[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46778-46779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17870]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

20 CFR Part 30

RIN 1240-AA08


Claims for Compensation Under the Energy Employees Occupational 
Illness Compensation Program Act

AGENCY: Office of Workers' Compensation Programs, Department of Labor.

ACTION: Final rule; correction.

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SUMMARY: On February 8, 2019, the Department of Labor (Department) 
published in the Federal Register a final rule that revised its 
regulations governing its responsibilities under the Energy Employees 
Occupational Illness Compensation Program Act of 2000, as amended 
(EEOICPA). However, the final rule as published inadvertently omitted 
amendatory instructions to retain two subordinate paragraphs. This 
document corrects the error.

DATES: This correction is effective August 20, 2021, and is applicable 
beginning April 9, 2019.

FOR FURTHER INFORMATION CONTACT: Rachel D. Pond, Director, Division of 
Energy Employees Occupational Illness Compensation, Office of Workers' 
Compensation Programs, U.S. Department of Labor, Room C-3321, 200 
Constitution Avenue NW, Washington, DC 20210. Telephone: 202-693-0081 
(this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The Department's February 8, 2019, final 
rule that revised its regulations governing its responsibilities under 
the Energy Employees Occupational Illness Compensation Program Act of 
2000, as amended (EEOICPA), 42 U.S.C. 7384 et seq. However, the final 
rule as published inadvertently omitted amendatory instructions to 
retain the two subordinate paragraphs to 20 CFR 30.210(a)(1), i.e., 20 
CFR 30.210(a)(1)(i) and (ii). This document provides the omitted 
amendatory instructions to ensure that Sec.  30.210(a)(1)(i) and (ii) 
are contained in the final rule as intended by the Department, and 
notifies the public of how corrected Sec.  30.210(a)(1) now reads.
    In the February 8, 2019, final rule, amendatory instruction 17 
amended Sec.  30.210 by revising paragraph (a)(1); however, amendatory 
instruction 17 did not specify that only the introductory text of 
paragraph (a)(1) required revision, and that the two subordinate 
paragraphs to Sec.  30.210(a)(1), i.e., 20 CFR 30.210(a)(1)(i) and 
(ii), were to remain in the final rule. Amendatory instruction 17 
should have revised only the introductory text of paragraph (a)(1).
    This correcting amendment is in keeping with the Department's 
clearly expressed intent in the preamble of the final rule to update a 
cross-reference in Sec.  30.210(a)(1), and not to make any other change 
in Sec.  30.210(a)(1). The omission of Sec.  30.210(a)(1)(i) and (ii) 
in the final rule had no substantive effect because those subordinate 
paragraphs are explicit requirements in section 7384l(9)(A) of EEOICPA, 
and therefore cannot be ignored in the adjudication of claims under 
EEOICPA.

List of Subjects in 20 CFR Part 30

    Administrative practice and procedure, Cancer, Claims, Kidney 
diseases, Lung diseases, Miners, Radioactive materials, Underground 
mining, Uranium, Workers' compensation.

    Therefore, the Department amends 20 CFR part 30 by making the 
following correcting amendment:

PART 30--CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES 
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED

0
1. The authority citation for part 30 continues to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 
7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 
77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-
2009, 74 FR 58834.


0
2. Amend Sec.  30.210 by revising paragraph (a)(1) to read as follows:


Sec.  30.210  What are the criteria for eligibility for benefits 
relating to radiogenic cancer?

    (a) To establish eligibility for benefits for radiogenic cancer 
under Part B of EEOICPA, an employee or his or her survivor must show 
that:
    (1) The employee has been diagnosed with one of the forms of cancer 
specified in Sec.  30.5(gg); and

[[Page 46779]]

    (i) Is a member of the Special Exposure Cohort (as described in 
Sec.  30.214(a) of this subpart) who, as a civilian DOE employee or 
civilian DOE contractor employee, contracted the specified cancer after 
beginning employment at a DOE facility; or
    (ii) Is a member of the Special Exposure Cohort (as described in 
Sec.  30.214(a) of this subpart) who, as a civilian atomic weapons 
employee, contracted the specified cancer after beginning employment at 
an atomic weapons employer facility (as defined in Sec.  30.5(e)); or
* * * * *

    Signed at Washington, DC, this 13th day of August, 2021.
Christopher J. Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2021-17870 Filed 8-19-21; 8:45 am]
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