[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR79.11]

[Page 337-338]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT--Table of Contents
 
     Subpart B--Eligibility Criteria for Claims Relating to Leukemia
 
Sec. 79.11  Definitions.

    (a) Affected area means one of the following geographical areas, as 
they were recognized by the state in which they are located, as of July 
10, 2000:
    (1) In the State of Utah, the counties of Beaver, Garfield, Iron, 
Kane, Millard, Piute, San Juan, Sevier, Washington, and Wayne;
    (2) In the State of Nevada, the counties of Eureka, Lander, Lincoln, 
Nye, White Pine, and that portion of Clark County that consists of 
townships 13 through 16 at ranges 63 through 71;
    (3) In the State of Arizona, the counties of Coconino, Yavapai, 
Navajo, Apache, and Gila.
    (b) Atmospheric detonation of a nuclear device means only a test 
conducted by the United States prior to January 1, 1963, as listed in 
Sec. 79.31(f).
    (c) Designated time period means the period beginning on January 21, 
1951, and ending on October 31, 1958, or the period beginning on June 
30, 1962, and ending on July 31, 1962, whichever is applicable.
    (d) First exposure or initial exposure means the date on which the 
claimant was first physically present in the affected area during the 
designated time period, or the date on which the claimant first 
participated onsite in an atmospheric nuclear test, whichever is 
applicable.
    (e) Leukemia means any medically recognized form of acute or chronic 
leukemia other than chronic lymphocytic leukemia.
    (f) Onsite means physical presence above or within the official 
boundaries of any of the following locations:
    (1) The Nevada Test Site (NTS), Nevada;
    (2) The Pacific Test Sites (Bikini Atoll, Enewetak Atoll, Johnston 
Island, Christmas Island, the test site for the shot during Operation 
Wigwam, the test site for Shot Yucca during Operation Hardtack I, and 
the test sites for Shot Frigate Bird and Shot Swordfish during Operation 
Dominic I) and the official zone around each site from which non-test 
affiliated ships were excluded for security and safety purposes;
    (3) The Trinity Test Site (TTS), New Mexico;
    (4) The South Atlantic Test Site for Operation Argus and the 
official zone around the site from which non-test affiliated ships were 
excluded for security and safety purposes;
    (5) Any designated location within a Naval Shipyard, Air Force Base, 
or other official government installation where ships, aircraft, or 
other equipment used in an atmospheric nuclear detonation were 
decontaminated; or
    (6) Any designated location used for the purpose of monitoring 
fallout from an atmospheric nuclear test conducted at the Nevada Test 
Site.
    (g) Participant means an individual
    (1) Who was:
    (i) A member of the armed forces;
    (ii) A civilian employee or contract employee of the Manhattan 
Engineer District, the Armed Forces Special Weapons Project, the Defense 
Atomic Support Agency, the Defense Nuclear Agency, or the Department of 
Defense or its components or agencies or predecessor components or 
agencies;
    (iii) An employee or contract employee of the Atomic Energy 
Commission, the Energy Research and Development Administration, or the 
Department of Energy;

[[Page 338]]

    (iv) A member of the Federal Civil Defense Administration or the 
Office of Civil and Defense Mobilization; or
    (v) A member of the United States Public Health Service; and
    (2) Who:
    (i) Performed duties within the identified operational area around 
each atmospheric nuclear test;
    (ii) Participated in the decontamination of any ships, planes, or 
equipment used during the atmospheric nuclear test;
    (iii) Performed duties as a cloud tracker or cloud sampler;
    (iv) Served as a member of the garrison or maintenance forces on the 
atoll of Enewetak between June 21, 1951, and July 1, 1952; between 
August 7, 1956, and August 7, 1957; or between November 1, 1958, and 
April 30, 1959; or
    (v) Performed duties as a member of a mobile radiological safety 
team monitoring the pattern of fallout from an atmospheric nuclear test.
    (h) Period of atmospheric nuclear testing means any of the periods 
associated with each test operation specified in Sec. 79.31(f), plus an 
additional six-month period thereafter.
    (i) Physically present (or physical presence) means present (or 
presence) for a substantial period of each day.