[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Pages 18596-18597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07058]

[[Page 18596]]



Centers for Disease Control and Prevention


Proposed Data Collections Submitted for Public Comment and 

    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 404-639-7570 or 
send comments to Ron Otten, 1600 Clifton Road, MS-D74, Atlanta, GA 
30333 or send an email 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 should be received 
within 60 days of this notice.

Proposed Project

    EEOICPA Special Exposure Cohort Petitions (OMB No. 0920-0639 exp. 
9/20/2013)--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. Sec. Sec.  7384-
7385 [1994, supp. 2001] was enacted. The Act 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 
    Among other duties, the Department of Health and Human Services 
(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, and 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 stated 
in the rule. 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 respondents unless a respondent/petitioner 
chooses to purchase the services of a expert in dose reconstruction, an 
option provided for under the rule.

[[Page 18597]]

                                       Estimate of Annualized Burden Hours
                                                                     Number of      Avg. Burden
      Type of respondents           Form name        Number of     responses per   per response    Total burden
                                                    respondents     respondent       (in hrs.)       (in hrs.)
Petitioners...................  Form A--42 CFR                 5               1            3/60               1
                                Form B--42 CFR                 8               1               5              40
Petitioners using a submission  42 CFR 83.9.....               1               1               6               6
 format other than Form B (as
 permitted by rule).
Petitioners Appealing final     42 CFR 83.18....               4               1           45/60               3
 HHS decision (no specific
 form is required).
Claimant authorizing a party    Authorization                  5               1            3/60               1
 to submit petition on his/her   Form--42 CFR
 behalf.                         83.7.
    Total.....................  ................  ..............  ..............  ..............              51

    Dated: March 21, 2013.
Ron A. Otten,
Director, Office of Scientific Integrity (OSI), Office of the Associate 
Director for Science (OADS), Office of the Director, Centers for 
Disease Control and Prevention.
[FR Doc. 2013-07058 Filed 3-26-13; 8:45 am]