[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Notices]
[Pages 42091-42093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17685]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
[30-Day-10-0639]
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
the CDC Reports Clearance Officer at (404) 639-5960 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
Special Exposure Cohort Petitions, (OMB Control Number 0920-0639,
Expiration Date 07/31/2010)--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
[[Page 42092]]
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. There is
no change to the information collection. This program has been mandated
to be in effect until Congress ends the funding.
EEOICPA instructed the President to designate one or more Federal
Agencies to carry out the compensation program. Accordingly, the
President issued Executive Order 13179 (``Providing Compensation to
America's Nuclear Weapons Workers'') on December 7, 2000 (65 FR 77487),
assigning primary responsibility for administration of the compensation
program to the Department of Labor (DOL). The executive order directed
the Department of Health and Human Services (HHS) to perform several
technical and policymaking roles in support of the DOL program.
Among other duties, the executive order directed HHS to establish
and implement procedures for considering petitions by classes of
nuclear weapons workers to be added to the ``Special Exposure Cohort''
(the ``Cohort''), various groups of workers whose claims for cancer
under EEOICPA can be adjudicated without demonstrating that their
cancer was ``at least as likely as not'' caused by radiation doses they
incurred in the performance of duty. 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 March 7, 2003, HHS proposed procedures
for adding such classes to the Cohort in a notice of proposed
rulemaking at 42 CFR Part 83.
The HHS procedures authorize a variety of individuals and entities
to submit petitions, as specified under Sec. 83.7. Petitioners are
required to provide the information specified in Sec. 83.9 to qualify
their petitions for a complete evaluation by HHS and the Board. HHS has
developed two petition forms to assist the petitioners in providing
this required information efficiently and completely, and an
Authorization Form to permit a respondent to authorize another party to
submit a petition on their behalf, as specified in Sec. 83.7. Petition
Form A is a one-page form to be used by EEOICPA claimants for whom
NIOSH will have attempted to conduct dose reconstructions and will have
determined that available information is not sufficient to complete the
dose reconstruction. The form addresses the informational requirements
specified under Sec. 83.9(a) and (b). Petition Form B, accompanied by
separate instructions, is intended for all other petitioners. The form
addresses the informational requirements specified under Sec. 83.9(a)
and (c). Forms A and B can be submitted electronically as well as in
hard copy. Petitioners should be aware that HHS is not requiring
petitioners to use the forms. Petitioners 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 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
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 Sec. 83.18, 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.
There are no costs to petitioners unless a petitioner chooses to
purchase the services of a expert in dose reconstruction, an option
provided for under 42 CFR 83.9(c)(2)(iii). The petitioner would assume
the financial burden of purchasing such services at their option. In
such cases, HHS estimates a report by such an expert may cost between
$640 and $6,400, depending on the scope of the petition and access to
relevant information. This is based on an estimate of costs of $80 per
hour for contractual services by a health physicist, who NIOSH
estimates would be employed within a range of eight to eighty hours to
conduct and prepare a report on the required assessment.
The total estimated annual burden hours are 238.
Estimate of Annualized Burden Hours
----------------------------------------------------------------------------------------------------------------
No. of Average burden
Form name & number (CFR reference) Respondents No. of responses per per respondent
respondents respondent (in hours)
----------------------------------------------------------------------------------------------------------------
Form A 42 CFR 83.9................. Petitioners using Form A... 30 1 3/60
Form B 42 CFR 83.9................. Petitioners using Form B... 40 1 5
42 CFR 83.9........................ Petitioners not using Form 5 1 6
B.
42 CFR 83.18....................... Petitioners Appealing 5 1 45/60
proposed decisions.
[[Page 42093]]
Authorization Form 42 CFR 83.7..... Person authorizing a party 20 1 3/60
to submit a petition on
his/her behalf.
----------------------------------------------------------------------------------------------------------------
Dated: July 13, 2010.
Carol Walker,
Acting Reports Clearance Officer, Centers for Disease Control and
Prevention.
[FR Doc. 2010-17685 Filed 7-19-10; 8:45 am]
BILLING CODE 4163-18-P