46    2.43    2.39    2.35    2.32   2.28   2.25   2.21   2.17   2.14   2.10
    65.5       166.4      2.74    2.70    2.67    2.63    2.59    2.56    2.52    2.48    2.45    2.41    2.38   2.34   2.30   2.27   2.23   2.19   2.16
    66.0       167.6      2.80    2.76    2.72    2.69    2.65    2.62    2.58    2.54    2.51    2.47    2.43   2.40   2.36   2.32   2.29   2.25   2.21
    66.5       168.9      2.86    2.82    2.78    2.75    2.71    2.67    2.64    2.60    2.56    2.53    2.49   2.46   2.42   2.38   2.35   2.31   2.27
    67.0       170.2      2.92    2.88    2.84    2.81    2.77    2.73    2.70    2.66    2.62    2.59    2.55   2.52   2.48   2.44   2.41   2.37   2.33
    67.5       171.5      2.98    2.94    2.90    2.87    2.83    2.79    2.76    2.72    2.69    2.65    2.61   2.58   2.54   2.50   2.47   2.43   2.39
    68.0       172.7      3.03    3.00    2.96    2.92    2.89    2.85    2.81    2.78    2.74    2.71    2.67   2.63   2.60   2.56   2.52   2.49   2.45
    68.5       174.0      3.09    3.06    3.02    2.99    2.95    2.91    2.88    2.84    2.80    2.77    2.73   2.69   2.66   2.62   2.58   2.55   2.51
    69.0       175.3      3.16    3.12    3.08    3.05    3.01    2.97    2.94    2.90    2.87    2.83    2.79   2.76   2.72   2.68   2.65   2.61   2.57
    69.5       176.5      3.21    3.18    3.14    3.11    3.07    3.03    3.00    2.96    2.92    2.89    2.85   2.81   2.78   2.74   2.70   2.67   2.63
    70.0       177.8      3.28    3.24    3.20    3.17    3.13    3.10    3.06    3.02    2.99    2.95    2.91   2.88   2.84   2.80   2.77   2.73   2.69
    70.5       179.1      3.34    3.30    3.27    3.23    3.20    3.16    3.12    3.09    3.05    3.01    2.98   2.94   2.90   2.87   2.83   2.79   2.76
    71.0       180.3      3.40    3.36    3.33    3.29    3.25    3.22    3.18    3.14    3.11    3.07    3.04   3.00   2.96   2.93   2.89   2.85   2.82
    71.5       181.6      3.46    3.43    3.39    3.35    3.32    3.28    3.25    3.21    3.17    3.14    3.10   3.06   3.03   2.99   2.95   2.92   2.88
    72.0       182.9      3.53    3.49    3.46    3.42    3.38    3.35    3.31    3.27    3.24    3.20    3.16   3.13   3.09   3.06   3.02   2.98   2.95
    72.5       184.2      3.59    3.56    3.52    3.48    3.45    3.41    3.38    3.34    3.30    3.27    3.23   3.19   3.16   3.12   3.08   3.05   3.01
    73.0       185.4      3.65    3.62    3.58    3.55    3.51    3.47    3.44    3.40    3.36    3.33    3.29   3.25   3.22   3.18   3.14   3.11   3.07
    73.5       186.7      3.72    3.68    3.65    3.61    3.58    3.54    3.50    3.47    3.43    3.39    3.36   3.32   3.28   3.25   3.21   3.17   3.14
    74.0       188.0      3.79    3.75    3.71    3.68    3.64    3.61    3.57    3.53    3.50    3.46    3.42   3.39   3.35   3.31   3.28   3.24   3.20
    74.5       189.2      3.85    3.81    3.78    3.74    3.70    3.67    3.63    3.59    3.56    3.52    3.49   3.45   3.41   3.38   3.34   3.30   3.27
    75.0       190.5      3.92    3.88    3.84    3.81    3.77    3.73    3.70    3.66    3.63    3.59    3.55   3.52   3.48   3.44   3.41   3.37   3.33
    75.5       191.8      3.98    3.95    3.91    3.88    3.84    3.80    3.77    3.73    3.69    3.66    3.62   3.58   3.55   3.51   3.47   3.44   3.40
    76.0       193.0      4.05    4.01    3.98    3.94    3.90    3.87    3.83    3.79    3.76    3.72    3.68   3.65   3.61   3.57   3.54   3.50   3.47
    76.5       194.3      4.12    4.08    4.04    4.01    3.97    3.93    3.90    3.86    3.83    3.79    3.75   3.72   3.68   3.64   3.61   3.57   3.53
    77.0       195.6      4.19    4.15    4.11    4.08    4.04    4.00    3.97    3.93    3.89    3.86    3.82   3.79   3.75   3.71   3.68   3.64   3.60
    77.5       196.9      4.26    4.22    4.18    4.15    4.11    4.07    4.04    4.00    3.96    3.93    3.89   3.86   3.82   3.78   3.75   3.71   3.67
    78.0       198.1      4.32    4.28    4.25    4.21    4.17    4.14    4.10    4.07    4.03    3.99    3.96   3.92   3.88   3.85   3.81   3.77   3.74
    78.5       199.4      4.39    4.35    4.32    4.28    4.25    4.21    4.17    4.14    4.10    4.06    4.03   3.99   3.95   3.92   3.88   3.84   3.81
    79.0       200.7      4.46    4.43    4.39    4.35    4.32    4.28    4.24    4.21    4.17    4.13    4.10   4.06   4.03   3.99   3.95   3.92   3.88
    79.5       201.9      4.53    4.49    4.46    4.42    4.38    4.35    4.31    4.27    4.24    4.20    4.16   4.13   4.09   4.05   4.02   3.98   3.95
    80.0       203.2      4.60    4.56    4.53    4.49    4.45    4.42    4.38    4.35    4.31    4.27    4.24   4.20   4.16   4.13   4.09   4.05   4.02
    80.5       204.5      4.67    4.64    4.60    4.56    4.53    4.49    4.45    4.42    4.38    4.35    4.31   4.27   4.24   4.20   4.16   4.13   4.09
    81.0       205.7      4.74    4.70    4.67    4.63    4.59    4.56    4.52    4.49    4.45    4.41    4.38   4.34   4.30   4.27   4.23   4.19   4.16
    81.5       207.0      4.81    4.78    4.74    4.70    4.67    4.63    4.59    4.56    4.52    4.49    4.45   4.41   4.38   4.34   4.30   4.27   4.23
    82.0       208.3      4.89    4.85    4.81    4.78    4.74    4.71    4.67    4.63    4.60    4.56    4.52   4.49   4.45   4.41   4.38   4.34   4.30
    82.5       209.6      4.96    4.93    4.89    4.85    4.82    4.78    4.74    4.71    4.67    4.63    4.60   4.56   4.52   4.49   4.45   4.42   4.38
--------------------------------------------------------------------------------------------------------------------------------------------------------


                             Table 3A.--African American Males FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
                                     [Reference value equation: 0.3411 + (-0.02309)(age) + (0.00010561)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      1.74    1.70    1.65    1.61    1.56    1.51    1.47    1.42    1.37    1.33    1.28   1.24   1.19   1.14   1.10   1.05   1.00
    61.5       156.2      1.79    1.74    1.69    1.65    1.60    1.56    1.51    1.46    1.42    1.37    1.32   1.28   1.23   1.19   1.14   1.09   1.05
    62.0       157.5      1.83    1.78    1.74    1.69    1.64    1.60    1.55    1.51    1.46    1.41    1.37   1.32   1.28   1.23   1.18   1.14   1.09
    62.5       158.8      1.87    1.83    1.78    1.73    1.69    1.64    1.60    1.55    1.50    1.46    1.41   1.36   1.32   1.27   1.23   1.18   1.13
    63.0       160.0      1.91    1.87    1.82    1.77    1.73    1.68    1.64    1.59    1.54    1.50    1.45   1.41   1.36   1.31   1.27   1.22   1.17
    63.5       161.3      1.96    1.91    1.87    1.82    1.77    1.73    1.68    1.63    1.59    1.54    1.50   1.45   1.40   1.36   1.31   1.26   1.22
    64.0       162.6      2.00    1.96    1.91    1.86    1.82    1.77    1.72    1.68    1.63    1.59    1.54   1.49   1.45   1.40   1.36   1.31   1.26
    64.5       163.8      2.04    2.00    1.95    1.90    1.86    1.81    1.77    1.72    1.67    1.63    1.58   1.54   1.49   1.44   1.40   1.35   1.30
    65.0       165.1      2.09    2.04    2.00    1.95    1.90    1.86    1.81    1.77    1.72    1.67    1.63   1.58   1.53   1.49   1.44   1.40   1.35
    65.5       166.4      2.13    2.09    2.04    1.99    1.95    1.90    1.86    1.81    1.76    1.72    1.67   1.62   1.58   1.53   1.49   1.44   1.39
    66.0       167.6      2.18    2.13    2.09    2.04    1.99    1.95    1.90    1.85    1.81    1.76    1.72   1.67   1.62   1.58   1.53   1.48   1.44
    66.5       168.9      2.22    2.18    2.13    2.08    2.04    1.99    1.95    1.90    1.85    1.81    1.76   1.71   1.67   1.62   1.58   1.53   1.48
    67.0       170.2      2.27    2.22    2.18    2.13    2.08    2.04    1.99    1.95    1.90    1.85    1.81   1.76   1.71   1.67   1.62   1.58   1.53
    67.5       171.5      2.32    2.27    2.22    2.18    2.13    2.09    2.04    1.99    1.95    1.90    1.85   1.81   1.76   1.72   1.67   1.62   1.58
    68.0       172.7      2.36    2.31    2.27    2.22    2.17    2.13    2.08    2.04    1.99    1.94    1.90   1.85   1.81   1.76   1.71   1.67   1.62
    68.5       174.0      2.41    2.36    2.31    2.27    2.22    2.18    2.13    2.08    2.04    1.99    1.95   1.90   1.85   1.81   1.76   1.71   1.67
    69.0       175.3      2.46    2.41    2.36    2.32    2.27    2.22    2.18    2.13    2.09    2.04    1.99   1.95   1.90   1.85   1.81   1.76   1.72
    69.5       176.5      2.50    2.45    2.41    2.36    2.31    2.27    2.22    2.18    2.13    2.08    2.04   1.99   1.95   1.90   1.85   1.81   1.76
    70.0       177.8      2.55    2.50    2.46    2.41    2.36    2.32    2.27    2.23    2.18    2.13    2.09   2.04   1.99   1.95   1.90   1.86   1.81
    70.5       179.1      2.60    2.55    2.50    2.46    2.41    2.37    2.32    2.27    2.23    2.18    2.14   2.09   2.04   2.00   1.95   1.90   1.86
    71.0       180.3      2.64    2.60    2.55    2.50    2.46    2.41    2.37    2.32    2.27    2.23    2.18   2.13   2.09   2.04   2.00   1.95   1.90
    71.5       181.6      2.69    2.65    2.60    2.55    2.51    2.46    2.42    2.37    2.32    2.28    2.23   2.18   2.14   2.09   2.05   2.00   1.95
    72.0       182.9      2.74    2.70    2.65    2.60    2.56    2.51    2.47    2.42    2.37    2.33    2.28   2.23   2.19   2.14   2.10   2.05   2.00
    72.5       184.2      2.79    2.75    2.70    2.65    2.61    2.56    2.52    2.47    2.42    2.38    2.33   2.29   2.24   2.19   2.15   2.10   2.05
    73.0       185.4      2.84    2.79    2.75    2.70    2.66    2.61    2.56    2.52    2.47    2.42    2.38   2.33   2.29   2.24   2.19   2.15   2.10
    73.5       186.7      2.89    2.84    2.80    2.75    2.71    2.66    2.61    2.57    2.52    2.48    2.43   2.38   2.34   2.29   2.24   2.20   2.15

[[Page 13667]]

 
    74.0       188.0      2.94    2.90    2.85    2.80    2.76    2.71    2.67    2.62    2.57    2.53    2.48   2.43   2.39   2.34   2.30   2.25   2.20
    74.5       189.2      2.99    2.94    2.90    2.85    2.81    2.76    2.71    2.67    2.62    2.57    2.53   2.48   2.44   2.39   2.34   2.30   2.25
    75.0       190.5      3.04    3.00    2.95    2.90    2.86    2.81    2.77    2.72    2.67    2.63    2.58   2.53   2.49   2.44   2.40   2.35   2.30
    75.5       191.8      3.09    3.05    3.00    2.96    2.91    2.86    2.82    2.77    2.73    2.68    2.63   2.59   2.54   2.49   2.45   2.40   2.36
    76.0       193.0      3.14    3.10    3.05    3.01    2.96    2.91    2.87    2.82    2.77    2.73    2.68   2.64   2.59   2.54   2.50   2.45   2.40
    76.5       194.3      3.20    3.15    3.10    3.06    3.01    2.97    2.92    2.87    2.83    2.78    2.73   2.69   2.64   2.60   2.55   2.50   2.46
    77.0       195.6      3.25    3.20    3.16    3.11    3.07    3.02    2.97    2.93    2.88    2.83    2.79   2.74   2.70   2.65   2.60   2.56   2.51
    77.5       196.9      3.30    3.26    3.21    3.17    3.12    3.07    3.03    2.98    2.93    2.89    2.84   2.80   2.75   2.70   2.66   2.61   2.57
    78.0       198.1      3.35    3.31    3.26    3.22    3.17    3.12    3.08    3.03    2.98    2.94    2.89   2.85   2.80   2.75   2.71   2.66   2.62
    78.5       199.4      3.41    3.36    3.32    3.27    3.22    3.18    3.13    3.09    3.04    2.99    2.95   2.90   2.85   2.81   2.76   2.72   2.67
    79.0       200.7      3.46    3.42    3.37    3.33    3.28    3.23    3.19    3.14    3.09    3.05    3.00   2.96   2.91   2.86   2.82   2.77   2.72
    79.5       201.9      3.51    3.47    3.42    3.38    3.33    3.28    3.24    3.19    3.15    3.10    3.05   3.01   2.96   2.91   2.87   2.82   2.78
    80.0       203.2      3.57    3.52    3.48    3.43    3.39    3.34    3.29    3.25    3.20    3.15    3.11   3.06   3.02   2.97   2.92   2.88   2.83
    80.5       204.5      3.63    3.58    3.53    3.49    3.44    3.40    3.35    3.30    3.26    3.21    3.16   3.12   3.07   3.03   2.98   2.93   2.89
    81.0       205.7      3.68    3.63    3.59    3.54    3.49    3.45    3.40    3.36    3.31    3.26    3.22   3.17   3.12   3.08   3.03   2.99   2.94
    81.5       207.0      3.73    3.69    3.64    3.60    3.55    3.50    3.46    3.41    3.37    3.32    3.27   3.23   3.18   3.13   3.09   3.04   3.00
    82.0       208.3      3.79    3.75    3.70    3.65    3.61    3.56    3.51    3.47    3.42    3.38    3.33   3.28   3.24   3.19   3.15   3.10   3.05
    82.5       209.6      3.85    3.80    3.76    3.71    3.66    3.62    3.57    3.53    3.48    3.43    3.39   3.34   3.30   3.25   3.20   3.16   3.11
--------------------------------------------------------------------------------------------------------------------------------------------------------


                              Table 4.--African American Females FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
                         [Reference value equation: -0.3039 + (0.00536)(age) + (-0.000265)(age \2\) + (0.00010916)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      1.94    1.90    1.85    1.81    1.76    1.71    1.66    1.60    1.54    1.48    1.42   1.36   1.29   1.23   1.16   1.08   1.01
    61.5       156.2      1.99    1.94    1.90    1.85    1.80    1.75    1.70    1.65    1.59    1.53    1.47   1.40   1.34   1.27   1.20   1.13   1.05
    62.0       157.5      2.03    1.99    1.94    1.90    1.85    1.80    1.74    1.69    1.63    1.57    1.51   1.45   1.38   1.32   1.25   1.17   1.10
    62.5       158.8      2.08    2.03    1.99    1.94    1.89    1.84    1.79    1.73    1.68    1.62    1.56   1.49   1.43   1.36   1.29   1.22   1.14
    63.0       160.0      2.12    2.07    2.03    1.98    1.94    1.88    1.83    1.78    1.72    1.66    1.60   1.54   1.47   1.40   1.33   1.26   1.19
    63.5       161.3      2.16    2.12    2.08    2.03    1.98    1.93    1.88    1.82    1.76    1.71    1.64   1.58   1.52   1.45   1.38   1.31   1.23
    64.0       162.6      2.21    2.17    2.12    2.08    2.03    1.98    1.92    1.87    1.81    1.75    1.69   1.63   1.56   1.49   1.42   1.35   1.28
    64.5       163.8      2.25    2.21    2.16    2.12    2.07    2.02    1.97    1.91    1.85    1.79    1.73   1.67   1.60   1.54   1.47   1.39   1.32
    65.0       165.1      2.30    2.26    2.21    2.16    2.12    2.07    2.01    1.96    1.90    1.84    1.78   1.72   1.65   1.58   1.51   1.44   1.37
    65.5       166.4      2.34    2.30    2.26    2.21    2.16    2.11    2.06    2.00    1.95    1.89    1.83   1.76   1.70   1.63   1.56   1.49   1.41
    66.0       167.6      2.39    2.35    2.30    2.26    2.21    2.16    2.10    2.05    1.99    1.93    1.87   1.81   1.74   1.68   1.61   1.53   1.46
    66.5       168.9      2.44    2.39    2.35    2.30    2.26    2.20    2.15    2.10    2.04    1.98    1.92   1.86   1.79   1.72   1.65   1.58   1.51
    67.0       170.2      2.48    2.44    2.40    2.35    2.30    2.25    2.20    2.14    2.09    2.03    1.97   1.90   1.84   1.77   1.70   1.63   1.55
    67.5       171.5      2.53    2.49    2.45    2.40    2.35    2.30    2.25    2.19    2.14    2.08    2.01   1.95   1.89   1.82   1.75   1.68   1.60
    68.0       172.7      2.58    2.54    2.49    2.45    2.40    2.35    2.29    2.24    2.18    2.12    2.06   2.00   1.93   1.86   1.79   1.72   1.65
    68.5       174.0      2.63    2.59    2.54    2.49    2.45    2.39    2.34    2.29    2.23    2.17    2.11   2.05   1.98   1.91   1.84   1.77   1.70
    69.0       175.3      2.68    2.63    2.59    2.54    2.50    2.44    2.39    2.34    2.28    2.22    2.16   2.10   2.03   1.96   1.89   1.82   1.75
    69.5       176.5      2.72    2.68    2.64    2.59    2.54    2.49    2.44    2.38    2.33    2.27    2.20   2.14   2.08   2.01   1.94   1.87   1.79
    70.0       177.8      2.77    2.73    2.69    2.64    2.59    2.54    2.49    2.43    2.38    2.32    2.26   2.19   2.13   2.06   1.99   1.92   1.84
    70.5       179.1      2.82    2.78    2.74    2.69    2.64    2.59    2.54    2.48    2.43    2.37    2.31   2.24   2.18   2.11   2.04   1.97   1.89
    71.0       180.3      2.87    2.83    2.78    2.74    2.69    2.64    2.59    2.53    2.47    2.41    2.35   2.29   2.22   2.16   2.09   2.01   1.94
    71.5       181.6      2.92    2.88    2.84    2.79    2.74    2.69    2.64    2.58    2.52    2.47    2.40   2.34   2.28   2.21   2.14   2.07   1.99
    72.0       182.9      2.97    2.93    2.89    2.84    2.79    2.74    2.69    2.63    2.58    2.52    2.46   2.39   2.33   2.26   2.19   2.12   2.04
    72.5       184.2      3.03    2.98    2.94    2.89    2.84    2.79    2.74    2.69    2.63    2.57    2.51   2.44   2.38   2.31   2.24   2.17   2.10
    73.0       185.4      3.07    3.03    2.99    2.94    2.89    2.84    2.79    2.73    2.68    2.62    2.56   2.49   2.43   2.36   2.29   2.22   2.14
    73.5       186.7      3.13    3.09    3.04    2.99    2.95    2.89    2.84    2.79    2.73    2.67    2.61   2.55   2.48   2.41   2.34   2.27   2.20
    74.0       188.0      3.18    3.14    3.09    3.05    3.00    2.95    2.90    2.84    2.78    2.72    2.66   2.60   2.53   2.47   2.40   2.32   2.25
    74.5       189.2      3.23    3.19    3.14    3.10    3.05    3.00    2.94    2.89    2.83    2.77    2.71   2.65   2.58   2.52   2.45   2.37   2.30
    75.0       190.5      3.28    3.24    3.20    3.15    3.10    3.05    3.00    2.94    2.89    2.83    2.77   2.70   2.64   2.57   2.50   2.43   2.35
    75.5       191.8      3.34    3.30    3.25    3.20    3.16    3.11    3.05    3.00    2.94    2.88    2.82   2.76   2.69   2.62   2.55   2.48   2.41
    76.0       193.0      3.39    3.35    3.30    3.26    3.21    3.16    3.10    3.05    2.99    2.93    2.87   2.81   2.74   2.67   2.60   2.53   2.46
    76.5       194.3      3.44    3.40    3.36    3.31    3.26    3.21    3.16    3.10    3.05    2.99    2.93   2.86   2.80   2.73   2.66   2.59   2.51
    77.0       195.6      3.50    3.46    3.41    3.37    3.32    3.27    3.21    3.16    3.10    3.04    2.98   2.92   2.85   2.78   2.71   2.64   2.57
    77.5       196.9      3.55    3.51    3.47    3.42    3.37    3.32    3.27    3.21    3.16    3.10    3.04   2.97   2.91   2.84   2.77   2.70   2.62
    78.0       198.1      3.61    3.56    3.52    3.47    3.42    3.37    3.32    3.27    3.21    3.15    3.09   3.02   2.96   2.89   2.82   2.75   2.68
    78.5       199.4      3.66    3.62    3.58    3.53    3.48    3.43    3.38    3.32    3.27    3.21    3.14   3.08   3.02   2.95   2.88   2.81   2.73
    79.0       200.7      3.72    3.68    3.63    3.59    3.54    3.49    3.43    3.38    3.32    3.26    3.20   3.14   3.07   3.00   2.93   2.86   2.79
    79.5       201.9      3.77    3.73    3.69    3.64    3.59    3.54    3.49    3.43    3.37    3.32    3.25   3.19   3.12   3.06   2.99   2.92   2.84
    80.0       203.2      3.83    3.79    3.74    3.70    3.65    3.60    3.54    3.49    3.43    3.37    3.31   3.25   3.18   3.11   3.04   2.97   2.90
    80.5       204.5      3.89    3.85    3.80    3.75    3.71    3.65    3.60    3.55    3.49    3.43    3.37   3.31   3.24   3.17   3.10   3.03   2.96
    81.0       205.7      3.94    3.90    3.85    3.81    3.76    3.71    3.66    3.60    3.54    3.48    3.42   3.36   3.29   3.23   3.16   3.08   3.01
    81.5       207.0      4.00    3.96    3.91    3.87    3.82    3.77    3.71    3.66    3.60    3.54    3.48   3.42   3.35   3.28   3.22   3.14   3.07
    82.0       208.3      4.06    4.02    3.97    3.93    3.88    3.83    3.77    3.72    3.66    3.60    3.54   3.48   3.41   3.34   3.27   3.20   3.13
    82.5       209.6      4.12    4.08    4.03    3.98    3.94    3.89    3.83    3.78    3.72    3.66    3.60   3.54   3.47   3.40   3.33   3.26   3.19
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 13668]]


                            Table 4A.--African American Females FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
                         [Reference value equation: 0.3433 + (-0.01283)(age) + (-0.000097)(age \2\) + (0.00008546)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      1.53    1.49    1.44    1.39    1.35    1.30    1.25    1.20    1.15    1.10    1.05   0.99   0.94   0.89   0.83   0.77   0.72
    61.5       156.2      1.57    1.52    1.48    1.43    1.38    1.33    1.28    1.24    1.18    1.13    1.08   1.03   0.97   0.92   0.87   0.81   0.75
    62.0       157.5      1.60    1.56    1.51    1.46    1.42    1.37    1.32    1.27    1.22    1.17    1.12   1.06   1.01   0.96   0.90   0.84   0.79
    62.5       158.8      1.64    1.59    1.55    1.50    1.45    1.40    1.35    1.31    1.25    1.20    1.15   1.10   1.04   0.99   0.94   0.88   0.82
    63.0       160.0      1.67    1.62    1.58    1.53    1.48    1.44    1.39    1.34    1.29    1.24    1.18   1.13   1.08   1.02   0.97   0.91   0.86
    63.5       161.3      1.71    1.66    1.61    1.57    1.52    1.47    1.42    1.37    1.32    1.27    1.22   1.17   1.11   1.06   1.00   0.95   0.89
    64.0       162.6      1.74    1.70    1.65    1.60    1.56    1.51    1.46    1.41    1.36    1.31    1.26   1.20   1.15   1.09   1.04   0.98   0.93
    64.5       163.8      1.77    1.73    1.68    1.64    1.59    1.54    1.49    1.44    1.39    1.34    1.29   1.24   1.18   1.13   1.07   1.02   0.96
    65.0       165.1      1.81    1.77    1.72    1.67    1.63    1.58    1.53    1.48    1.43    1.38    1.33   1.27   1.22   1.16   1.11   1.05   1.00
    65.5       166.4      1.85    1.80    1.76    1.71    1.66    1.61    1.57    1.52    1.46    1.41    1.36   1.31   1.26   1.20   1.15   1.09   1.03
    66.0       167.6      1.88    1.84    1.79    1.75    1.70    1.65    1.60    1.55    1.50    1.45    1.40   1.35   1.29   1.24   1.18   1.13   1.07
    66.5       168.9      1.92    1.87    1.83    1.78    1.74    1.69    1.64    1.59    1.54    1.49    1.43   1.38   1.33   1.27   1.22   1.16   1.11
    67.0       170.2      1.96    1.91    1.87    1.82    1.77    1.72    1.68    1.63    1.58    1.52    1.47   1.42   1.37   1.31   1.26   1.20   1.14
    67.5       171.5      2.00    1.95    1.90    1.86    1.81    1.76    1.71    1.66    1.61    1.56    1.51   1.46   1.40   1.35   1.29   1.24   1.18
    68.0       172.7      2.03    1.99    1.94    1.89    1.85    1.80    1.75    1.70    1.65    1.60    1.55   1.49   1.44   1.38   1.33   1.27   1.22
    68.5       174.0      2.07    2.02    1.98    1.93    1.88    1.84    1.79    1.74    1.69    1.64    1.58   1.53   1.48   1.42   1.37   1.31   1.26
    69.0       175.3      2.11    2.06    2.02    1.97    1.92    1.87    1.83    1.78    1.73    1.67    1.62   1.57   1.52   1.46   1.41   1.35   1.29
    69.5       176.5      2.14    2.10    2.05    2.01    1.96    1.91    1.86    1.81    1.76    1.71    1.66   1.61   1.55   1.50   1.44   1.39   1.33
    70.0       177.8      2.18    2.14    2.09    2.05    2.00    1.95    1.90    1.85    1.80    1.75    1.70   1.65   1.59   1.54   1.48   1.43   1.37
    70.5       179.1      2.22    2.18    2.13    2.09    2.04    1.99    1.94    1.89    1.84    1.79    1.74   1.68   1.63   1.58   1.52   1.47   1.41
    71.0       180.3      2.26    2.21    2.17    2.12    2.07    2.03    1.98    1.93    1.88    1.83    1.77   1.72   1.67   1.61   1.56   1.50   1.45
    71.5       181.6      2.30    2.26    2.21    2.16    2.12    2.07    2.02    1.97    1.92    1.87    1.81   1.76   1.71   1.65   1.60   1.54   1.49
    72.0       182.9      2.34    2.30    2.25    2.20    2.16    2.11    2.06    2.01    1.96    1.91    1.86   1.80   1.75   1.69   1.64   1.58   1.53
    72.5       184.2      2.38    2.34    2.29    2.24    2.20    2.15    2.10    2.05    2.00    1.95    1.90   1.84   1.79   1.74   1.68   1.62   1.57
    73.0       185.4      2.42    2.37    2.33    2.28    2.23    2.19    2.14    2.09    2.04    1.99    1.93   1.88   1.83   1.77   1.72   1.66   1.61
    73.5       186.7      2.46    2.42    2.37    2.32    2.28    2.23    2.18    2.13    2.08    2.03    1.98   1.92   1.87   1.81   1.76   1.70   1.65
    74.0       188.0      2.50    2.46    2.41    2.36    2.32    2.27    2.22    2.17    2.12    2.07    2.02   1.96   1.91   1.86   1.80   1.74   1.69
    74.5       189.2      2.54    2.50    2.45    2.40    2.36    2.31    2.26    2.21    2.16    2.11    2.06   2.00   1.95   1.89   1.84   1.78   1.73
    75.0       190.5      2.58    2.54    2.49    2.45    2.40    2.35    2.30    2.25    2.20    2.15    2.10   2.04   1.99   1.94   1.88   1.83   1.77
    75.5       191.8      2.63    2.58    2.53    2.49    2.44    2.39    2.34    2.29    2.24    2.19    2.14   2.09   2.03   1.98   1.92   1.87   1.81
    76.0       193.0      2.67    2.62    2.57    2.53    2.48    2.43    2.38    2.33    2.28    2.23    2.18   2.13   2.07   2.02   1.96   1.91   1.85
    76.5       194.3      2.71    2.66    2.62    2.57    2.52    2.48    2.43    2.38    2.33    2.27    2.22   2.17   2.12   2.06   2.01   1.95   1.89
    77.0       195.6      2.75    2.71    2.66    2.61    2.57    2.52    2.47    2.42    2.37    2.32    2.27   2.21   2.16   2.11   2.05   1.99   1.94
    77.5       196.9      2.79    2.75    2.70    2.66    2.61    2.56    2.51    2.46    2.41    2.36    2.31   2.26   2.20   2.15   2.09   2.04   1.98
    78.0       198.1      2.84    2.79    2.74    2.70    2.65    2.60    2.55    2.50    2.45    2.40    2.35   2.30   2.24   2.19   2.13   2.08   2.02
    78.5       199.4      2.88    2.83    2.79    2.74    2.69    2.65    2.60    2.55    2.50    2.45    2.39   2.34   2.29   2.23   2.18   2.12   2.07
    79.0       200.7      2.92    2.88    2.83    2.79    2.74    2.69    2.64    2.59    2.54    2.49    2.44   2.39   2.33   2.28   2.22   2.17   2.11
    79.5       201.9      2.97    2.92    2.87    2.83    2.78    2.73    2.68    2.63    2.58    2.53    2.48   2.43   2.37   2.32   2.26   2.21   2.15
    80.0       203.2      3.01    2.97    2.92    2.87    2.83    2.78    2.73    2.68    2.63    2.58    2.52   2.47   2.42   2.36   2.31   2.25   2.20
    80.5       204.5      3.06    3.01    2.96    2.92    2.87    2.82    2.77    2.72    2.67    2.62    2.57   2.52   2.46   2.41   2.35   2.30   2.24
    81.0       205.7      3.10    3.05    3.01    2.96    2.91    2.86    2.82    2.77    2.72    2.66    2.61   2.56   2.51   2.45   2.40   2.34   2.28
    81.5       207.0      3.14    3.10    3.05    3.01    2.96    2.91    2.86    2.81    2.76    2.71    2.66   2.61   2.55   2.50   2.44   2.39   2.33
    82.0       208.3      3.19    3.14    3.10    3.05    3.00    2.96    2.91    2.86    2.81    2.76    2.70   2.65   2.60   2.54   2.49   2.43   2.38
    82.5       209.6      3.24    3.19    3.15    3.10    3.05    3.00    2.95    2.90    2.85    2.80    2.75   2.70   2.64   2.59   2.53   2.48   2.42
--------------------------------------------------------------------------------------------------------------------------------------------------------


                               Table 5.--Mexican American Males FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
                          [Reference value equation: 0.2376 + (-0.00891)(age) + (-0.00182)(age \2\) + (0.0014947)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.95    2.90    2.84    2.78    2.72    2.66    2.60    2.54    2.48    2.41    2.34   2.27   2.20   2.13   2.06   1.98   1.91
    61.5       156.2      3.01    2.96    2.90    2.84    2.79    2.73    2.66    2.60    2.54    2.47    2.40   2.33   2.26   2.19   2.12   2.04   1.97
    62.0       157.5      3.07    3.02    2.96    2.90    2.85    2.79    2.72    2.66    2.60    2.53    2.46   2.40   2.33   2.25   2.18   2.11   2.03
    62.5       158.8      3.13    3.08    3.02    2.97    2.91    2.85    2.79    2.72    2.66    2.59    2.53   2.46   2.39   2.31   2.24   2.17   2.09
    63.0       160.0      3.19    3.14    3.08    3.02    2.96    2.90    2.84    2.78    2.72    2.65    2.58   2.51   2.44   2.37   2.30   2.22   2.15
    63.5       161.3      3.25    3.20    3.14    3.09    3.03    2.97    2.91    2.84    2.78    2.71    2.65   2.58   2.51   2.43   2.36   2.29   2.21
    64.0       162.6      3.32    3.26    3.21    3.15    3.09    3.03    2.97    2.91    2.84    2.78    2.71   2.64   2.57   2.50   2.42   2.35   2.27
    64.5       163.8      3.37    3.32    3.26    3.21    3.15    3.09    3.03    2.96    2.90    2.83    2.77   2.70   2.63   2.56   2.48   2.41   2.33
    65.0       165.1      3.44    3.38    3.33    3.27    3.21    3.15    3.09    3.03    2.96    2.90    2.83   2.76   2.69   2.62   2.55   2.47   2.40
    65.5       166.4      3.50    3.45    3.39    3.33    3.28    3.22    3.15    3.09    3.03    2.96    2.89   2.82   2.75   2.68   2.61   2.54   2.46
    66.0       167.6      3.56    3.51    3.45    3.40    3.34    3.28    3.22    3.15    3.09    3.02    2.96   2.89   2.82   2.75   2.67   2.60   2.52
    66.5       168.9      3.63    3.57    3.52    3.46    3.40    3.34    3.28    3.22    3.15    3.09    3.02   2.95   2.88   2.81   2.74   2.66   2.59
    67.0       170.2      3.69    3.64    3.58    3.53    3.47    3.41    3.35    3.28    3.22    3.15    3.09   3.02   2.95   2.88   2.80   2.73   2.65
    67.5       171.5      3.76    3.71    3.65    3.59    3.53    3.47    3.41    3.35    3.29    3.22    3.15   3.08   3.01   2.94   2.87   2.79   2.72
    68.0       172.7      3.82    3.77    3.71    3.65    3.60    3.54    3.47    3.41    3.35    3.28    3.21   3.15   3.08   3.00   2.93   2.86   2.78
    68.5       174.0      3.89    3.84    3.78    3.72    3.66    3.60    3.54    3.48    3.41    3.35    3.28   3.21   3.14   3.07   3.00   2.92   2.85
    69.0       175.3      3.96    3.90    3.85    3.79    3.73    3.67    3.61    3.55    3.48    3.42    3.35   3.28   3.21   3.14   3.07   2.99   2.92
    69.5       176.5      4.02    3.97    3.91    3.85    3.79    3.73    3.67    3.61    3.55    3.48    3.41   3.34   3.27   3.20   3.13   3.05   2.98
    70.0       177.8      4.09    4.03    3.98    3.92    3.86    3.80    3.74    3.68    3.61    3.55    3.48   3.41   3.34   3.27   3.20   3.12   3.05
    70.5       179.1      4.16    4.10    4.05    3.99    3.93    3.87    3.81    3.75    3.68    3.62    3.55   3.48   3.41   3.34   3.27   3.19   3.12
    71.0       180.3      4.22    4.17    4.11    4.06    4.00    3.94    3.88    3.81    3.75    3.68    3.62   3.55   3.48   3.40   3.33   3.26   3.18
    71.5       181.6      4.29    4.24    4.18    4.13    4.07    4.01    3.95    3.88    3.82    3.75    3.69   3.62   3.55   3.47   3.40   3.33   3.25
    72.0       182.9      4.36    4.31    4.25    4.20    4.14    4.08    4.02    3.95    3.89    3.82    3.76   3.69   3.62   3.55   3.47   3.40   3.32

[[Page 13669]]

 
    72.5       184.2      4.44    4.38    4.33    4.27    4.21    4.15    4.09    4.03    3.96    3.90    3.83   3.76   3.69   3.62   3.54   3.47   3.39
    73.0       185.4      4.50    4.45    4.39    4.33    4.28    4.22    4.15    4.09    4.03    3.96    3.89   3.83   3.76   3.68   3.61   3.54   3.46
    73.5       186.7      4.57    4.52    4.46    4.41    4.35    4.29    4.23    4.16    4.10    4.03    3.97   3.90   3.83   3.76   3.68   3.61   3.53
    74.0       188.0      4.65    4.59    4.54    4.48    4.42    4.36    4.30    4.24    4.17    4.11    4.04   3.97   3.90   3.83   3.76   3.68   3.60
    74.5       189.2      4.71    4.66    4.60    4.55    4.49    4.43    4.37    4.30    4.24    4.17    4.11   4.04   3.97   3.90   3.82   3.75   3.67
    75.0       190.5      4.79    4.73    4.68    4.62    4.56    4.50    4.44    4.38    4.31    4.25    4.18   4.11   4.04   3.97   3.90   3.82   3.75
    75.5       191.8      4.86    4.81    4.75    4.70    4.64    4.58    4.52    4.45    4.39    4.32    4.25   4.19   4.12   4.04   3.97   3.90   3.82
    76.0       193.0      4.93    4.88    4.82    4.76    4.71    4.65    4.58    4.52    4.46    4.39    4.32   4.26   4.18   4.11   4.04   3.97   3.89
    76.5       194.3      5.01    4.95    4.90    4.84    4.78    4.72    4.66    4.60    4.53    4.47    4.40   4.33   4.26   4.19   4.12   4.04   3.96
    77.0       195.6      5.08    5.03    4.97    4.92    4.86    4.80    4.74    4.67    4.61    4.54    4.47   4.41   4.34   4.26   4.19   4.12   4.04
    77.5       196.9      5.16    5.10    5.05    4.99    4.93    4.87    4.81    4.75    4.68    4.62    4.55   4.48   4.41   4.34   4.27   4.19   4.12
    78.0       198.1      5.23    5.18    5.12    5.06    5.00    4.94    4.88    4.82    4.76    4.69    4.62   4.55   4.48   4.41   4.34   4.26   4.19
    78.5       199.4      5.31    5.25    5.20    5.14    5.08    5.02    4.96    4.90    4.83    4.77    4.70   4.63   4.56   4.49   4.42   4.34   4.26
    79.0       200.7      5.38    5.33    5.27    5.22    5.16    5.10    5.04    4.97    4.91    4.84    4.78   4.71   4.64   4.57   4.49   4.42   4.34
    79.5       201.9      5.46    5.40    5.35    5.29    5.23    5.17    5.11    5.05    4.98    4.92    4.85   4.78   4.71   4.64   4.57   4.49   4.41
    80.0       203.2      5.54    5.48    5.43    5.37    5.31    5.25    5.19    5.13    5.06    5.00    4.93   4.86   4.79   4.72   4.64   4.57   4.49
    80.5       204.5      5.61    5.56    5.51    5.45    5.39    5.33    5.27    5.20    5.14    5.07    5.01   4.94   4.87   4.80   4.72   4.65   4.57
    81.0       205.7      5.69    5.63    5.58    5.52    5.46    5.40    5.34    5.28    5.21    5.15    5.08   5.01   4.94   4.87   4.80   4.72   4.65
    81.5       207.0      5.77    5.71    5.66    5.60    5.54    5.48    5.42    5.36    5.29    5.23    5.16   5.09   5.02   4.95   4.88   4.80   4.73
    82.0       208.3      5.85    5.80    5.74    5.68    5.62    5.56    5.50    5.44    5.37    5.31    5.24   5.17   5.10   5.03   4.96   4.88   4.81
    82.5       209.6      5.93    5.88    5.82    5.76    5.70    5.64    5.58    5.52    5.46    5.39    5.32   5.25   5.18   5.11   5.04   4.96   4.89
--------------------------------------------------------------------------------------------------------------------------------------------------------


                             Table 5A.--Mexican American Males FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
                                     [Reference value equation: 0.6306 + (-0.02928)(age) + (0.0001267)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.24    2.18    2.12    2.06    2.00    1.94    1.88    1.83    1.77    1.71    1.65   1.59   1.53   1.47   1.42   1.36   1.30
    61.5       156.2      2.29    2.23    2.17    2.11    2.05    1.99    1.94    1.88    1.82    1.76    1.70   1.64   1.58   1.53   1.47   1.41   1.35
    62.0       157.5      2.34    2.28    2.22    2.16    2.10    2.05    1.99    1.93    1.87    1.81    1.75   1.69   1.64   1.58   1.52   1.46   1.40
    62.5       158.8      2.39    2.33    2.27    2.22    2.16    2.10    2.04    1.98    1.92    1.86    1.81   1.75   1.69   1.63   1.57   1.51   1.45
    63.0       160.0      2.44    2.38    2.32    2.26    2.21    2.15    2.09    2.03    1.97    1.91    1.85   1.80   1.74   1.68   1.62   1.56   1.50
    63.5       161.3      2.49    2.43    2.38    2.32    2.26    2.20    2.14    2.08    2.02    1.97    1.91   1.85   1.79   1.73   1.67   1.61   1.56
    64.0       162.6      2.55    2.49    2.43    2.37    2.31    2.25    2.19    2.14    2.08    2.02    1.96   1.90   1.84   1.78   1.73   1.67   1.61
    64.5       163.8      2.60    2.54    2.48    2.42    2.36    2.30    2.24    2.19    2.13    2.07    2.01   1.95   1.89   1.83   1.78   1.72   1.66
    65.0       165.1      2.65    2.59    2.53    2.47    2.42    2.36    2.30    2.24    2.18    2.12    2.06   2.01   1.95   1.89   1.83   1.77   1.71
    65.5       166.4      2.70    2.64    2.59    2.53    2.47    2.41    2.35    2.29    2.23    2.18    2.12   2.06   2.00   1.94   1.88   1.82   1.77
    66.0       167.6      2.76    2.70    2.64    2.58    2.52    2.46    2.41    2.35    2.29    2.23    2.17   2.11   2.05   2.00   1.94   1.88   1.82
    66.5       168.9      2.81    2.75    2.69    2.64    2.58    2.52    2.46    2.40    2.34    2.28    2.23   2.17   2.11   2.05   1.99   1.93   1.87
    67.0       170.2      2.87    2.81    2.75    2.69    2.63    2.57    2.51    2.46    2.40    2.34    2.28   2.22   2.16   2.10   2.05   1.99   1.93
    67.5       171.5      2.92    2.86    2.81    2.75    2.69    2.63    2.57    2.51    2.45    2.40    2.34   2.28   2.22   2.16   2.10   2.04   1.99
    68.0       172.7      2.97    2.92    2.86    2.80    2.74    2.68    2.62    2.56    2.51    2.45    2.39   2.33   2.27   2.21   2.15   2.10   2.04
    68.5       174.0      3.03    2.97    2.91    2.86    2.80    2.74    2.68    2.62    2.56    2.50    2.45   2.39   2.33   2.27   2.21   2.15   2.09
    69.0       175.3      3.09    3.03    2.97    2.91    2.86    2.80    2.74    2.68    2.62    2.56    2.50   2.45   2.39   2.33   2.27   2.21   2.15
    69.5       176.5      3.14    3.08    3.03    2.97    2.91    2.85    2.79    2.73    2.67    2.62    2.56   2.50   2.44   2.38   2.32   2.26   2.21
    70.0       177.8      3.20    3.14    3.08    3.03    2.97    2.91    2.85    2.79    2.73    2.67    2.62   2.56   2.50   2.44   2.38   2.32   2.26
    70.5       179.1      3.26    3.20    3.14    3.08    3.03    2.97    2.91    2.85    2.79    2.73    2.67   2.62   2.56   2.50   2.44   2.38   2.32
    71.0       180.3      3.31    3.26    3.20    3.14    3.08    3.02    2.96    2.90    2.85    2.79    2.73   2.67   2.61   2.55   2.49   2.44   2.38
    71.5       181.6      3.37    3.32    3.26    3.20    3.14    3.08    3.02    2.96    2.91    2.85    2.79   2.73   2.67   2.61   2.55   2.50   2.44
    72.0       182.9      3.43    3.38    3.32    3.26    3.20    3.14    3.08    3.02    2.97    2.91    2.85   2.79   2.73   2.67   2.61   2.56   2.50
    72.5       184.2      3.49    3.44    3.38    3.32    3.26    3.20    3.14    3.08    3.03    2.97    2.91   2.85   2.79   2.73   2.67   2.62   2.56
    73.0       185.4      3.55    3.49    3.43    3.38    3.32    3.26    3.20    3.14    3.08    3.02    2.97   2.91   2.85   2.79   2.73   2.67   2.61
    73.5       186.7      3.61    3.55    3.50    3.44    3.38    3.32    3.26    3.20    3.14    3.09    3.03   2.97   2.91   2.85   2.79   2.73   2.68
    74.0       188.0      3.67    3.62    3.56    3.50    3.44    3.38    3.32    3.26    3.21    3.15    3.09   3.03   2.97   2.91   2.85   2.80   2.74
    74.5       189.2      3.73    3.67    3.61    3.56    3.50    3.44    3.38    3.32    3.26    3.20    3.15   3.09   3.03   2.97   2.91   2.85   2.79
    75.0       190.5      3.79    3.74    3.68    3.62    3.56    3.50    3.44    3.38    3.33    3.27    3.21   3.15   3.09   3.03   2.97   2.92   2.86
    75.5       191.8      3.86    3.80    3.74    3.68    3.62    3.56    3.51    3.45    3.39    3.33    3.27   3.21   3.15   3.10   3.04   2.98   2.92
    76.0       193.0      3.92    3.86    3.80    3.74    3.68    3.62    3.56    3.51    3.45    3.39    3.33   3.27   3.21   3.15   3.10   3.04   2.98
    76.5       194.3      3.98    3.92    3.86    3.80    3.74    3.69    3.63    3.57    3.51    3.45    3.39   3.33   3.28   3.22   3.16   3.10   3.04
    77.0       195.6      4.04    3.98    3.93    3.87    3.81    3.75    3.69    3.63    3.57    3.52    3.46   3.40   3.34   3.28   3.22   3.16   3.11
    77.5       196.9      4.11    4.05    3.99    3.93    3.87    3.82    3.76    3.70    3.64    3.58    3.52   3.46   3.41   3.35   3.29   3.23   3.17
    78.0       198.1      4.17    4.11    4.05    3.99    3.93    3.88    3.82    3.76    3.70    3.64    3.58   3.52   3.47   3.41   3.35   3.29   3.23
    78.5       199.4      4.23    4.17    4.12    4.06    4.00    3.94    3.88    3.82    3.77    3.71    3.65   3.59   3.53   3.47   3.41   3.36   3.30
    79.0       200.7      4.30    4.24    4.18    4.12    4.07    4.01    3.95    3.89    3.83    3.77    3.71   3.66   3.60   3.54   3.48   3.42   3.36
    79.5       201.9      4.36    4.30    4.24    4.18    4.13    4.07    4.01    3.95    3.89    3.83    3.78   3.72   3.66   3.60   3.54   3.48   3.42
    80.0       203.2      4.43    4.37    4.31    4.25    4.19    4.13    4.08    4.02    3.96    3.90    3.84   3.78   3.72   3.67   3.61   3.55   3.49
    80.5       204.5      4.49    4.44    4.38    4.32    4.26    4.20    4.14    4.08    4.03    3.97    3.91   3.85   3.79   3.73   3.67   3.62   3.56
    81.0       205.7      4.56    4.50    4.44    4.38    4.32    4.26    4.21    4.15    4.09    4.03    3.97   3.91   3.85   3.80   3.74   3.68   3.62
    81.5       207.0      4.62    4.57    4.51    4.45    4.39    4.33    4.27    4.21    4.16    4.10    4.04   3.98   3.92   3.86   3.81   3.75   3.69
    82.0       208.3      4.69    4.63    4.58    4.52    4.46    4.40    4.34    4.28    4.22    4.17    4.11   4.05   3.99   3.93   3.87   3.81   3.76
    82.5       209.6      4.76    4.70    4.64    4.59    4.53    4.47    4.41    4.35    4.29    4.24    4.18   4.12   4.06   4.00   3.94   3.88   3.83
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 13670]]


                              Table 6.--Mexican American Females FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
                          [Reference value equation: 0.121 + (0.00307)(age) + (-0.000237)(age \2\) + (0.00011570)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.48    2.44    2.39    2.35    2.30    2.25    2.20    2.15    2.10    2.04    1.98   1.92   1.86   1.79   1.73   1.66   1.59
    61.5       156.2      2.53    2.48    2.44    2.40    2.35    2.30    2.25    2.20    2.14    2.09    2.03   1.97   1.91   1.84   1.78   1.71   1.64
    62.0       157.5      2.57    2.53    2.49    2.44    2.40    2.35    2.30    2.24    2.19    2.13    2.07   2.01   1.95   1.89   1.82   1.75   1.68
    62.5       158.8      2.62    2.58    2.54    2.49    2.44    2.39    2.34    2.29    2.24    2.18    2.12   2.06   2.00   1.94   1.87   1.80   1.73
    63.0       160.0      2.66    2.62    2.58    2.53    2.49    2.44    2.39    2.34    2.28    2.22    2.17   2.11   2.04   1.98   1.91   1.85   1.78
    63.5       161.3      2.71    2.67    2.63    2.58    2.54    2.49    2.44    2.38    2.33    2.27    2.21   2.15   2.09   2.03   1.96   1.89   1.82
    64.0       162.6      2.76    2.72    2.68    2.63    2.58    2.54    2.49    2.43    2.38    2.32    2.26   2.20   2.14   2.08   2.01   1.94   1.87
    64.5       163.8      2.81    2.77    2.72    2.68    2.63    2.58    2.53    2.48    2.42    2.37    2.31   2.25   2.19   2.12   2.06   1.99   1.92
    65.0       165.1      2.86    2.81    2.77    2.73    2.68    2.63    2.58    2.53    2.47    2.42    2.36   2.30   2.24   2.17   2.11   2.04   1.97
    65.5       166.4      2.90    2.86    2.82    2.78    2.73    2.68    2.63    2.58    2.52    2.47    2.41   2.35   2.28   2.22   2.15   2.09   2.02
    66.0       167.6      2.95    2.91    2.87    2.82    2.78    2.73    2.68    2.63    2.57    2.51    2.46   2.40   2.33   2.27   2.20   2.14   2.07
    66.5       168.9      3.00    2.96    2.92    2.87    2.83    2.78    2.73    2.67    2.62    2.56    2.51   2.45   2.38   2.32   2.25   2.19   2.12
    67.0       170.2      3.05    3.01    2.97    2.92    2.88    2.83    2.78    2.73    2.67    2.61    2.56   2.50   2.43   2.37   2.30   2.24   2.17
    67.5       171.5      3.11    3.06    3.02    2.98    2.93    2.88    2.83    2.78    2.72    2.67    2.61   2.55   2.49   2.42   2.36   2.29   2.22
    68.0       172.7      3.15    3.11    3.07    3.02    2.98    2.93    2.88    2.82    2.77    2.71    2.66   2.60   2.53   2.47   2.40   2.34   2.27
    68.5       174.0      3.21    3.16    3.12    3.08    3.03    2.98    2.93    2.88    2.82    2.77    2.71   2.65   2.59   2.52   2.46   2.39   2.32
    69.0       175.3      3.26    3.22    3.17    3.13    3.08    3.03    2.98    2.93    2.87    2.82    2.76   2.70   2.64   2.57   2.51   2.44   2.37
    69.5       176.5      3.31    3.27    3.22    3.18    3.13    3.08    3.03    2.98    2.92    2.87    2.81   2.75   2.69   2.62   2.56   2.49   2.42
    70.0       177.8      3.36    3.32    3.28    3.23    3.18    3.13    3.08    3.03    2.98    2.92    2.86   2.80   2.74   2.68   2.61   2.54   2.47
    70.5       179.1      3.41    3.37    3.33    3.28    3.24    3.19    3.14    3.09    3.03    2.97    2.92   2.86   2.79   2.73   2.66   2.60   2.53
    71.0       180.3      3.46    3.42    3.38    3.33    3.29    3.24    3.19    3.13    3.08    3.02    2.97   2.91   2.84   2.78   2.71   2.65   2.58
    71.5       181.6      3.52    3.48    3.43    3.39    3.34    3.29    3.24    3.19    3.13    3.08    3.02   2.96   2.90   2.83   2.77   2.70   2.63
    72.0       182.9      3.57    3.53    3.49    3.44    3.40    3.35    3.30    3.24    3.19    3.13    3.07   3.01   2.95   2.89   2.82   2.75   2.69
    72.5       184.2      3.63    3.59    3.54    3.50    3.45    3.40    3.35    3.30    3.24    3.19    3.13   3.07   3.01   2.94   2.88   2.81   2.74
    73.0       185.4      3.68    3.64    3.59    3.55    3.50    3.45    3.40    3.35    3.30    3.24    3.18   3.12   3.06   3.00   2.93   2.86   2.79
    73.5       186.7      3.74    3.69    3.65    3.61    3.56    3.51    3.46    3.41    3.35    3.30    3.24   3.18   3.12   3.05   2.99   2.92   2.85
    74.0       188.0      3.79    3.75    3.71    3.66    3.62    3.57    3.52    3.46    3.41    3.35    3.29   3.23   3.17   3.11   3.04   2.97   2.90
    74.5       189.2      3.84    3.80    3.76    3.71    3.67    3.62    3.57    3.52    3.46    3.40    3.35   3.29   3.22   3.16   3.09   3.03   2.96
    75.0       190.5      3.90    3.86    3.82    3.77    3.72    3.68    3.63    3.57    3.52    3.46    3.40   3.34   3.28   3.22   3.15   3.08   3.01
    75.5       191.8      3.96    3.92    3.87    3.83    3.78    3.73    3.68    3.63    3.58    3.52    3.46   3.40   3.34   3.27   3.21   3.14   3.07
    76.0       193.0      4.01    3.97    3.93    3.88    3.84    3.79    3.74    3.68    3.63    3.57    3.51   3.45   3.39   3.33   3.26   3.19   3.12
    76.5       194.3      4.07    4.03    3.99    3.94    3.89    3.85    3.79    3.74    3.69    3.63    3.57   3.51   3.45   3.39   3.32   3.25   3.18
    77.0       195.6      4.13    4.09    4.04    4.00    3.95    3.90    3.85    3.80    3.75    3.69    3.63   3.57   3.51   3.44   3.38   3.31   3.24
    77.5       196.9      4.19    4.15    4.10    4.06    4.01    3.96    3.91    3.86    3.80    3.75    3.69   3.63   3.57   3.50   3.44   3.37   3.30
    78.0       198.1      4.24    4.20    4.16    4.11    4.07    4.02    3.97    3.91    3.86    3.80    3.74   3.68   3.62   3.56   3.49   3.42   3.36
    78.5       199.4      4.30    4.26    4.22    4.17    4.13    4.08    4.03    3.97    3.92    3.86    3.80   3.74   3.68   3.62   3.55   3.48   3.41
    79.0       200.7      4.36    4.32    4.28    4.23    4.19    4.14    4.09    4.03    3.98    3.92    3.86   3.80   3.74   3.68   3.61   3.54   3.48
    79.5       201.9      4.42    4.38    4.33    4.29    4.24    4.19    4.14    4.09    4.04    3.98    3.92   3.86   3.80   3.73   3.67   3.60   3.53
    80.0       203.2      4.48    4.44    4.40    4.35    4.30    4.25    4.20    4.15    4.10    4.04    3.98   3.92   3.86   3.80   3.73   3.66   3.59
    80.5       204.5      4.54    4.50    4.46    4.41    4.36    4.32    4.26    4.21    4.16    4.10    4.04   3.98   3.92   3.86   3.79   3.72   3.65
    81.0       205.7      4.60    4.56    4.51    4.47    4.42    4.37    4.32    4.27    4.21    4.16    4.10   4.04   3.98   3.91   3.85   3.78   3.71
    81.5       207.0      4.66    4.62    4.58    4.53    4.48    4.43    4.38    4.33    4.28    4.22    4.16   4.10   4.04   3.98   3.91   3.84   3.77
    82.0       208.3      4.72    4.68    4.64    4.59    4.55    4.50    4.45    4.39    4.34    4.28    4.22   4.16   4.10   4.04   3.97   3.90   3.83
    82.5       209.6      4.79    4.74    4.70    4.66    4.61    4.56    4.51    4.46    4.40    4.35    4.29   4.23   4.17   4.10   4.04   3.97   3.90
--------------------------------------------------------------------------------------------------------------------------------------------------------


                            Table 6A.--Mexican American Females FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
                         [Reference value equation: 0.4529 + (-0.01178)(age) + (-0.000113)(age \2\) + (0.00009890)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      1.98    1.93    1.88    1.84    1.79    1.74    1.69    1.64    1.58    1.53    1.48   1.42   1.36   1.31   1.25   1.19   1.13
    61.5       156.2      2.02    1.97    1.92    1.88    1.83    1.78    1.73    1.68    1.62    1.57    1.52   1.46   1.40   1.35   1.29   1.23   1.17
    62.0       157.5      2.06    2.01    1.96    1.92    1.87    1.82    1.77    1.72    1.66    1.61    1.56   1.50   1.44   1.39   1.33   1.27   1.21
    62.5       158.8      2.10    2.05    2.01    1.96    1.91    1.86    1.81    1.76    1.70    1.65    1.60   1.54   1.48   1.43   1.37   1.31   1.25
    63.0       160.0      2.14    2.09    2.04    2.00    1.95    1.90    1.85    1.79    1.74    1.69    1.63   1.58   1.52   1.47   1.41   1.35   1.29
    63.5       161.3      2.18    2.13    2.08    2.04    1.99    1.94    1.89    1.84    1.78    1.73    1.68   1.62   1.56   1.51   1.45   1.39   1.33
    64.0       162.6      2.22    2.17    2.13    2.08    2.03    1.98    1.93    1.88    1.82    1.77    1.72   1.66   1.61   1.55   1.49   1.43   1.37
    64.5       163.8      2.26    2.21    2.16    2.12    2.07    2.02    1.97    1.92    1.86    1.81    1.76   1.70   1.64   1.59   1.53   1.47   1.41
    65.0       165.1      2.30    2.25    2.21    2.16    2.11    2.06    2.01    1.96    1.91    1.85    1.80   1.74   1.69   1.63   1.57   1.51   1.45
    65.5       166.4      2.34    2.30    2.25    2.20    2.15    2.10    2.05    2.00    1.95    1.89    1.84   1.78   1.73   1.67   1.61   1.55   1.49
    66.0       167.6      2.38    2.34    2.29    2.24    2.19    2.14    2.09    2.04    1.99    1.94    1.88   1.83   1.77   1.71   1.66   1.60   1.54
    66.5       168.9      2.43    2.38    2.33    2.28    2.24    2.19    2.14    2.08    2.03    1.98    1.92   1.87   1.81   1.76   1.70   1.64   1.58
    67.0       170.2      2.47    2.42    2.38    2.33    2.28    2.23    2.18    2.13    2.07    2.02    1.97   1.91   1.86   1.80   1.74   1.68   1.62
    67.5       171.5      2.51    2.47    2.42    2.37    2.32    2.27    2.22    2.17    2.12    2.07    2.01   1.96   1.90   1.84   1.78   1.73   1.67
    68.0       172.7      2.55    2.51    2.46    2.41    2.36    2.31    2.26    2.21    2.16    2.11    2.05   2.00   1.94   1.88   1.83   1.77   1.71
    68.5       174.0      2.60    2.55    2.51    2.46    2.41    2.36    2.31    2.26    2.20    2.15    2.10   2.04   1.99   1.93   1.87   1.81   1.75
    69.0       175.3      2.64    2.60    2.55    2.50    2.45    2.40    2.35    2.30    2.25    2.20    2.14   2.09   2.03   1.97   1.92   1.86   1.80
    69.5       176.5      2.69    2.64    2.59    2.54    2.50    2.45    2.39    2.34    2.29    2.24    2.18   2.13   2.07   2.01   1.96   1.90   1.84
    70.0       177.8      2.73    2.68    2.64    2.59    2.54    2.49    2.44    2.39    2.34    2.28    2.23   2.17   2.12   2.06   2.00   1.94   1.88
    70.5       179.1      2.78    2.73    2.68    2.64    2.59    2.54    2.49    2.43    2.38    2.33    2.27   2.22   2.16   2.11   2.05   1.99   1.93
    71.0       180.3      2.82    2.77    2.73    2.68    2.63    2.58    2.53    2.48    2.42    2.37    2.32   2.26   2.21   2.15   2.09   2.03   1.97
    71.5       181.6      2.87    2.82    2.77    2.72    2.68    2.63    2.58    2.52    2.47    2.42    2.36   2.31   2.25   2.20   2.14   2.08   2.02
    72.0       182.9      2.91    2.87    2.82    2.77    2.72    2.67    2.62    2.57    2.52    2.46    2.41   2.36   2.30   2.24   2.18   2.13   2.07

[[Page 13671]]

 
    72.5       184.2      2.96    2.91    2.87    2.82    2.77    2.72    2.67    2.62    2.57    2.51    2.46   2.40   2.35   2.29   2.23   2.17   2.11
    73.0       185.4      3.00    2.96    2.91    2.86    2.81    2.76    2.71    2.66    2.61    2.56    2.50   2.45   2.39   2.33   2.28   2.22   2.16
    73.5       186.7      3.05    3.01    2.96    2.91    2.86    2.81    2.76    2.71    2.66    2.60    2.55   2.49   2.44   2.38   2.32   2.26   2.20
    74.0       188.0      3.10    3.05    3.01    2.96    2.91    2.86    2.81    2.76    2.71    2.65    2.60   2.54   2.49   2.43   2.37   2.31   2.25
    74.5       189.2      3.14    3.10    3.05    3.00    2.95    2.90    2.85    2.80    2.75    2.70    2.64   2.59   2.53   2.47   2.42   2.36   2.30
    75.0       190.5      3.19    3.15    3.10    3.05    3.00    2.95    2.90    2.85    2.80    2.75    2.69   2.64   2.58   2.52   2.46   2.41   2.35
    75.5       191.8      3.24    3.20    3.15    3.10    3.05    3.00    2.95    2.90    2.85    2.79    2.74   2.69   2.63   2.57   2.51   2.46   2.40
    76.0       193.0      3.29    3.24    3.20    3.15    3.10    3.05    3.00    2.95    2.89    2.84    2.79   2.73   2.67   2.62   2.56   2.50   2.44
    76.5       194.3      3.34    3.29    3.24    3.20    3.15    3.10    3.05    3.00    2.94    2.89    2.84   2.78   2.72   2.67   2.61   2.55   2.49
    77.0       195.6      3.39    3.34    3.29    3.25    3.20    3.15    3.10    3.05    2.99    2.94    2.89   2.83   2.77   2.72   2.66   2.60   2.54
    77.5       196.9      3.44    3.39    3.35    3.30    3.25    3.20    3.15    3.10    3.04    2.99    2.94   2.88   2.83   2.77   2.71   2.65   2.59
    78.0       198.1      3.49    3.44    3.39    3.34    3.30    3.25    3.20    3.14    3.09    3.04    2.98   2.93   2.87   2.81   2.76   2.70   2.64
    78.5       199.4      3.54    3.49    3.44    3.40    3.35    3.30    3.25    3.19    3.14    3.09    3.03   2.98   2.92   2.87   2.81   2.75   2.69
    79.0       200.7      3.59    3.54    3.49    3.45    3.40    3.35    3.30    3.25    3.19    3.14    3.09   3.03   2.97   2.92   2.86   2.80   2.74
    79.5       201.9      3.64    3.59    3.54    3.49    3.45    3.40    3.35    3.29    3.24    3.19    3.13   3.08   3.02   2.97   2.91   2.85   2.79
    80.0       203.2      3.69    3.64    3.59    3.55    3.50    3.45    3.40    3.35    3.29    3.24    3.19   3.13   3.07   3.02   2.96   2.90   2.84
    80.5       204.5      3.74    3.69    3.65    3.60    3.55    3.50    3.45    3.40    3.35    3.29    3.24   3.18   3.13   3.07   3.01   2.95   2.89
    81.0       205.7      3.79    3.74    3.70    3.65    3.60    3.55    3.50    3.45    3.39    3.34    3.29   3.23   3.18   3.12   3.06   3.00   2.94
    81.5       207.0      3.84    3.80    3.75    3.70    3.65    3.60    3.55    3.50    3.45    3.39    3.34   3.28   3.23   3.17   3.11   3.05   3.00
    82.0       208.3      3.90    3.85    3.80    3.75    3.71    3.66    3.61    3.55    3.50    3.45    3.39   3.34   3.28   3.22   3.17   3.11   3.05
    82.5       209.6      3.95    3.90    3.86    3.81    3.76    3.71    3.66    3.61    3.55    3.50    3.45   3.39   3.34   3.28   3.22   3.16   3.10
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                      Table 7.--Navajo Males FVC Lower Limit of Normal Values, Crapo, et al. (1988)
                                   [Reference value equation: [-6.2404 + (-0.0264)(age) + (0.0686)(height)] x (.817)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.53    2.48    2.44    2.40    2.35    2.31    2.27    2.22    2.18    2.14    2.09   2.05   2.01   1.97   1.92   1.88   1.84
    61.5       156.2      2.60    2.56    2.51    2.47    2.43    2.38    2.34    2.30    2.25    2.21    2.17   2.12   2.08   2.04   2.00   1.95   1.91
    62.0       157.5      2.67    2.63    2.59    2.54    2.50    2.46    2.41    2.37    2.33    2.28    2.24   2.20   2.15   2.11   2.07   2.02   1.98
    62.5       158.8      2.74    2.70    2.66    2.62    2.57    2.53    2.49    2.44    2.40    2.36    2.31   2.27   2.23   2.18   2.14   2.10   2.05
    63.0       160.0      2.81    2.77    2.73    2.68    2.64    2.60    2.55    2.51    2.47    2.42    2.38   2.34   2.29   2.25   2.21   2.17   2.12
    63.5       161.3      2.88    2.84    2.80    2.76    2.71    2.67    2.63    2.58    2.54    2.50    2.45   2.41   2.37   2.32   2.28   2.24   2.19
    64.0       162.6      2.96    2.91    2.87    2.83    2.79    2.74    2.70    2.66    2.61    2.57    2.53   2.48   2.44   2.40   2.35   2.31   2.27
    64.5       163.8      3.03    2.98    2.94    2.90    2.85    2.81    2.77    2.72    2.68    2.64    2.59   2.55   2.51   2.46   2.42   2.38   2.33
    65.0       165.1      3.10    3.05    3.01    2.97    2.93    2.88    2.84    2.80    2.75    2.71    2.67   2.62   2.58   2.54   2.49   2.45   2.41
    65.5       166.4      3.17    3.13    3.08    3.04    3.00    2.95    2.91    2.87    2.82    2.78    2.74   2.69   2.65   2.61   2.57   2.52   2.48
    66.0       167.6      3.24    3.20    3.15    3.11    3.07    3.02    2.98    2.94    2.90    2.85    2.81   2.77   2.72   2.68   2.64   2.59   2.55
    66.5       168.9      3.31    3.27    3.23    3.18    3.14    3.10    3.05    3.01    2.97    2.92    2.88   2.84   2.79   2.75   2.71   2.66   2.62
    67.0       170.2      3.38    3.34    3.30    3.25    3.21    3.17    3.12    3.08    3.04    3.00    2.95   2.91   2.87   2.82   2.78   2.74   2.69
    67.5       171.5      3.46    3.41    3.37    3.33    3.28    3.24    3.20    3.15    3.11    3.07    3.03   2.98   2.94   2.90   2.85   2.81   2.77
    68.0       172.7      3.52    3.48    3.44    3.39    3.35    3.31    3.27    3.22    3.18    3.14    3.09   3.05   3.01   2.96   2.92   2.88   2.83
    68.5       174.0      3.60    3.55    3.51    3.47    3.42    3.38    3.34    3.29    3.25    3.21    3.17   3.12   3.08   3.04   2.99   2.95   2.91
    69.0       175.3      3.67    3.63    3.58    3.54    3.50    3.45    3.41    3.37    3.32    3.28    3.24   3.20   3.15   3.11   3.07   3.02   2.98
    69.5       176.5      3.74    3.69    3.65    3.61    3.56    3.52    3.48    3.43    3.39    3.35    3.31   3.26   3.22   3.18   3.13   3.09   3.05
    70.0       177.8      3.81    3.77    3.72    3.68    3.64    3.59    3.55    3.51    3.46    3.42    3.38   3.34   3.29   3.25   3.21   3.16   3.12
    70.5       179.1      3.88    3.84    3.80    3.75    3.71    3.67    3.62    3.58    3.54    3.49    3.45   3.41   3.36   3.32   3.28   3.24   3.19
    71.0       180.3      3.95    3.91    3.86    3.82    3.78    3.73    3.69    3.65    3.60    3.56    3.52   3.48   3.43   3.39   3.35   3.30   3.26
    71.5       181.6      4.02    3.98    3.94    3.89    3.85    3.81    3.76    3.72    3.68    3.63    3.59   3.55   3.51   3.46   3.42   3.38   3.33
    72.0       182.9      4.10    4.05    4.01    3.97    3.92    3.88    3.84    3.79    3.75    3.71    3.66   3.62   3.58   3.53   3.49   3.45   3.41
    72.5       184.2      4.17    4.13    4.08    4.04    4.00    3.95    3.91    3.87    3.82    3.78    3.74   3.69   3.65   3.61   3.56   3.52   3.48
    73.0       185.4      4.24    4.19    4.15    4.11    4.06    4.02    3.98    3.93    3.89    3.85    3.80   3.76   3.72   3.67   3.63   3.59   3.55
    73.5       186.7      4.31    4.27    4.22    4.18    4.14    4.09    4.05    4.01    3.96    3.92    3.88   3.83   3.79   3.75   3.70   3.66   3.62
    74.0       188.0      4.38    4.34    4.30    4.25    4.21    4.17    4.12    4.08    4.04    3.99    3.95   3.91   3.86   3.82   3.78   3.73   3.69
    74.5       189.2      4.45    4.41    4.36    4.32    4.28    4.23    4.19    4.15    4.10    4.06    4.02   3.97   3.93   3.89   3.84   3.80   3.76
    75.0       190.5      4.52    4.48    4.44    4.39    4.35    4.31    4.26    4.22    4.18    4.13    4.09   4.05   4.00   3.96   3.92   3.87   3.83
    75.5       191.8      4.59    4.55    4.51    4.46    4.42    4.38    4.34    4.29    4.25    4.21    4.16   4.12   4.08   4.03   3.99   3.95   3.90
    76.0       193.0      4.66    4.62    4.58    4.53    4.49    4.45    4.40    4.36    4.32    4.27    4.23   4.19   4.14   4.10   4.06   4.01   3.97
    76.5       194.3      4.73    4.69    4.65    4.61    4.56    4.52    4.48    4.43    4.39    4.35    4.30   4.26   4.22   4.17   4.13   4.09   4.04
    77.0       195.6      4.81    4.76    4.72    4.68    4.63    4.59    4.55    4.51    4.46    4.42    4.38   4.33   4.29   4.25   4.20   4.16   4.12
    77.5       196.9      4.88    4.84    4.79    4.75    4.71    4.66    4.62    4.58    4.54    4.49    4.45   4.41   4.36   4.32   4.28   4.23   4.19
    78.0       198.1      4.95    4.90    4.86    4.82    4.77    4.73    4.69    4.65    4.60    4.56    4.52   4.47   4.43   4.39   4.34   4.30   4.26
    78.5       199.4      5.02    4.98    4.93    4.89    4.85    4.80    4.76    4.72    4.68    4.63    4.59   4.55   4.50   4.46   4.42   4.37   4.33
    79.0       200.7      5.09    5.05    5.01    4.96    4.92    4.88    4.83    4.79    4.75    4.70    4.66   4.62   4.58   4.53   4.49   4.45   4.40
    79.5       201.9      5.16    5.12    5.07    5.03    4.99    4.94    4.90    4.86    4.82    4.77    4.73   4.69   4.64   4.60   4.56   4.51   4.47
    80.0       203.2      5.23    5.19    5.15    5.10    5.06    5.02    4.97    4.93    4.89    4.85    4.80   4.76   4.72   4.67   4.63   4.59   4.54
    80.5       204.5      5.31    5.26    5.22    5.18    5.13    5.09    5.05    5.00    4.96    4.92    4.87   4.83   4.79   4.75   4.70   4.66   4.62
    81.0       205.7      5.37    5.33    5.29    5.24    5.20    5.16    5.11    5.07    5.03    4.99    4.94   4.90   4.86   4.81   4.77   4.73   4.68
    81.5       207.0      5.45    5.40    5.36    5.32    5.27    5.23    5.19    5.14    5.10    5.06    5.01   4.97   4.93   4.89   4.84   4.80   4.76
    82.0       208.3      5.52    5.48    5.43    5.39    5.35    5.30    5.26    5.22    5.17    5.13    5.09   5.04   5.00   4.96   4.92   4.87   4.83
    82.5       209.6      5.59    5.55    5.51    5.46    5.42    5.38    5.33    5.29    5.25    5.20    5.16   5.12   5.07   5.03   4.99   4.94   4.90
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 13672]]


                                    Table 7A.--Navajo Males FEV-1 Lower Limit of Normal Values, Crapo, et al. (1988)
                                   [Reference value equation: [-4.7504 + (-0.0283)(age) + (0.0558)(height)] x (0.812)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.04    1.99    1.94    1.90    1.85    1.81    1.76    1.71    1.67    1.62    1.58   1.53   1.48   1.44   1.39   1.35   1.30
    61.5       156.2      2.09    2.05    2.00    1.96    1.91    1.86    1.82    1.77    1.73    1.68    1.63   1.59   1.54   1.50   1.45   1.40   1.36
    62.0       157.5      2.15    2.11    2.06    2.02    1.97    1.92    1.88    1.83    1.79    1.74    1.69   1.65   1.60   1.56   1.51   1.46   1.42
    62.5       158.8      2.21    2.17    2.12    2.07    2.03    1.98    1.94    1.89    1.84    1.80    1.75   1.71   1.66   1.61   1.57   1.52   1.48
    63.0       160.0      2.27    2.22    2.17    2.13    2.08    2.04    1.99    1.94    1.90    1.85    1.81   1.76   1.71   1.67   1.62   1.58   1.53
    63.5       161.3      2.33    2.28    2.23    2.19    2.14    2.10    2.05    2.00    1.96    1.91    1.87   1.82   1.77   1.73   1.68   1.64   1.59
    64.0       162.6      2.38    2.34    2.29    2.25    2.20    2.15    2.11    2.06    2.02    1.97    1.92   1.88   1.83   1.79   1.74   1.69   1.65
    64.5       163.8      2.44    2.39    2.35    2.30    2.25    2.21    2.16    2.12    2.07    2.02    1.98   1.93   1.89   1.84   1.79   1.75   1.70
    65.0       165.1      2.50    2.45    2.41    2.36    2.31    2.27    2.22    2.18    2.13    2.08    2.04   1.99   1.95   1.90   1.85   1.81   1.76
    65.5       166.4      2.55    2.51    2.46    2.42    2.37    2.33    2.28    2.23    2.19    2.14    2.10   2.05   2.00   1.96   1.91   1.87   1.82
    66.0       167.6      2.61    2.57    2.52    2.47    2.43    2.38    2.34    2.29    2.24    2.20    2.15   2.11   2.06   2.01   1.97   1.92   1.88
    66.5       168.9      2.67    2.62    2.58    2.53    2.49    2.44    2.39    2.35    2.30    2.26    2.21   2.16   2.12   2.07   2.03   1.98   1.93
    67.0       170.2      2.73    2.68    2.64    2.59    2.54    2.50    2.45    2.41    2.36    2.31    2.27   2.22   2.18   2.13   2.08   2.04   1.99
    67.5       171.5      2.79    2.74    2.70    2.65    2.60    2.56    2.51    2.47    2.42    2.37    2.33   2.28   2.24   2.19   2.14   2.10   2.05
    68.0       172.7      2.84    2.80    2.75    2.70    2.66    2.61    2.57    2.52    2.47    2.43    2.38   2.34   2.29   2.24   2.20   2.15   2.11
    68.5       174.0      2.90    2.85    2.81    2.76    2.72    2.67    2.62    2.58    2.53    2.49    2.44   2.39   2.35   2.30   2.26   2.21   2.17
    69.0       175.3      2.96    2.91    2.87    2.82    2.78    2.73    2.68    2.64    2.59    2.55    2.50   2.45   2.41   2.36   2.32   2.27   2.22
    69.5       176.5      3.01    2.97    2.92    2.88    2.83    2.78    2.74    2.69    2.65    2.60    2.55   2.51   2.46   2.42   2.37   2.32   2.28
    70.0       177.8      3.07    3.03    2.98    2.93    2.89    2.84    2.80    2.75    2.71    2.66    2.61   2.57   2.52   2.48   2.43   2.38   2.34
    70.5       179.1      3.13    3.09    3.04    2.99    2.95    2.90    2.86    2.81    2.76    2.72    2.67   2.63   2.58   2.53   2.49   2.44   2.40
    71.0       180.3      3.19    3.14    3.09    3.05    3.00    2.96    2.91    2.86    2.82    2.77    2.73   2.68   2.63   2.59   2.54   2.50   2.45
    71.5       181.6      3.24    3.20    3.15    3.11    3.06    3.02    2.97    2.92    2.88    2.83    2.79   2.74   2.69   2.65   2.60   2.56   2.51
    72.0       182.9      3.30    3.26    3.21    3.17    3.12    3.07    3.03    2.98    2.94    2.89    2.84   2.80   2.75   2.71   2.66   2.61   2.57
    72.5       184.2      3.36    3.32    3.27    3.22    3.18    3.13    3.09    3.04    3.00    2.95    2.90   2.86   2.81   2.77   2.72   2.67   2.63
    73.0       185.4      3.42    3.37    3.33    3.28    3.23    3.19    3.14    3.10    3.05    3.00    2.96   2.91   2.87   2.82   2.77   2.73   2.68
    73.5       186.7      3.48    3.43    3.38    3.34    3.29    3.25    3.20    3.15    3.11    3.06    3.02   2.97   2.92   2.88   2.83   2.79   2.74
    74.0       188.0      3.53    3.49    3.44    3.40    3.35    3.31    3.26    3.21    3.17    3.12    3.08   3.03   2.98   2.94   2.89   2.85   2.80
    74.5       189.2      3.59    3.54    3.50    3.45    3.41    3.36    3.31    3.27    3.22    3.18    3.13   3.08   3.04   2.99   2.95   2.90   2.85
    75.0       190.5      3.65    3.60    3.56    3.51    3.46    3.42    3.37    3.33    3.28    3.23    3.19   3.14   3.10   3.05   3.00   2.96   2.91
    75.5       191.8      3.71    3.66    3.62    3.57    3.52    3.48    3.43    3.39    3.34    3.29    3.25   3.20   3.16   3.11   3.06   3.02   2.97
    76.0       193.0      3.76    3.72    3.67    3.62    3.58    3.53    3.49    3.44    3.39    3.35    3.30   3.26   3.21   3.16   3.12   3.07   3.03
    76.5       194.3      3.82    3.77    3.73    3.68    3.64    3.59    3.54    3.50    3.45    3.41    3.36   3.31   3.27   3.22   3.18   3.13   3.08
    77.0       195.6      3.88    3.83    3.79    3.74    3.70    3.65    3.60    3.56    3.51    3.47    3.42   3.37   3.33   3.28   3.24   3.19   3.14
    77.5       196.9      3.94    3.89    3.85    3.80    3.75    3.71    3.66    3.62    3.57    3.52    3.48   3.43   3.39   3.34   3.29   3.25   3.20
    78.0       198.1      3.99    3.95    3.90    3.85    3.81    3.76    3.72    3.67    3.62    3.58    3.53   3.49   3.44   3.40   3.35   3.30   3.26
    78.5       199.4      4.05    4.01    3.96    3.91    3.87    3.82    3.78    3.73    3.68    3.64    3.59   3.55   3.50   3.45   3.41   3.36   3.32
    79.0       200.7      4.11    4.06    4.02    3.97    3.93    3.88    3.83    3.79    3.74    3.70    3.65   3.60   3.56   3.51   3.47   3.42   3.37
    79.5       201.9      4.16    4.12    4.07    4.03    3.98    3.93    3.89    3.84    3.80    3.75    3.71   3.66   3.61   3.57   3.52   3.48   3.43
    80.0       203.2      4.22    4.18    4.13    4.09    4.04    3.99    3.95    3.90    3.86    3.81    3.76   3.72   3.67   3.63   3.58   3.53   3.49
    80.5       204.5      4.28    4.24    4.19    4.14    4.10    4.05    4.01    3.96    3.91    3.87    3.82   3.78   3.73   3.69   3.64   3.59   3.55
    81.0       205.7      4.34    4.29    4.24    4.20    4.15    4.11    4.06    4.02    3.97    3.92    3.88   3.83   3.79   3.74   3.69   3.65   3.60
    81.5       207.0      4.40    4.35    4.30    4.26    4.21    4.17    4.12    4.07    4.03    3.98    3.94   3.89   3.84   3.80   3.75   3.71   3.66
    82.0       208.3      4.45    4.41    4.36    4.32    4.27    4.22    4.18    4.13    4.09    4.04    4.00   3.95   3.90   3.86   3.81   3.77   3.72
    82.5       209.6      4.51    4.47    4.42    4.38    4.33    4.28    4.24    4.19    4.15    4.10    4.05   4.01   3.96   3.92   3.87   3.82   3.78
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                     Table 8.--Navajo Females FVC Lower Limit of Normal Values, Crapo, et al. (1988)
                                   [Reference value equation: [-2.9769 + (-0.0207)(age) + (0.0448)(height)] x (0.815)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      2.40    2.37    2.34    2.30    2.27    2.23    2.20    2.17    2.13    2.10    2.07   2.03   2.00   1.96   1.93   1.90   1.86
    61.5       156.2      2.45    2.42    2.38    2.35    2.32    2.28    2.25    2.21    2.18    2.15    2.11   2.08   2.05   2.01   1.98   1.94   1.91
    62.0       157.5      2.50    2.46    2.43    2.40    2.36    2.33    2.30    2.26    2.23    2.19    2.16   2.13   2.09   2.06   2.03   1.99   1.96
    62.5       158.8      2.55    2.51    2.48    2.44    2.41    2.38    2.34    2.31    2.28    2.24    2.21   2.17   2.14   2.11   2.07   2.04   2.01
    63.0       160.0      2.59    2.56    2.52    2.49    2.45    2.42    2.39    2.35    2.32    2.29    2.25   2.22   2.18   2.15   2.12   2.08   2.05
    63.5       161.3      2.64    2.60    2.57    2.54    2.50    2.47    2.43    2.40    2.37    2.33    2.30   2.27   2.23   2.20   2.16   2.13   2.10
    64.0       162.6      2.68    2.65    2.62    2.58    2.55    2.52    2.48    2.45    2.41    2.38    2.35   2.31   2.28   2.25   2.21   2.18   2.14
    64.5       163.8      2.73    2.69    2.66    2.63    2.59    2.56    2.53    2.49    2.46    2.42    2.39   2.36   2.32   2.29   2.26   2.22   2.19
    65.0       165.1      2.78    2.74    2.71    2.67    2.64    2.61    2.57    2.54    2.51    2.47    2.44   2.40   2.37   2.34   2.30   2.27   2.24
    65.5       166.4      2.82    2.79    2.75    2.72    2.69    2.65    2.62    2.59    2.55    2.52    2.48   2.45   2.42   2.38   2.35   2.32   2.28
    66.0       167.6      2.87    2.83    2.80    2.77    2.73    2.70    2.67    2.63    2.60    2.56    2.53   2.50   2.46   2.43   2.40   2.36   2.33
    66.5       168.9      2.91    2.88    2.85    2.81    2.78    2.75    2.71    2.68    2.64    2.61    2.58   2.54   2.51   2.48   2.44   2.41   2.37
    67.0       170.2      2.96    2.93    2.89    2.86    2.83    2.79    2.76    2.73    2.69    2.66    2.62   2.59   2.56   2.52   2.49   2.46   2.42
    67.5       171.5      3.01    2.98    2.94    2.91    2.87    2.84    2.81    2.77    2.74    2.71    2.67   2.64   2.60   2.57   2.54   2.50   2.47
    68.0       172.7      3.05    3.02    2.99    2.95    2.92    2.88    2.85    2.82    2.78    2.75    2.72   2.68   2.65   2.61   2.58   2.55   2.51
    68.5       174.0      3.10    3.07    3.03    3.00    2.97    2.93    2.90    2.86    2.83    2.80    2.76   2.73   2.70   2.66   2.63   2.59   2.56
    69.0       175.3      3.15    3.11    3.08    3.05    3.01    2.98    2.95    2.91    2.88    2.84    2.81   2.78   2.74   2.71   2.68   2.64   2.61
    69.5       176.5      3.19    3.16    3.12    3.09    3.06    3.02    2.99    2.96    2.92    2.89    2.85   2.82   2.79   2.75   2.72   2.69   2.65
    70.0       177.8      3.24    3.21    3.17    3.14    3.10    3.07    3.04    3.00    2.97    2.94    2.90   2.87   2.83   2.80   2.77   2.73   2.70
    70.5       179.1      3.29    3.25    3.22    3.19    3.15    3.12    3.08    3.05    3.02    2.98    2.95   2.92   2.88   2.85   2.81   2.78   2.75
    71.0       180.3      3.33    3.30    3.26    3.23    3.20    3.16    3.13    3.09    3.06    3.03    2.99   2.96   2.93   2.89   2.86   2.82   2.79
    71.5       181.6      3.38    3.34    3.31    3.28    3.24    3.21    3.18    3.14    3.11    3.07    3.04   3.01   2.97   2.94   2.91   2.87   2.84
    72.0       182.9      3.43    3.39    3.36    3.32    3.29    3.26    3.22    3.19    3.16    3.12    3.09   3.05   3.02   2.99   2.95   2.92   2.89

[[Page 13673]]

 
    72.5       184.2      3.47    3.44    3.41    3.37    3.34    3.30    3.27    3.24    3.20    3.17    3.14   3.10   3.07   3.03   3.00   2.97   2.93
    73.0       185.4      3.52    3.48    3.45    3.42    3.38    3.35    3.31    3.28    3.25    3.21    3.18   3.15   3.11   3.08   3.04   3.01   2.98
    73.5       186.7      3.56    3.53    3.50    3.46    3.43    3.40    3.36    3.33    3.29    3.26    3.23   3.19   3.16   3.13   3.09   3.06   3.02
    74.0       188.0      3.61    3.58    3.54    3.51    3.48    3.44    3.41    3.38    3.34    3.31    3.27   3.24   3.21   3.17   3.14   3.11   3.07
    74.5       189.2      3.66    3.62    3.59    3.55    3.52    3.49    3.45    3.42    3.39    3.35    3.32   3.28   3.25   3.22   3.18   3.15   3.12
    75.0       190.5      3.70    3.67    3.64    3.60    3.57    3.53    3.50    3.47    3.43    3.40    3.37   3.33   3.30   3.26   3.23   3.20   3.16
    75.5       191.8      3.75    3.72    3.68    3.65    3.62    3.58    3.55    3.51    3.48    3.45    3.41   3.38   3.35   3.31   3.28   3.24   3.21
    76.0       193.0      3.79    3.76    3.73    3.69    3.66    3.63    3.59    3.56    3.52    3.49    3.46   3.42   3.39   3.36   3.32   3.29   3.25
    76.5       194.3      3.84    3.81    3.77    3.74    3.71    3.67    3.64    3.61    3.57    3.54    3.50   3.47   3.44   3.40   3.37   3.34   3.30
    77.0       195.6      3.89    3.86    3.82    3.79    3.75    3.72    3.69    3.65    3.62    3.59    3.55   3.52   3.48   3.45   3.42   3.38   3.35
    77.5       196.9      3.94    3.90    3.87    3.84    3.80    3.77    3.73    3.70    3.67    3.63    3.60   3.57   3.53   3.50   3.46   3.43   3.40
    78.0       198.1      3.98    3.95    3.91    3.88    3.85    3.81    3.78    3.74    3.71    3.68    3.64   3.61   3.58   3.54   3.51   3.47   3.44
    78.5       199.4      4.03    3.99    3.96    3.93    3.89    3.86    3.83    3.79    3.76    3.72    3.69   3.66   3.62   3.59   3.56   3.52   3.49
    79.0       200.7      4.08    4.04    4.01    3.97    3.94    3.91    3.87    3.84    3.81    3.77    3.74   3.70   3.67   3.64   3.60   3.57   3.54
    79.5       201.9      4.12    4.09    4.05    4.02    3.98    3.95    3.92    3.88    3.85    3.82    3.78   3.75   3.71   3.68   3.65   3.61   3.58
    80.0       203.2      4.17    4.13    4.10    4.07    4.03    4.00    3.96    3.93    3.90    3.86    3.83   3.80   3.76   3.73   3.69   3.66   3.63
    80.5       204.5      4.21    4.18    4.15    4.11    4.08    4.05    4.01    3.98    3.94    3.91    3.88   3.84   3.81   3.78   3.74   3.71   3.67
    81.0       205.7      4.26    4.22    4.19    4.16    4.12    4.09    4.06    4.02    3.99    3.95    3.92   3.89   3.85   3.82   3.79   3.75   3.72
    81.5       207.0      4.31    4.27    4.24    4.20    4.17    4.14    4.10    4.07    4.04    4.00    3.97   3.93   3.90   3.87   3.83   3.80   3.77
    82.0       208.3      4.35    4.32    4.29    4.25    4.22    4.18    4.15    4.12    4.08    4.05    4.02   3.98   3.95   3.91   3.88   3.85   3.81
    82.5       209.6      4.40    4.37    4.33    4.30    4.27    4.23    4.20    4.16    4.13    4.10    4.06   4.03   4.00   3.96   3.93   3.89   3.86
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                   Table 8A.--Navajo Females FEV-1 Lower Limit of Normal Values, Crapo, et al. (1988)
                                   [Reference value equation: [-1.8110 + (-0.0233)(age) + (0.0347)(height)] x (0.808)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Height                                                                           Age in years
   in      Height  in  ---------------------------------------------------------------------------------------------------------------------------------
 inches    centimeters    49      51      53      55      57      59      61      63      65      67      69      71     73     75     77     79     81
--------------------------------------------------------------------------------------------------------------------------------------------------------
    61.0       154.9      1.96    1.92    1.88    1.84    1.81    1.77    1.73    1.69    1.66    1.62    1.58   1.54   1.51   1.47   1.43   1.39   1.35
    61.5       156.2      1.99    1.96    1.92    1.88    1.84    1.81    1.77    1.73    1.69    1.65    1.62   1.58   1.54   1.50   1.47   1.43   1.39
    62.0       157.5      2.03    1.99    1.95    1.92    1.88    1.84    1.80    1.77    1.73    1.69    1.65   1.62   1.58   1.54   1.50   1.47   1.43
    62.5       158.8      2.07    2.03    1.99    1.95    1.92    1.88    1.84    1.80    1.77    1.73    1.69   1.65   1.61   1.58   1.54   1.50   1.46
    63.0       160.0      2.10    2.06    2.02    1.99    1.95    1.91    1.87    1.84    1.80    1.76    1.72   1.69   1.65   1.61   1.57   1.54   1.50
    63.5       161.3      2.14    2.10    2.06    2.02    1.99    1.95    1.91    1.87    1.84    1.80    1.76   1.72   1.68   1.65   1.61   1.57   1.53
    64.0       162.6      2.17    2.14    2.10    2.06    2.02    1.98    1.95    1.91    1.87    1.83    1.80   1.76   1.72   1.68   1.65   1.61   1.57
    64.5       163.8      2.21    2.17    2.13    2.09    2.06    2.02    1.98    1.94    1.91    1.87    1.83   1.79   1.75   1.72   1.68   1.64   1.60
    65.0       165.1      2.24    2.21    2.17    2.13    2.09    2.05    2.02    1.98    1.94    1.90    1.87   1.83   1.79   1.75   1.72   1.68   1.64
    65.5       166.4      2.28    2.24    2.20    2.17    2.13    2.09    2.05    2.02    1.98    1.94    1.90   1.86   1.83   1.79   1.75   1.71   1.68
    66.0       167.6      2.31    2.28    2.24    2.20    2.16    2.13    2.09    2.05    2.01    1.98    1.94   1.90   1.86   1.82   1.79   1.75   1.71
    66.5       168.9      2.35    2.31    2.27    2.24    2.20    2.16    2.12    2.09    2.05    2.01    1.97   1.94   1.90   1.86   1.82   1.79   1.75
    67.0       170.2      2.39    2.35    2.31    2.27    2.24    2.20    2.16    2.12    2.08    2.05    2.01   1.97   1.93   1.90   1.86   1.82   1.78
    67.5       171.5      2.42    2.39    2.35    2.31    2.27    2.23    2.20    2.16    2.12    2.08    2.05   2.01   1.97   1.93   1.90   1.86   1.82
    68.0       172.7      2.46    2.42    2.38    2.34    2.31    2.27    2.23    2.19    2.16    2.12    2.08   2.04   2.00   1.97   1.93   1.89   1.85
    68.5       174.0      2.49    2.46    2.42    2.38    2.34    2.30    2.27    2.23    2.19    2.15    2.12   2.08   2.04   2.00   1.97   1.93   1.89
    69.0       175.3      2.53    2.49    2.45    2.42    2.38    2.34    2.30    2.27    2.23    2.19    2.15   2.12   2.08   2.04   2.00   1.96   1.93
    69.5       176.5      2.56    2.53    2.49    2.45    2.41    2.37    2.34    2.30    2.26    2.22    2.19   2.15   2.11   2.07   2.04   2.00   1.96
    70.0       177.8      2.60    2.56    2.52    2.49    2.45    2.41    2.37    2.34    2.30    2.26    2.22   2.19   2.15   2.11   2.07   2.03   2.00
    70.5       179.1      2.64    2.60    2.56    2.52    2.49    2.45    2.41    2.37    2.33    2.30    2.26   2.22   2.18   2.15   2.11   2.07   2.03
    71.0       180.3      2.67    2.63    2.59    2.56    2.52    2.48    2.44    2.41    2.37    2.33    2.29   2.26   2.22   2.18   2.14   2.10   2.07
    71.5       181.6      2.71    2.67    2.63    2.59    2.56    2.52    2.48    2.44    2.40    2.37    2.33   2.29   2.25   2.22   2.18   2.14   2.10
    72.0       182.9      2.74    2.70    2.67    2.63    2.59    2.55    2.52    2.48    2.44    2.40    2.37   2.33   2.29   2.25   2.22   2.18   2.14
    72.5       184.2      2.78    2.74    2.70    2.67    2.63    2.59    2.55    2.52    2.48    2.44    2.40   2.36   2.33   2.29   2.25   2.21   2.18
    73.0       185.4      2.81    2.77    2.74    2.70    2.66    2.62    2.59    2.55    2.51    2.47    2.44   2.40   2.36   2.32   2.29   2.25   2.21
    73.5       186.7      2.85    2.81    2.77    2.74    2.70    2.66    2.62    2.59    2.55    2.51    2.47   2.43   2.40   2.36   2.32   2.28   2.25
    74.0       188.0      2.89    2.85    2.81    2.77    2.73    2.70    2.66    2.62    2.58    2.55    2.51   2.47   2.43   2.40   2.36   2.32   2.28
    74.5       189.2      2.92    2.88    2.84    2.81    2.77    2.73    2.69    2.66    2.62    2.58    2.54   2.50   2.47   2.43   2.39   2.35   2.32
    75.0       190.5      2.96    2.92    2.88    2.84    2.80    2.77    2.73    2.69    2.65    2.62    2.58   2.54   2.50   2.47   2.43   2.39   2.35
    75.5       191.8      2.99    2.95    2.92    2.88    2.84    2.80    2.77    2.73    2.69    2.65    2.62   2.58   2.54   2.50   2.46   2.43   2.39
    76.0       193.0      3.03    2.99    2.95    2.91    2.87    2.84    2.80    2.76    2.72    2.69    2.65   2.61   2.57   2.54   2.50   2.46   2.42
    76.5       194.3      3.06    3.02    2.99    2.95    2.91    2.87    2.84    2.80    2.76    2.72    2.69   2.65   2.61   2.57   2.53   2.50   2.46
    77.0       195.6      3.10    3.06    3.02    2.99    2.95    2.91    2.87    2.83    2.80    2.76    2.72   2.68   2.65   2.61   2.57   2.53   2.50
    77.5       196.9      3.13    3.10    3.06    3.02    2.98    2.95    2.91    2.87    2.83    2.80    2.76   2.72   2.68   2.65   2.61   2.57   2.53
    78.0       198.1      3.17    3.13    3.09    3.06    3.02    2.98    2.94    2.90    2.87    2.83    2.79   2.75   2.72   2.68   2.64   2.60   2.57
    78.5       199.4      3.20    3.17    3.13    3.09    3.05    3.02    2.98    2.94    2.90    2.87    2.83   2.79   2.75   2.72   2.68   2.64   2.60
    79.0       200.7      3.24    3.20    3.17    3.13    3.09    3.05    3.02    2.98    2.94    2.90    2.86   2.83   2.79   2.75   2.71   2.68   2.64
    79.5       201.9      3.28    3.24    3.20    3.16    3.12    3.09    3.05    3.01    2.97    2.94    2.90   2.86   2.82   2.79   2.75   2.71   2.67
    80.0       203.2      3.31    3.27    3.24    3.20    3.16    3.12    3.09    3.05    3.01    2.97    2.93   2.90   2.86   2.82   2.78   2.75   2.71
    80.5       204.5      3.35    3.31    3.27    3.23    3.20    3.16    3.12    3.08    3.05    3.01    2.97   2.93   2.90   2.86   2.82   2.78   2.75
    81.0       205.7      3.38    3.34    3.31    3.27    3.23    3.19    3.16    3.12    3.08    3.04    3.01   2.97   2.93   2.89   2.85   2.82   2.78
    81.5       207.0      3.42    3.38    3.34    3.31    3.27    3.23    3.19    3.15    3.12    3.08    3.04   3.00   2.97   2.93   2.89   2.85   2.82
    82.0       208.3      3.45    3.42    3.38    3.34    3.30    3.27    3.23    3.19    3.15    3.12    3.08   3.04   3.00   2.96   2.93   2.89   2.85
    82.5       209.6      3.49    3.45    3.42    3.38    3.34    3.30    3.26    3.23    3.19    3.15    3.11   3.08   3.04   3.00   2.96   2.93   2.89
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 13674]]

    Appendix B to Part 79--Blood-Gas Study Tables
    For arterial blood-gas studies performed at test locations 
between sea level and 2,999 feet above sea level:

------------------------------------------------------------------------
             Arterial pCO2                      and arterial pO2
------------------------------------------------------------------------
25 mmHg or below......................  80 mmHg or below.
26 mmHg...............................  79 mmHg or below.
27 mmHg...............................  78 mmHg or below.
28 mmHg...............................  77 mmHg or below.
29 mmHg...............................  76 mmHg or below.
30 mmHg...............................  75 mmHg or below.
31 mmHg...............................  74 mmHg or below.
32 mmHg...............................  73 mmHg or below.
33 mmHg...............................  72 mmHg or below.
34 mmHg...............................  71 mmHg or below.
35 mmHg...............................  70 mmHg or below.
36 mmHg...............................  69 mmHg or below.
37 mmHg...............................  68 mmHg or below.
38 mmHg...............................  67 mmHg or below.
39 mmHg...............................  66 mmHg or below.
40-49 mmHg............................  65 mmHg or below.
Above 50 mmHg.........................  Any value.
------------------------------------------------------------------------

    For arterial blood-gas studies performed at test locations above 
3,000 feet above sea level:

------------------------------------------------------------------------
             Arterial pCO2                      and arterial pO2
------------------------------------------------------------------------
25 mmHg or below......................  75 mmHg or below.
26 mmHg...............................  74 mmHg or below.
27 mmHg...............................  73 mmHg or below.
28 mmHg...............................  72 mmHg or below.
29 mmHg...............................  71 mmHg or below.
30 mmHg...............................  70 mmHg or below.
31 mmHg...............................  69 mmHg or below.
32 mmHg...............................  68 mmHg or below.
33 mmHg...............................  67 mmHg or below.
34 mmHg...............................  66 mmHg or below.
35 mmHg...............................  65 mmHg or below.
36 mmHg...............................  64 mmHg or below.
37 mmHg...............................  63 mmHg or below.
38 mmHg...............................  62 mmHg or below.
39 mmHg...............................  61 mmHg or below.
40-49 mmHg............................  60 mmHg or below.
Above 50 mmHg.........................  Any value.
------------------------------------------------------------------------


             Appendix C--Radiation Exposure Compensation Act Offset Worksheet--On Site Participants
                                             [Present CPI = 185.20]
----------------------------------------------------------------------------------------------------------------
                                                                                          Claim   *
     VA payments  year                 Payment                Indicated year CPI              inflated PV
----------------------------------------------------------------------------------------------------------------
                  1960       ...........................                  29.60                       $0.00
----------------------------
                  1961       ...........................                  29.90                       $0.00
----------------------------
                  1962       ...........................                  30.20                       $0.00
----------------------------
                  1963       ...........................                  30.60                       $0.00
----------------------------
                  1964       ...........................                  31.00                       $0.00
----------------------------
                  1965       ...........................                  31.50                       $0.00
----------------------------
                  1966       ...........................                  32.40                       $0.00
----------------------------
                  1967       ...........................                  33.40                       $0.00
----------------------------

[[Page 13675]]

 
                  1968       ...........................                  34.80                       $0.00
----------------------------
                  1969       ...........................                  36.70                       $0.00
----------------------------
                  1970       ...........................                  38.80                       $0.00
----------------------------
                  1971       ...........................                  40.50                       $0.00
----------------------------
                  1972       ...........................                  41.80                       $0.00
----------------------------
                  1973       ...........................                  44.40                       $0.00
----------------------------
                  1974       ...........................                  49.30                       $0.00
----------------------------
                  1975       ...........................                  53.80                       $0.00
----------------------------
                  1976       ...........................                  56.90                       $0.00
----------------------------
                  1977       ...........................                  60.60                       $0.00
----------------------------
                  1978       ...........................                  65.20                       $0.00
----------------------------
                  1979       ...........................                  72.60                       $0.00
----------------------------
                  1980       ...........................                  82.40                       $0.00
----------------------------
                  1981       ...........................                  90.90                       $0.00
----------------------------
                  1982       ...........................                  96.50                       $0.00
----------------------------
                  1983       ...........................                  99.60                       $0.00
----------------------------
                  1984       ...........................                 103.90                       $0.00
----------------------------
                  1985       ...........................                 107.60                       $0.00
----------------------------
                  1986       ...........................                 109.60                       $0.00
----------------------------
                  1987       ...........................                 113.60                       $0.00
----------------------------
                  1988       ...........................                 118.30                       $0.00
----------------------------
                  1989       ...........................                 124.00                       $0.00
----------------------------
                  1990       ...........................                 130.70                       $0.00
----------------------------
                  1991       ...........................                 136.20                       $0.00
----------------------------
                  1992       ...........................                 140.30                       $0.00
----------------------------
                  1993       ...........................                 144.50                       $0.00
----------------------------
                  1994       ...........................                 148.20                       $0.00
----------------------------
                  1995       ...........................                 152.40                       $0.00
----------------------------
                  1996       ...........................                 156.90                       $0.00
----------------------------
                  1997       ...........................                 160.50                       $0.00
----------------------------
                  1998       ...........................                 163.00                       $0.00
----------------------------
                  1999       ...........................                 166.60                       $0.00
----------------------------
                  2000       ...........................                 172.20                       $0.00
----------------------------
                  2001       ...........................                 177.10                       $0.00
----------------------------
                  2002       ...........................                 179.90                       $0.00
----------------------------
                  2003       ...........................                 184.00                       $0.00
----------------------------

[[Page 13676]]

 
                  2004       ...........................  ..........................  ..........................
----------------------------
                                            Total, Column 4 ``Actuarial Present                       $0.00
                                                                        Value''
                                                             of past payments =
----------------------------
                                   NET AMOUNT OWED CLAIMANT ($75,000 less APV)                   $75,000.00
----------------------------
                             ...........................  ..........................  ..........................
----------------------------
                             ...........................                  Past CPI    ..........................
----------------------------
                  xxxx       ...........................  ..........................                     ??
----------------------------------------------------------------------------------------------------------------
* Inflated PV is computed as {payment X (current CPI/Year's CPI){time} .


    Dated: March 9, 2004.
James B. Comey,
Deputy Attorney General.
[FR Doc. 04-5732 Filed 3-22-04; 8:45am]
BILLING CODE 4410-12-P