[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Pages 8366-8367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3702]



[60 Day-10-0639]

Centers for Disease Control and Prevention Proposed Data 
Collections Submitted for Public Comment and Recommendations

    In compliance with the requirement of Section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995 for opportunity for public comment on 
proposed data collection projects, the Centers for Disease Control and 
Prevention (CDC) will publish periodic summaries of proposed projects. 
To request more information on the proposed projects or to obtain a 
copy of the data collection plans and instruments, call 404-639-5960 or 
send comments to Maryam Daneshvar, CDC Acting Reports Clearance 
Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail 
to [email protected].
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques or other 
forms of information technology. Written comments must be received 
within 60 days of this notice.

Project Proposal

    EEOICPA Special Exposure Cohort Petitions (OMB No. 0920-0639 exp. 
7/31/2010)--Extension--National Institute for Occupational Safety and 
Health (NIOSH), Centers for Disease Control and Prevention (CDC).

Background and Brief Description

    On October 30, 2000, the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. 7384-7385 [1994, 
supp. 2001] was enacted. It established a compensation program to 
provide a lump sum payment of $150,000 and medical benefits as 
compensation to covered employees suffering from designated illnesses 
incurred as a result of their exposure to radiation, beryllium, or 
silica while in the performance of duty for the Department of Energy 
and certain of its vendors, contractors and subcontractors. This 
legislation also provided for payment of compensation for certain 
survivors of these covered employees. This program has been mandated to 
be in effect until Congress ends the funding.
    Among other duties, HHS was directed to establish and implement 
procedures for considering petitions by classes of nuclear weapons 
workers to be added to the ``Special Exposure Cohort'' (the 
``Cohort''). In brief, EEOICPA authorizes HHS to designate such classes 
of employees for addition to the Cohort when NIOSH lacks sufficient 
information to estimate with sufficient accuracy the radiation doses of 
the employees, if HHS also finds that the health of members of the 
class may have been endangered by the radiation dose the class 
potentially incurred. HHS must also obtain the advice of the Advisory 
Board on Radiation and Worker Health (the ``Board'') in establishing 
such findings. On May 28, 2004, HHS issued a rule that established 
procedures for adding such classes to the Cohort (42 CFR part 83). The 
rule was amended on July 10, 2007.
    The HHS rule authorizes a variety of respondents to submit 
petitions. Petitioners are required to provide the information 
specified in the rule to qualify their petitions for a complete 
evaluation by HHS and the Board. HHS has developed two forms to assist 
the petitioners in providing this required information efficiently and 
completely. Form A is a one-page form to be used by EEOICPA claimants 
for whom NIOSH has attempted to conduct dose reconstructions and has 
determined that available information is not sufficient to complete the 
dose reconstruction. Form B, accompanied by separate instructions, is 
intended for all other petitioners. Forms A and B can be submitted 
electronically as well as in hard copy. Respondent/petitioners should 
be aware that HHS is not requiring respondents to use the forms. 
Respondents can choose to submit petitions as letters or in other 
formats, but petitions must meet the informational requirements 
referenced above. NIOSH expects, however, that all petitioners for whom 
Form A would be appropriate will actually use the form, since NIOSH 
will provide it to them upon determining that their dose reconstruction 
cannot be completed and encourage them to submit the petition. NIOSH 
expects the large majority of petitioners for whom Form B would be 
appropriate will also use the form, since it provides a simple, 
organized format for addressing the informational requirements of a 
    NIOSH will use the information obtained through the petition for 
the following purposes: (a) Identify the petitioner(s), obtain their 
contact information, and establish that the petitioner(s) is qualified 
and intends to petition HHS; (b) establish an initial definition of the 
class of employees being proposed to be considered for addition to the 
Cohort; (c) determine whether there is justification to require HHS to 
evaluate whether or not to designate the proposed class as an addition 
to the Cohort (such an evaluation involves potentially extensive data 
collection, analysis, and related deliberations by NIOSH, the Board, 
and HHS); and, (d) target an evaluation by HHS to examine relevant 
potential limitations of radiation monitoring and/or dosimetry-relevant 
records and to examine the potential for related radiation exposures 
that might have endangered the health of members of the class.
    Finally, under the rule, petitioners may contest the proposed 
decision of the Secretary to add or deny adding classes of employees to 
the cohort by submitting evidence that the proposed decision relies on 
a record of either factual or procedural errors in the implementation 
of these procedures. NIOSH estimates that the time to prepare and 
submit such a challenge is 45 minutes. Because of the uniqueness of 
this submission, NIOSH is not providing a form. The submission will 
typically be in the form of a letter to the Secretary.
    There are no costs to petitioners unless a petitioner chooses to 
purchase the services of an expert in dose reconstruction, an option 
provided for under the rule.

[[Page 8367]]

                                       Estimate of Annualized Burden Hours
                                                                      No. of      Average burden
         Form name           Type of respondent       No. of       responses per  per respondent  Total response
                                                    respondents     respondent      (in hours)     burden hours
Form A 83.9...............  Petitioner using                  30               1            3/60               2
                             Form A.
Form B 83.9...............  Petitioner using                  40               1               5             200
                             Form B.
Form B 83.9...............  Petitioner                         5               1               6              30
                             submission format
                             other than Form B
                             (as permitted by
83.18.....................  Petitioner Appealing               5               1           45/60               4
                             final HHS decision
                             (no specific form
                             is required).
                            Claimant authorizing              20               1            3/60               1
                             a party to submit
                             petition on his/her
    Total.................  ....................             100  ..............  ..............             237

    Dated: February 18, 2010.
Maryam I. Daneshvar,
Acting Reports Clearance Officer, Centers for Disease Control and 
[FR Doc. 2010-3702 Filed 2-23-10; 8:45 am]