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CHAIRMAN: 

Paul L. Ziemer, Ph.D. 

Lafayette, Indiana 

MEMBERS: 

Henry A. Anderson, M.D. 

Madison, Wisconsin 

Antonio Andrade, PhD. 

Los Alamos, New Mexico 

Roy L. DeHart, M.D., M.P.H. 

N h .11 T " as VI e, ennessee ~" 

f~~ Richard L. Espinosa 

;~ Espanola, New Mexico 

r"~ Michael H. Gibson 

Franklin, Ohio 

Mark A. Griffon 

Salem, New Hampshire 

James M. Melius, M.D., Ph.D. 

Albany, New York 

Wanda I. Munn 

Richland, Washington 

Charles L. Owens 

Paducah, Kentucky 

RobertW. Presley 

Clinton, Tennessee 

GenevieveS. Roessler, Ph.D. 

Elysian, Minnesota 

STAFF: 

EXECUTIVESECRETARY: .have 

Larry J. Elliott 

Cincinnati, Ohio 

COMM/rrEE MANAGEMENT: 

C I 8 H or .orner 

Atlanta, Georgia 

!~i~ 

ADVISORY BOARD O~l RADIATION AND WORKER HEALTH 

4676 Coilimbia Parkway, MS: R-45 

Cincinnati, Ohio 45226 

...RECEIVED ...(513) 533'<;825
 

Feb 13,2004 13:37:55 WS# 06
 

OFFICE OF THE SECRETARY
 

February 10.2004 

The Honorable Tomm y Thom p son 	 ~c 0 . 

Secretary .',?'.,E:­

.C:')n~ -rt Department of Health and Human Services 	 ~~:.~~ bJ-'" 

200 Independence Ave, 	 ;:: ~ " ­

0'-, . Washington, DC 20201 	 ~~; w ~~:..~ 

'"'1:;:0;(.', -0 .­ Z-'.'I --, 

Dear Secretary Thompson: ~!l~ ~ ~? ~(n, '1.. . -f » 0 

The Advisory Board on Radiatiori and Worker Health wishes tcfexpress 

its c.once~ about the ti~eliness in issuing the Final Proced~es for 

Deslgnatmg Classes of Employees as Members of the SpecIal Exposure 

Cohort (42 CFR Part 83). This rule is required pursuant to the Energy 

Employees Occupational Illness Compensation Program Act 

(EEOTCPA). 

The EEOICPA provides: 

".. .members of a class of employees at a Department of Energy
 

facility, or at an atomic weapons employer facility, may be treated
 

as members of the Special Exposure Cohort for purposes of the
 

compensation program if the President, upon recommendation of
 

the Advisory Board on Radiation and Workcr Health, dctermines
 

that ­

(1) it is not feasible to estimate with sufficient accuracy the
 

radiation dose that the class received; and
 

(2) there is a reasonable likelihood that such radiation dose may 

endangered the health of members of the class." 

., Section 42 USC 738(q) states thlrt "The Prest dent shall request advIce 

(of the ABR WH) after consideration of petitions by classes of 

employees The President sha] I consider such petitions pursuant to 

procedures established by the Prl~sident." 

Procedures for Designating Classes of Employees as Members of the 

Special Exposure Cohort were first set forth in by HHS in a proposed 

II... 	 " ",. -" 1111.'" 
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,'c ...RECEIVED... .Feb 13,2004 13:37:55 WS# 06 .OFFICE OF THE SECRETARY The Honorable Tommy Thompson CORRESPONDENCE February 10, 2004 

CONTROL CENTER 

rulemaking in June 2002 with a public comment period that closed in August 2002. Revised 

rules were subsequently proposed in March 2003, and the comment period closed in May 2003. 

The Advisory Board on Radiation and Worker Health commented on both sets of proposed rules. 

As of February 6, 2004, a final rule has not been issued. 

The Advisory Board, pursuant to EEOICPA, is charged with reviewing the scientific validity and 

quality of radiation dose reconstruction efforts perfonned b:y the Nalional Institute for 

Occupational Safety and Health, and to advise the Secretar)/ of Health and Human Services. In 

order for the Board to evaluate whether radiation dose estimates are being perfonned with 

sufficient accuracy, the Board will, in many cases, rely upon the criteria defined in this Fina1 

Rule. 

Potentially eligible classes of workers have been and continue to be blocked from filing petitions 

to become members of the Special Exposure Cohort becau~:e these regulations have not been 

issued. Hence, the Board urges you to finalize the Special Exposure Cohort Rule and publish it 

, in the Federal Register as soon as possible. 

,~ Sincerely, 

t::::.:::;~;::~ ~:::;a;~~=~"'~:~C.'_'-2_',.)

~ 

Paul L. Ziemer, Ph.D. 

Chairman 

Cc: Advisory Board members 

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