rmajette on PROD1PC67 with NOTICES

9340 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 

be deemed to be ‘‘interoperable’’ if that 

software has been certified by a 

certifying body recognized by the 

Secretary within 12 months prior to the 

donation. Under the interim guidance 

for the recognition of certifying bodies 

published by the ONC (‘‘Office of the 

National Coordinator for Health 

Information Technology (ONC) Interim 

Guidance Regarding the Recognition of 

Certification Bodies’’), for an 

organization to be recognized as a 

recognized certifying body (RCB), the 

organization must:

• Have in place a demonstrated 

process by which they certify products 

to be in compliance with criteria 

recognized by the Secretary; 

• Have a method by which they can 

incorporate all applicable standards and 

certification criteria into their 

certification processes; and 

• Have the ability to adapt their 

processes to emerging certification 

criteria recognized by the Secretary. 

The RCBs would therefore have to 

certify such products in conformity 

with, among other provisions, these 

interoperability specifications for the 

certified products to meet the 

interoperability deeming provisions of 

the physician self-referral exception and 

anti-kickback safe harbor, respectively. 

The Secretary is mindful that the 

ability of software to be interoperable 

evolves as technology develops. 

Consequently, if an enforcement action 

is initiated for an allegedly improper 

donation of EHR non-certified software, 

the Secretary would review whether the 

software was interoperable, as defined 

in the regulations. The Secretary would 

consider the prevailing state of 

technology at the time the items or 

services were provided to the recipient. 

As explained in the regulations, the 

Secretary understands that parties 

should have a reasonable basis for 

determining whether the EHR software 

is interoperable. We therefore indicated 

that ‘‘it would be appropriate—and, 

indeed, advisable—for parties to consult 

any standards and criteria related to 

interoperability recognized by the 

Department.’’ Compliance with these 

standards and criteria, as we explained 

in the regulations, ‘‘will provide greater 

certainty to donors and recipients that 

products meet the interoperability 

requirement, and may be relevant in an 

enforcement action.’’ 

Based on the changing nature of 

technological development noted above, 

the Secretary has accepted these 

Interoperability Specifications, and 

intends to recognize them in version 2.0 

form in December of 2007, presuming 

that changes from version 1.2 to version 

2.0 are minor and of a technical nature. 

He has also delegated authority to ONC 

to coordinate and oversee the 

incorporation of these Interoperability 

Specifications in relevant activities 

among Federal agencies and other 

partner organizations, as appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Judith Sparrow at (202) 690–7151. 

Dated: February 23, 2007. 

Robert M. Kolodner, 

Interim National Coordinator for Health IT. 

[FR Doc. 07–915 Filed 2–28–07; 8:45 am] 

BILLING CODE 4150–24–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institute for Occupational 

Safety and Health; Decision To 

Evaluate a Petition To Designate a 

Class of Employees at Hanford in 

Richland, Washington, To Be Included 

in 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 as 

required by 42 CFR 83.12(e) of a 

decision to evaluate a petition to 

designate a class of employees at 

Hanford in Richland, Washington, to be 

included in the Special Exposure Cohort 

under the Energy Employees 

Occupational Illness Compensation 

Program Act of 2000. The initial 

proposed definition For the class being 

evaluated, subject to revision as 

warranted by the evaluation, is as 

follows: 

Facility: Hanford. 

Location: Richland, Washington. 

Job Titles and/or Job Duties: All 

roving maintenance carpenters and 

apprentice carpenters who worked in 

the 100, 200, 300, and 400 Areas. 

Period of Employment: April 25, 1967 

through February 1, 1971. 

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. 

Dated: February 22, 2007. 

John Howard, 

Director, National Institute for Occupational 

Safety and Health. 

[FR Doc. 07–912 Filed 2–28–07; 8:45 am] 

BILLING CODE 4163–19–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institute for Occupational 

Safety and Health; Designation of a 

Class of Employees for Addition to the 

Special Exposure Cohort 

AGENCY: National Institutes 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 of a 

decision to designate a class of 

employee at the Allied Chemical 

Corporation Plant in Metropolis, 

Illinois, as an addition to the Special 

Exposure Cohort (SEC) under the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000. On 

February 1, 2007, the Secretary of HHS 

designated the following class of 

employees as an addition to the SEC: 

Atomic Weapons employees who were 

monitored or should have been monitored for 

exposure to ionizing radiation while working 

at Allied Chemical Corporation Plant in 

Metropolis, Illinois from January 1, 1959 

through December 31, 1976, and who were 

employed for a number of work days 

aggregating at least 250 work days 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 will become 

effective on March 3, 2007, unless 

Congress provides otherwise prior to the 

effective date. After this effective date, 

HHS will publish a notice in the 

Federal Register reporting the addition 

of this class to SEC or the result of any 

provision by Congress regarding the 

decision by HHS to add the class to the 

SEC. 

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.