jlentini on PROD1PC65 with NOTICES

Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices 44149 

individuals to be evacuees while 

reliable data remains available and 

sufficient to identify evacuees and their 

income in order to carry out the 

provisions of the DRA. 

While no comments were received on 

any of the proposed HHS definitions of 

an evacuee or offers of alternative 

definitions, HHS examined each of the 

approaches identified above in reaching 

a decision on the interpretation of an 

evacuee and its potential impact on 

future FMAP calculations. 

While approach 1 uses a specific time 

frame (18 months following evacuation), 

the time frame itself is arbitrary and we 

believe it is unreasonable to consider a 

person to be considered an evacuee 

once they have established residency 

and become integrated into the economy 

of their host state. Former Katrina 

evacuees will now be reported by their 

place of residence for 2006 and beyond, 

no longer separately identified as 

Katrina evacuees, and will be included 

in the population and income estimates 

collected by BEA for their states of 

residence. 

HHS has learned that approach 2 

(FEMA assistance) will not be viable 

because Katrina FEMA assistance will 

not be separately identified from all 

other FEMA assistance to identify 

evacuees beyond that which was 

provided for 2005. 

Because of the practical difficulty in 

calculating an adjustment, we are 

adopting the third approach, limiting 

the definition of evacuee to the time 

period for which reliable data remains 

available, because the existence of 

reliable data is essential to identifying 

individuals as evacuees. It is clear from 

the current effort to comply with the 

DRA provisions that data to support the 

calculations is limited at best. While 

information on the number of Katrina 

evacuees has been available, data on 

income attributed to evacuees has been 

extremely limited. BEA, which collects 

the data upon which FMAP calculations 

are made, was limited in its ability to 

isolate income data for Katrina 

evacuees. Only some of the interstate 

income data, such as governmental 

transfer receipts (TANF, Medicaid, etc.), 

attributable to Katrina evacuees was 

available, while none of a state(s)’ wages 

and salaries paid to Katrina evacuees 

who moved to the host state could be 

isolated to determine personal income 

data for these evacuees. It was therefore 

technically difficult to perform the 

calculations for the current year. 

We do not believe that reliable data 

will be available to track either the 

number or the income of evacuees to 

make calculations for the FMAP beyond 

FY 2008. It is our understanding that 

BEA will not undertake any continuing 

state estimates of the number of Katrina 

evacuees or income attributed to them 

beyond what already has been done for 

2005. 

Moreover, we believe the adjustment 

time frame is sufficiently long for 

individuals to become an integral part 

of, with economic and social ties to, the 

State in which they have been present. 

We continue to believe that the intent of 

the statutory adjustment was to relieve 

the temporary burden on host states of 

a sudden influx of evacuees who were 

not integrated into the host state 

economy. Thus we believe it is 

unreasonable to consider a person to be 

an evacuee once they have established 

residency and become integrated into 

the economy in their host state. 

For the above reasons, HHS has 

determined to interpret the term 

‘‘evacuee’’ to be limited to the time 

period for which reliable data is 

available on the number and income of 

evacuees. Based on our current 

understanding of the available data 

sources, this interpretation means that 

there would be no basis for performing 

the calculations specified in Section 

6053(b) of the DRA beyond the current 

year calculations for the FY 2008 FMAP. 

F. Final FMAP and EFMAP Percentages 

for State(s) Affected by Hurricane 

Katrina 

Based on the findings of our review of 

the comments received, we believe the 

methodology as described herein, and in 

more detail at 72 FR 3391, is the most 

appropriate method, given the available 

information, for implementing Section 

6053(b) of the DRA. As such, only the 

FMAP and EFMAP percentages for the 

state of Texas are affected. 

The percentages for Texas are as 

follows: 

Texas Calculated 

2008 

2008 with 

adjustment 

for Section 

6053(b) 

FMAP ................ 

EFMAP ............. 

60.53 

72.37 

60.56 

72.39 

G. Effective Dates 

The percentages listed will be 

effective for each of the four (4) quarteryear periods in the period beginning 

October 1, 2007 and ending September 

30, 2008 (fiscal year 2008). 

(Catalog of Federal Domestic Assistance 

Program Nos. 93.778: Medical Assistance 

Program; 93.767: State Children’s Health 

Insurance Program) 

Dated: May 21, 2007. 

Michael O. Leavitt, 

Secretary of Health and Human Services. 

[FR Doc. E7–15321 Filed 8–6–07; 8:45 am] 

BILLING CODE 4150–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institute for Occupational 

Safety and Health; Final Effect of 

Designation of a Class of Employees 

for Addition to the Special Exposure 

Cohort 

AGENCY: National Institute for 

Occupational Safety and Health 

(NIOSH), Department of Health and 

Human Services (HHS). 

ACTION: Notice. 

SUMMARY: The Department of Health and 

Human Services (HHS) gives notice 

concerning the final effect of the HHS 

decision to designate a class of 

employees at the Dow Chemical 

Company, Madison, Illinios, as an 

addition to the Special Exposure Cohort 

(SEC) under the Energy Employees 

Occupational Illness Compensation 

Program Act of 2000. On June 22, 2007, 

as provided for under 42 U.S.C. 

7384q(b), the Secretary of HHS 

designated the following class of 

employees as an addition to the SEC: 

Atomic Weapons Employer (AWE) 

employees who were monitored or should 

have been monitored for exposure to thorium 

radionuclides while working at the Dow 

Chemical Company site in Madison, Illinois 

for a number of work days aggregating at least 

250 work days from January 1, 1957 through 

December 31, 1960, or in combination with 

work days within the parameters established 

for one or more other classes of employees 

in the Special Exposure Cohort. 

This designation became effective on 

July 22, 2007, as provided for under 42 

U.S.C. 7384l(14)(C). Hence, beginning 

on July 22, 2007, members of this class 

of employees, defined as reported in 

this notice, became members of the 

Special Exposure Cohort. 

FOR FURTHER INFORMATION CONTACT: 

Larry Elliott, Director, Office of 

Compensation Analysis and Support, 

National Institute for Occupational 

Safety and Health (NIOSH), 4676 

Columbia Parkway, MS C–46, 

Cincinnati, OH 45226, Telephone 513– 

533–6800 (this is not a toll-free 

number). Information requests can also 

be submitted by e-mail to 

OCAS@CDC.GOV.