[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Notices]
[Pages 32252-32253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12612]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
[30Day-13-0639]
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
(404) 639-7570 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
EEOICPA Special Exposure Cohort Petitions (OMB No. 0920-0639 exp.
9/20/2013)--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. Sec. Sec. 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
[[Page 32253]]
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 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 time to prepare and
submit such a challenge is 45 minutes. 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.
There are no costs to respondents unless a respondent/petitioner
chooses to purchase the services of an expert in dose reconstruction,
an option provided for under the rule. The total estimated burden hours
are 51.
Estimate of Annualized Burden Hours
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No. of Avg. burden
Type of respondents Form Name No. of responses per per response
respondents respondent (in hrs.)
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Petitioners........................... Form A 42 CFR 83.9...... 5 1 3/60
Form B 42 CFR 83.9...... 8 1 5
Petitioners using a submission format 42 CFR 83.9............. 1 1 6
other than Form B (as permitted by
rule).
Petitioners Appealing final HHS 42 CFR 83.18............ 4 1 45/60
decision (no specific form is
required).
Claimant authorizing a party to submit Authorization Form 42 5 1 3/60
petition on his/her behalf. CFR 83.7.
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Ron A. Otten,
Director, Office of Scientific Integrity, Office of the Associate
Director for Science, Office of the Director, Centers for Disease
Control and Prevention.
[FR Doc. 2013-12612 Filed 5-28-13; 8:45 am]
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