khammond on DSKJM1Z7X2PROD with RULES

5330 Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations 

Dated: December 31, 2019. 

Debra Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. § 52.1370 Identification of plan. 

* * * * * Subpart BB—Montana (c) * * * 

■ 2. In § 52.1370, the table in paragraph 

(c) is amended by revising the entries 

for ‘‘17.8.320,’’ ‘‘17.8.604,’’ and ‘‘1660 

Resolution.’’ 

The revisions read as follows: 

State effective EPA final rule State citation Rule title Final rule citation Comments date date 

* 

* 

* 

* 

Wood-waste Burners 

* 

........................ 

* 

........................ 

* 

........................ 

* 

1/30/2020 

* * 

Removed (1)(w). 

* 

cross-reference to 

* 

[Insert Federal Register citation]. 

17.8.320 ....................... 

17.8.604 ....................... 

1660 Resolution ........... 

* * * * * * * 

* 

1/30/2020 

* * 

Mater Removed 

* 

from Open Burning. 

ials Prohibited 

* 

Lincoln County Health 

[Insert Federal Register citation]. 

* 

ARM17.8.604(1)(w). 

* * 

Removed 75.1.405(2)(w). 

* 

1/30/2020 [Insert Federal Regand Environment ister citation]. 

Regulations. 

* * * * * 

[FR Doc. 2020–00196 Filed 1–29–20; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 81 

[Docket Number CDC–2019–0050; NIOSH– 

329] 

RIN 0920–AA74 

Guidelines for Determining the 

Probability of Causation Under the 

Energy Employees Occupational 

Illness Compensation Program Act of 

2000; Technical Amendments 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Final rule. 

SUMMARY: In August 2019, the 

Department of Health and Human 

Services (HHS) published an interim 

final rule to revise its regulations to 

update references to the International 

Classification of Disease (ICD) codes 

from ICD–9–CM to ICD–10–CM, and 

remove outdated references to chronic 

lymphocytic leukemia from Energy 

Employees Occupational Illness 

Compensation Program regulations. 

These technical amendments have no 

effect on the cancer eligibility 

requirement under the Program because 

all cancer types are eligible to receive a 

dose reconstruction from NIOSH. Thus, 

no eligible claimant will be adversely 

impacted by the rulemaking finalized in 

this document. 

DATES: This rule is effective on January 

30, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Weiss, Program Analyst; 1090 

Tusculum Ave., MS: C–48, Cincinnati, 

OH 45226; telephone (855) 818–1629 

(this is a toll-free number); email 

NIOSHregs@cdc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Interested persons or organizations 

were invited to participate in this 

rulemaking by submitting written views, 

arguments, recommendations, and data. 

Comments were invited on any topic 

related to this rulemaking. 

HHS received one public comment for 

this rulemaking from a professional 

organization of health physicists. 

II. Review by the Advisory Board on 

Radiation and Worker Health 

As discussed in the August 2019 

interim final rule (84 FR 37587), the 

Energy Employees Occupational Illness 

Compensation Program Act of 2000 

(EEOICPA) 1 requires that HHS obtain a 

review by of that rulemaking the 

Advisory Board on Radiation and 

Worker Health. The Board conducted its 

review and submitted a letter to the 

1 42 U.S.C. 7384n(c). 

docket stating its concurrence with the 

interim final rule as published. 

III. Background 

As described in the August 2019 

interim final rule, EEOICPA was 

established to provide financial 

compensation and prospective medical 

benefits to employees for illness caused 

by exposure to radiation, beryllium, 

silica, and toxic substances during their 

employment at facilities of the 

Department of Energy, its predecessor 

agencies, and certain of its contractors 

and vendors. It is administered by the 

Department of Labor’s Office of 

Workers’ Compensation Programs 

(OWCP) with radiation dose 

reconstructions for claims involving 

radiogenic cancers provided by CDC’s 

National Institute for Occupational 

Safety and Health (NIOSH). HHS 

regulations in 42 CFR part 81 govern the 

NIOSH dose reconstructions. 

IV. Summary of Final Rule 

In the August 2019 interim final rule, 

HHS updated the International 

Classification of Disease (ICD) codes 

required to identify specific cancer 

types used in determining the 

likelihood that an individual’s cancer is 

associated with workplace radiation 

exposures using a number of factors, 

including the radiation doses estimated 

by NIOSH. Both the public commenter 

and the Board concurred with updating 

khammond on DSKJM1Z7X2PROD with RULES

Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations 5331 

references from ICD–9–CM to ICD–10– 

CM. 

Although supportive of the 

rulemaking, the public commenter 

objected to HHS’s explanation in the 

interim final rule preamble that ‘‘the 

definition of the term ‘non-radiogenic 

cancer’ is removed because all cancers 

are considered radiogenic.’’ According 

to the commenter, 

[t]his is a very claimant-favorable policy 

decision which is not supported by scientific 

evidence. According to UNSCEAR [citation 

omitted], ‘. . . for about 30% of tumour types 

. . . there is only a weak or no relationship 

between radiation exposure and risk at any 

age of exposure.’ To be consistent with 

scientific evidence we recommend a revision 

to remove the assertion that there are no nonradiogenic [cancers]. 

HHS agrees that the explanation 

should properly have stated that the 

definition is being removed because 

there are no types of cancer ineligible 

for NIOSH dose reconstruction; 

accordingly, the revision is accepted 

and the explanation for the removal of 

the definition is revised below. No other 

changes are made to the rulemaking 

preamble or regulatory text. 

With this final rule, and for the 

reasons discussed in the August 2019 

interim final rule, HHS adopts as final 

amendments to the regulations in 42 

CFR part 81 allowing NIOSH to update 

references and ICD codes. No 

substantive changes are made to part 81. 

In the existing definitions section, 

§ 81.4, the term ‘‘specified cancer’’ 

includes a reference to a corresponding 

DOL regulation (i.e., 20 CFR 30.5(dd)). 

DOL has recently conducted a 

rulemaking to revise 20 CFR part 30 that 

resulted in the reordering of this 

reference from 20 CFR 30.5(dd) to 20 

CFR 30.5(gg).2 Therefore, in § 81.4, HHS 

has revised the reference to read ‘‘20 

CFR 30.5(gg).’’ In addition, the 

definition of the term ‘‘non-radiogenic 

cancer’’ is removed because there are no 

longer any types of cancer ineligible for 

receiving a dose reconstruction from 

NIOSH. Finally, § 81.4 is revised by 

adding a new definition of ‘‘ICD–10– 

CM,’’ to include a reference and web 

link. 

In existing § 81.5(b), the term ‘‘ICD–9’’ 

is replaced with ‘‘ICD–10–CM.’’ In 

§§ 81.21, 81.23, and 81.24, all references 

to ICD–9 codes are changed to ICD–10– 

CM codes. In §§ 81.21(a) and 81.24(a), 

outdated references to chronic 

lymphocytic leukemia are also removed. 

Finally, Appendix A is removed in its 

entirety because it is a glossary of ICD– 

9 codes and their cancer descriptions, 

and such reference tables, including 

2 84 FR 3026 (February 8, 2019). 

tables of ICD–10 codes and their cancer 

descriptions, are readily available 

online. 

V. Regulatory Assessment 

Requirements 

A. Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. 

This final rule is not being treated as 

a ‘‘significant’’ action under E.O. 12866. 

It updates references and ICD codes in 

existing 42 CFR part 81 to allow better 

administrative efficiency in the 

processing of dose reconstruction 

claims. The rule does not result in costs 

to the Program, claimants, or any other 

interested parties. Accordingly, HHS 

has not prepared an economic analysis 

and the Office of Management and 

Budget (OMB) has not reviewed this 

rulemaking. 

The rule does not interfere with State, 

local, or tribal governments in the 

exercise of their governmental 

functions. 

B. Executive Order 13771 (Reducing 

Regulation and Controlling Regulatory 

Costs) 

Executive Order 13771 requires 

executive departments and agencies to 

eliminate at least two existing 

regulations for every new significant 

regulation that imposes costs. HHS has 

determined that this rulemaking is costneutral because it does not require any 

new action by stakeholders. The 

rulemaking ensures that the dose 

reconstructions developed by the 

Program can be conducted efficiently. 

Because OMB has determined that 

this rulemaking is not significant, 

pursuant to E.O. 12866, and because it 

does not impose costs, OMB has 

determined that this rulemaking is 

exempt from the requirements of E.O. 

13771. Thus it has not been reviewed by 

OMB. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., requires each agency 

to consider the potential impact of its 

regulations on small entities including 

small businesses, small governmental 

units, and small not-for-profit 

organizations. The rule affects only 

Federal agencies and certain individuals 

covered by EEOICPA. Therefore, HHS 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act, 44 

U.S.C. 3501 et seq., requires an agency 

to invite public comment on and to 

obtain OMB approval of any rule of 

general applicability that requires 

recordkeeping, reporting, or disclosure 

requirements. 

NIOSH has obtained approval from 

OMB to collect information from 

claimants under ‘‘Energy Employees 

Occupational Illness Compensation 

Program Act Dose Reconstruction 

Interviews and Forms (EEOICPA)’’ 

(OMB Control No. 0920–0530, exp. 

January 31, 2022), which covers 

information collected under 42 CFR part 

81. This rulemaking does not change the 

reporting burden on any respondents. 

E. Small Business Regulatory 

Enforcement Fairness Act 

As required by Congress under the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (5 U.S.C. 801 et 

seq.), the Department will report the 

promulgation of this rule to Congress 

prior to its effective date. The report 

will state that the Department has 

concluded that this rule is not a ‘‘major 

rule’’ because it is not likely to result in 

an annual effect on the economy of $100 

million or more. 

F. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531 et 

seq.) directs agencies to assess the 

effects of Federal regulatory actions on 

State, local, and tribal governments, and 

the private sector ‘‘other than to the 

extent that such regulations incorporate 

requirements specifically set forth in 

law.’’ For purposes of the Unfunded 

Mandates Reform Act, this rule does not 

include any Federal mandate that may 

result in increased annual expenditures 

in excess of $100 million by State, local, 

or tribal governments in the aggregate, 

or by the private sector. 

G. Executive Order 12988 (Civil Justice) 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12988, ‘‘Civil Justice Reform,’’ 

and will not unduly burden the Federal 

court system. This rule has been 

khammond on DSKJM1Z7X2PROD with RULES

5332 Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations 

reviewed carefully to eliminate drafting 

errors and ambiguities. 

H. Executive Order 13132 (Federalism)

The Department has reviewed this

rule in accordance with Executive Order 

13132 regarding federalism, and has 

determined that it does not have 

‘‘federalism implications.’’ The rule 

does not ‘‘have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

I. Executive Order 13045 (Protection of

Children From Environmental Health

Risks and Safety Risks)

In accordance with Executive Order 

13045, HHS has evaluated the 

environmental health and safety effects 

of this rule on children. HHS has 

determined that the rule would have no 

effect on children. 

J. Executive Order 13211 (Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use)

In accordance with Executive Order 

13211, HHS has evaluated the effects of 

this rule on energy supply, distribution 

or use, and has determined that the rule 

will not have a significant adverse 

effect. 

K. Plain Writing Act of 2010

Under Public Law 111–274 (October

13, 2010), executive Departments and 

Agencies are required to use plain 

language in documents that explain to 

the public how to comply with a 

requirement the Federal Government 

administers or enforces. HHS has 

attempted to use plain language in 

promulgating the final rule consistent 

with the Federal Plain Writing Act 

guidelines. 

List of Subjects in 42 CFR Part 81 

Cancer, Government employees, 

Nuclear materials, Occupational safety 

and health, Radiation protection, 

Radioactive materials, Workers’ 

compensation. 

Final Rule 

For the reasons discussed in the 

preamble, the Department of Health and 

Human Services adopts as final the 

interim final rule published on August 

1, 2019, at 84 FR 37587 and further 

amends 42 CFR part 81 as follows: 

PART 81—GUIDELINES FOR 

DETERMINING PROBABILITY OF 

CAUSATION UNDER THE ENERGY 

EMPLOYEES OCCUPATIONAL 

ILLNESS COMPENSATION PROGRAM 

ACT OF 2000 

■ 1. The authority citation for part 81 

continues to read as follows:

Authority: 42 U.S.C. 7384n(c); E.O. 13179, 

65 FR 77487, 3 CFR, 2000 Comp., p. 321. 

Appendix A to Part 81—[Removed] 

■ 2. Amend part 81 by removing 

Appendix A.

Dated: January 10, 2020. 

Alex M. Azar II, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2020–00636 Filed 1–29–20; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1302 

RIN 0970–AC63 

Secretarial Determination To Lower 

Head Start Center-Based Service 

Duration Requirements 

AGENCY: Office of Head Start (OHS), 

Administration for Children and 

Families (ACF), Department of Health 

and Human Services (HHS). 

ACTION: Notification; Head Start centerbased service duration requirements. 

SUMMARY: The Secretary of Health and 

Human Services has the authority, on or 

before February 1, 2020, to lower the 

percentage of center-based funded 

enrollment slots for which Head Start 

programs must provide 1,020 annual 

hours of planned class operations, based 

on an assessment of the availability of 

sufficient funding to mitigate a 

substantial reduction in funded 

enrollment. The Secretary hereby gives 

notice of his exercise of that authority 

to reduce the percentage from 100 

percent (all) of a Head Start program’s 

center-based slots, to 45 percent of a 

Head Start program’s center-based slots. 

to 

provide, 

 By August 1, 2019, 1,020 annual 

hours of planned class operations over 

the course of at least eight months per 

year for at least 50 percent of its Head 

Start center-based funded enrollment; 

and 

 By August 1, 2021, a program must 

provide 1,020 annual hours of planned 

class operations over the course of at 

least eight months per year for all of its 

Head Start center-based funded 

enrollment. See 45CFR 1302.21(c)(2). 

Under the new regulations, this 

requirement is a minimum; programs 

can choose to operate some or all slots 

at a greater number of annual hours. The 

1,020 hours requirement represents an 

increase from the existing minimum 

requirement of 3.5 hours per day, 4 days 

per week, for 128 days per year, which 

is equivalent to 448 annual hours. The 

regulation, however, authorized the 

Secretary to reduce those requirements, 

by February 1, 2018 and February 1, 

2020, respectively, based on an 

assessment of the availability of 

sufficient funding to mitigate a 

substantial reduction in funded 

enrollment. See 45 CFR 1302.21(c)(3). 

DATES: This action is effective January 

30, 2020. 

ADDRESSES: Office of Head Start, Mary 

Switzer Bldg., 330 C Street SW, 

Washington, DC 20201. 

FOR FURTHER INFORMATION CONTACT: 

Colleen Rathgeb, Division Director for 

Planning, Oversight and Policy, Office 

of Head Start, OHS_duration@ 

1 ‘‘Center-based slots’’ refers to Head Start-funded 

slots. 

2 In this notice, ‘‘Head Start’’ refers to programing 

services to preschool-age children, and does not 

refer to Early Head Start services. 

acf.hhs.gov, (202) 358–3263 (not a tollfree call). Deaf and hearing impaired 

individuals may call the Federal Dual 

Party Relay Service at 1–800–877–8339 

between 8 a.m. and 7 p.m. Eastern 

Standard Time. 

SUPPLEMENTARY INFORMATION: 

 Background 

Head Start Duration Requirements 

I.

The Office of Head Start (OHS) has 

long established performance 

requirements for Head Start programs in 

regulation, including duration 

requirements. For more than two 

decades, Head Start programs have been 

required to meet a minimum service 

duration of 3.5 hours per day, 4 days per 

week, for 128 days per 1  year for centerba 45 CFR 

1302.21(c)(2((i). However, in September 

2016, OHS revised the regulations 

governing the Head Start program, 

known as the Head Start Program 

Performance Standards. See 81 FR 

61293 (Sept. 6, 2016). Those standards 

required Head Start programs 

sed funded slots.

2 

(1)

(2)

As noted, the 100 percent service 

duration standard is one of two 

requirements OHS included in the 

performance standards to phase-in full 

day, full school year services for all