[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22071-22072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07680]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs


Advisory Board on Toxic Substances and Worker Health

ACTION: Solicitation for nominations to serve on the Advisory Board on 
Toxic Substances and Worker Health for the Energy Employees 
Occupational Illness Compensation Program Act (EEOICPA).

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SUMMARY: Due to one recent vacancy, the Secretary of Labor (Secretary) 
invites interested parties to submit nominations for individuals to 
serve on the Advisory Board on Toxic Substances and Worker Health for 
Part E of the Energy Employees Occupational Illness Compensation 
Program Act (EEOICPA). The nominee shall serve as a member from the 
claimant community, under the Board's statute and Charter.

DATES: Nominations for individuals to serve on the Board must be 
submitted (postmarked, if sending by mail; submitted electronically; or 
received, if hand delivered) within 30 days of the date of this notice.

ADDRESSES: Nominations may be submitted, including attachments, by any 
of the following methods:
     Electronically: Send to: [email protected] 
(specify in the email subject line, ``Advisory Board on Toxic 
Substances and Worker Health nomination'').
     Mail, express delivery, hand delivery, messenger, or 
courier service: Submit one copy of the documents listed above to the 
following address: U.S. Department of Labor, Office of Workers' 
Compensation Programs, Advisory Board on Toxic Substances and Worker 
Health, Room S-3522, 200 Constitution Ave. NW, Washington, DC 20210.
    Follow-up communications with nominees may occur as necessary 
through the process.

FOR FURTHER INFORMATION CONTACT: You may contact Ryan Jansen, 
Designated Federal Officer, at [email protected], or Carrie Rhoads, 
Alternate Designated Federal Officer, at [email protected], U.S. 
Department of Labor, 200 Constitution Avenue NW, Suite S-3524, 
Washington, DC 20210, telephone (202) 343-5580. This is not a toll-free 
number.

SUPPLEMENTARY INFORMATION: The Advisory Board on Toxic Substances and 
Worker Health (the Board) is mandated by section 3687 of EEOICPA. The 
Secretary of Labor established the Board under this authority and 
Executive Order 13699 (June 26, 2015) and in accordance with the 
provisions of the Federal Advisory Committee Act (FACA), as amended, 5 
U.S.C. app. 2. The purpose of the Board is to advise the Secretary with 
respect to: (1) the Site Exposure Matrices (SEM) of the Department of 
Labor; (2) medical guidance for claims examiners for claims with the 
EEOICPA program, with respect to the weighing of the medical

[[Page 22072]]

evidence of claimants; (3) evidentiary requirements for claims under 
part B of EEOICPA related to lung disease; and (4) the work of 
industrial hygienists and staff physicians and consulting physicians of 
the Department of Labor and reports of such hygienists and physicians 
to ensure quality, objectivity, and consistency; (5) the claims 
adjudication process generally, including review of procedure manual 
changes prior to incorporation into the manual and claims for medical 
benefits; and (6) such other matters as the Secretary considers 
appropriate. The Advisory Board sunsets on December 19, 2024.
    The Board shall consist of 12-15 members, to be appointed by the 
Secretary. A Chair of the Board will be appointed by the Secretary from 
among the Board members. Pursuant to section 3687(a)(2), the Advisory 
Board will reflect a reasonable balance of scientific, medical, and 
claimant members, to address the tasks assigned to the Advisory Board. 
The members serve two-year terms. At the discretion of the Secretary, 
members may be appointed to successive terms or removed at any time. 
The Board will meet no less than twice per year. On July 18, 2022, 
twelve members were appointed to the Board by the Secretary to two-year 
terms. One member from the medical community has recently resigned from 
the Board, creating a vacancy.
    Pursuant to section 3687(d), no Board member, employee, or 
contractor can have any financial interest, employment, or contractual 
relationship (other than a routine consumer transaction) with any 
person who has provided or sought to provide, within two years of their 
appointment or during their appointment, goods or services for medical 
benefits under EEOICPA. A certification that this is true will be 
required with each nomination.
    The Department of Labor is committed to equal opportunity in the 
workplace and seeks broad-based and diverse Advisory Board membership. 
Any interested person or organization may nominate one or more 
individuals for membership. Interested persons are also invited and 
encouraged to submit statements in support of nominees.
    Nomination Process: If you would like to nominate an individual or 
yourself for appointment to the Board, please submit the following 
information:
     The nominee's contact information (name, title, business 
address, business phone, fax number, and/or business email address) and 
current employment or position;
     A copy of the nominee's resume or curriculum vitae;
     Category of membership that the nominee is qualified to 
represent (claimant);
     A summary of the background, experience, and 
qualifications that addresses the nominee's suitability for the 
nominated membership category identified above;
     Articles or other documents the nominee has authored that 
indicate the nominee's knowledge, experience, and expertise in fields 
related to the EEOICPA program, particularly as pertains to industrial 
hygiene, toxicology, epidemiology, occupational medicine, lung 
conditions, or the nuclear facilities covered by the EEOICPA program;
     Documents or other supportive materials that demonstrate 
the nominee's familiarity, experience, or history of participation with 
the EEOICPA program or with the administration of a technically complex 
compensation program such as EEOICPA;
     A signed statement that the nominee does not have any 
financial interest, employment, or contractual relationship (other than 
a routine consumer transaction) with any person who has provided or 
sought to provide, within two years of their appointment or during 
their appointment, goods or services for medical benefits under 
EEOICPA; and
     A signed statement that the nominee is aware of the 
nomination; is willing to regularly attend and participate in Advisory 
Board meetings; during the last 10 years, has not been convicted of a 
felony, has not been imprisoned, been on probation, or been on parole 
for a felony, and is not currently under charges for a felony; and has 
no conflicts of interest that would preclude membership on the Board.
    Nominees will be appointed based on their demonstrated 
qualifications, professional experience, and knowledge of issues the 
Advisory Board may be asked to consider. Nominees will also be selected 
in accordance with statutory obligations under FACA and section 3687 of 
EEOICPA regarding a balanced membership.
    The activities of the Advisory Board may necessitate its members 
obtaining security clearance. Pursuant to section 3687(f), the 
Secretary of Energy will ensure that the members and staff of the 
Board, and any contractors performing work in support of the Board, are 
afforded the opportunity to apply for a security clearance for any 
matter for which such a clearance is appropriate, and should provide a 
determination on eligibility for clearance within 180 days of receiving 
a completed application.
    The new member shall be appointed to fill a vacancy occurring prior 
to the expiration of a resigning Board member's term, and shall be 
appointed for the remainder of such term: i.e., a two-year term ending 
on July 18, 2024. The vacancy will be filled with a new member from the 
claimant community. As specified in section 3687(i), the Advisory Board 
shall terminate ten (10) years after the date of the enactment of the 
legislation, which was December 19, 2014. Thus, the Advisory Board 
shall terminate on December 19, 2024.
    Members are Special Government Employees (SGEs). Members will serve 
without compensation. However, members may each receive reimbursement 
for travel expenses for attending Board meetings, including per diem in 
lieu of subsistence, as authorized by the federal travel regulations.

    Signed at Washington, DC, this 6th day of April, 2023.
Christopher Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2023-07680 Filed 4-11-23; 8:45 am]
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