Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act, 46778-46779 [2021-17870]

Download as PDF 46778 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations Airac date State City Airport FDC date 9–Sep–21 .... NE Mc Cook ................. Mc Cook Ben Nelson Rgnl ..... 1/4344 7/26/21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 9–Sep–21 .... .... .... .... .... .... .... .... .... .... .... .... NE NE NE NE NC CA AR AR OK OK MA NC Mc Cook ................. Mc Cook ................. Mc Cook ................. Mc Cook ................. Rocky Mount ........... Borrego Springs ...... Newport .................. Newport .................. Ardmore .................. Ardmore .................. Orange .................... Walnut Cove ........... Mc Cook Ben Nelson Rgnl ..... Mc Cook Ben Nelson Rgnl ..... Mc Cook Ben Nelson Rgnl ..... Mc Cook Ben Nelson Rgnl ..... Rocky Mount-Wilson Rgnl ....... Borrego Valley ......................... Newport Rgnl .......................... 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CA Los Angeles ............ Los Angeles Intl ...................... 1/9395 8/2/21 [FR Doc. 2021–17855 Filed 8–19–21; 8:45 am] BILLING CODE 4910–13–P 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 Office of Workers’ Compensation Programs, Department of Labor. ACTION: Final rule; correction. AGENCY: 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 SUMMARY: khammond on DSKJM1Z7X2PROD with RULES FDC No. VerDate Sep<11>2014 16:42 Aug 19, 2021 Jkt 253001 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 § 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 § 30.210(a)(1) now reads. In the February 8, 2019, final rule, amendatory instruction 17 amended § 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 § 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 § 30.210(a)(1), and not to make any other change in § 30.210(a)(1). The omission of § 30.210(a)(1)(i) and (ii) in the final rule had no substantive effect PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Subject ILS OR LOC/DME RWY 12, Orig-A. VOR RWY 30, Amdt 11C. RNAV (GPS) RWY 22, Orig-D. RNAV (GPS) RWY 30, Orig-C. RNAV (GPS) RWY 12, Amdt 1A. VOR/DME RWY 22, Amdt 3A. RNAV (GPS) RWY 26, Orig. RNAV (GPS) RWY 18, Orig-A. RNAV (GPS) RWY 36, Orig-A. ILS OR LOC RWY 31, Amdt 5C. RNAV (GPS) RWY 31, Amdt 1D. RNAV (GPS) RWY 32, Orig-A. VOR/DME OR GPS RWY 34, Orig. RNAV (GPS)-A, Orig-B. RNAV (GPS)-B, Orig-B. VOR/DME–C, Orig-B. RNAV (GPS) RWY 12, Amdt 1B. RNAV (RNP) Z RWY 25R, Orig. RNAV (RNP) Z RWY 24L, Amdt 2A. RNAV (RNP) Z RWY 25L, Amdt 2C. 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 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. 2. Amend § 30.210 by revising paragraph (a)(1) to read as follows: ■ § 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 § 30.5(gg); and E:\FR\FM\20AUR1.SGM 20AUR1 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations (i) Is a member of the Special Exposure Cohort (as described in § 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 § 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 § 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] BILLING CODE 4510–CR–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0597] RIN 1625–AA00 Safety Zone; Lake of the Ozarks, Mile Marker 7, Lake of the Ozarks, MO Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on all navigable waters in the Lake of the Ozarks extending 420 feet in all directions around a fireworks barge at mile marker 7, located approximately 500 feet west of Shady Gators. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative. DATES: This rule is effective from 9 p.m. on August 27, 2021 until 9:30 p.m. on August 28, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0597 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:42 Aug 19, 2021 Jkt 253001 If you have questions on this rule, call or email Lieutenant Commander Stephanie Moore, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314–269–2560, email Stephanie.R.Moore@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this safety zone by August 27, 2021 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the fireworks display on August 27, 2021 and August 28, 2021. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper Mississippi River (COTP) has determined that potential hazards associated with a fireworks display on August 27, 2021 and August 28, 2021 will be a safety concern for anyone on the Lake of the Ozarks at Mile Marker 7. This rule resulted from a marine event notification stating that there will be a fireworks display to celebrate summertime on the Lake of the Ozarks. This rule is needed to protect personnel, vessels, and the marine environment in PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 46779 the navigable waters within the safety zone before, during, and after the fireworks display. IV. Discussion of the Rule This rule establishes a safety zone that will be enforced on August 27, 2021 from 9 p.m. through 9:30 p.m. and August 28, 2021 from 9 p.m. through 9:30 p.m. The safety zones will be located on all navigable waters extending 420 feet in all directions around the fireworks barge at mile marker 7, located approximately 500 feet west of Shady Gators. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters before, during, and after a fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Upper Mississippi River. The COTP or a designated representative will inform the public of the enforcement dates and times for this safety zone, as well as any emergent safety concerns that may delay the enforcement of the zone. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, location, and duration of the temporary safety zone. This action involves a fireworks display that impacts on all navigable waters extending 420 feet in all directions around the fireworks barge at mile marker 7, located approximately 500 feet west of Shady Gators on August 27, 2021 at 9 p.m. through 9:30 p.m. and August 28, 2021 at 9 p.m. through 9:30 p.m. Moreover, the Coast Guard will E:\FR\FM\20AUR1.SGM 20AUR1

Agencies

[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.

-----------------------------------------------------------------------

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]
BILLING CODE 4510-CR-P