[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Notices]
[Pages 32252-32253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12612]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[30Day-13-0639]


Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) publishes a 
list of information collection requests under review by the Office of 
Management and Budget (OMB) in compliance with the Paperwork Reduction 
Act (44 U.S.C. chapter 35). To request a copy of these requests, call 
(404) 639-7570 or send an email to [email protected]. Send written comments 
to CDC Desk Officer, Office of Management and Budget, Washington, DC 
20503 or by fax to (202) 395-5806. Written comments should be received 
within 30 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 
funding.
    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 
petition.
    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

[[Page 32253]]

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 an expert in dose reconstruction, 
an option provided for under the rule. The total estimated burden hours 
are 51.

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


Ron A. Otten,
Director, Office of Scientific Integrity, Office of the Associate 
Director for Science, Office of the Director, Centers for Disease 
Control and Prevention.
[FR Doc. 2013-12612 Filed 5-28-13; 8:45 am]
BILLING CODE 4163-18-P