[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Proposed Rules]
[Pages 36891-36892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15703]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 81

[Docket Number NIOSH-0209]
RIN 0920-AA39


Guidelines for Determining Probability of Causation Under the 
Energy Employees Occupational Illness Compensation Program Act of 2000; 
Revision of Guidelines on Non-Radiogenic Cancers; Extension of Comment 
Period

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Centers for Disease Control and Prevention (CDC), Department of Health 
and Human Services (HHS).

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: On March 21, 2011, the Department of Health and Human Services 
(HHS) published a Notice of Proposed Rulemaking proposing to treat 
chronic lymphocytic leukemia (CLL) as a radiogenic cancer under the 
Energy Employees Occupations Illness Compensation Program Act (EEOICPA) 
of 2000. The public comment period was scheduled to end on June 20, 
2011. We have received a request asking to extend the public comment 
period. In consideration of this request, HHS is extending the public 
comment period by 30 days to July 20, 2011.

DATES: The comment period for the proposed rule published March 21, 
2011 (76 FR 15268), is extended. Written or electronic comments must be 
received on or before July 20, 2011. Please refer to SUPPLEMENTARY 
INFORMATION for additional information.

ADDRESSES: You may submit comments, identified by RIN 0920-AA39, by any 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: nioshdocket@cdc.gov. Include ``RIN: 0920-AA39'' 
and ``42 CFR Part 81'' in the subject line of the message.
     Mail: NIOSH Docket Office, Robert A. Taft Laboratories, 
MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226.
    Instructions: All submissions received must include the agency name 
and docket number or Regulation Identifier Number (RIN) for this 
rulemaking, RIN 0920-AA39. All comments received will be posted without 
change to http://www.cdc.gov/niosh/docket/archive/docket209.html, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.cdc.gov/niosh/docket/archive/docket209.html.

FOR FURTHER INFORMATION CONTACT: Stuart Hinnefeld, Director, Division 
of Compensation Analysis and Support, National Institute for 
Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS-C46, 
Cincinnati, OH 45226; telephone 513-533-6800 (this is not a toll-free 
number). Information requests can also be submitted by e-mail to 
dcas@cdc.gov.

SUPPLEMENTARY INFORMATION: HHS published a proposed rule entitled 
``Guidelines for Determining Probability of Causation Under the Energy 
Employees Occupational Illness Compensation Program Act of 2000,'' on 
Monday, March 21, 2011 (76 FR 15268).
    In the notice of proposed rulemaking, HHS would treat chronic 
lymphocytic leukemia (CLL) as a radiogenic cancer under the Energy 
Employees Occupational Illness Compensation Program Act of 2000 
(EEOICPA). Under current guidelines promulgated by HHS as regulations 
in 2002, all types of cancers except for CLL are treated as being 
potentially caused by radiation and hence, as potentially compensable 
under EEOICPA. HHS proposes to reverse its decision to exclude CLL from 
such treatment.
    HHS received a request to extend the comment period. In 
consideration of that request, HHS is extending the comment period by 
30 days, such that all comments must be received on or before July 20, 
2011. This extended deadline will have provided commenters with 90 days 
for comment on the proposed rule while preserving the Agency's ability 
to make timely progress on this occupational health priority.
    Accordingly, the comment period for the proposed rule published 
March 21, 2011 (76 FR 15268), is extended until July 20, 2011.


[[Page 36892]]


    Dated: June 20, 2011.
Kathleen Sebelius,
Secretary, Department of Health and Human Services.
[FR Doc. 2011-15703 Filed 6-20-11; 4:15 pm]
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