[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77839-77840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27502]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[30Day-23-0639]


Agency Forms Undergoing Paperwork Reduction Act Review

    In accordance with the Paperwork Reduction Act of 1995, the Centers 
for Disease Control and Prevention (CDC) has submitted the information 
collection request titled Energy Employees Occupational Illness 
Compensation Program Act (EEOICPA) of 2000 Special Exposure Cohort 
Petitions to the Office of Management and Budget (OMB) for review and 
approval. CDC previously published a ``Proposed Data Collection 
Submitted for Public Comment and Recommendations'' notice on January 
31, 2022 to obtain comments from the public and affected agencies. CDC 
did not receive comments related to the previous notice. This notice 
serves to allow an additional 30 days for public and affected agency 
comments.
    CDC will accept all comments for this proposed information 
collection project. The Office of Management and Budget is particularly 
interested in comments that:
    (a) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (b) Evaluate the accuracy of the agencies estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (c) Enhance the quality, utility, and clarity of the information to 
be collected;
    (d) Minimize the burden of the collection of information on those 
who are to respond, including, through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses; and
    (e) Assess information collection costs.
    To request additional information on the proposed project or to 
obtain a copy of the information collection plan and instruments, call 
(404) 639-7570. Comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. Direct 
written comments and/or suggestions regarding the items contained in 
this notice to the Attention: CDC Desk Officer, Office of Management 
and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to (202) 
395-5806. Provide written comments within 30 days of notice 
publication.

Proposed Project

    Energy Employees Occupational Illness Compensation Program Act of 
2000 (EEOICPA) Special Exposure Cohort Petitions. (OMB Control No. 
0920-0639, Exp. 01/31/2023)--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. 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 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

[[Page 77840]]

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 average time to prepare 
and submit such a challenge is five hours. 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.
    CDC requests OMB approval for an estimated 43 annual burden hours. 
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.

                                        Estimated Annualized Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                                                     Avgerage
                                                                     Number of       Number of      burden per
        Type of respondents                   Form name             respondents    responses per   response (in
                                                                                    respondent         hrs.)
----------------------------------------------------------------------------------------------------------------
Petitioners........................  Form A.....................               2               1            3/60
                                     42 CFR 83.9................
                                     Form B.....................               5               1               5
                                     42 CFR 83.9................
Petitioners using a submission       42 CFR 83.9................               1               1               6
 format other than Form B (as
 permitted by rule).
Petitioners Appealing final HHS      42 CFR 83.18...............               2               1               5
 decision (no specific form is
 required).
Claimant authorizing a party to      Authorization Form.........               3               1            3/60
 submit petition on his/her behalf.  42 CFR 83.7................
----------------------------------------------------------------------------------------------------------------


Jeffrey M. Zirger,
Lead, Information Collection Review Office, Office of Scientific 
Integrity, Office of Science, Centers for Disease Control and 
Prevention.
[FR Doc. 2022-27502 Filed 12-19-22; 8:45 am]
BILLING CODE 4163-18-P