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Federal Register / Vol. 72, No.

151 / Tuesday, August 7, 2007 / Notices 44149

individuals to be evacuees while BEA will not undertake any continuing Dated: May 21, 2007.
reliable data remains available and state estimates of the number of Katrina Michael O. Leavitt,
sufficient to identify evacuees and their evacuees or income attributed to them Secretary of Health and Human Services.
income in order to carry out the beyond what already has been done for [FR Doc. E7–15321 Filed 8–6–07; 8:45 am]
provisions of the DRA. 2005.
BILLING CODE 4150–05–P
While no comments were received on
Moreover, we believe the adjustment
any of the proposed HHS definitions of
an evacuee or offers of alternative time frame is sufficiently long for
definitions, HHS examined each of the individuals to become an integral part DEPARTMENT OF HEALTH AND
approaches identified above in reaching of, with economic and social ties to, the HUMAN SERVICES
a decision on the interpretation of an State in which they have been present.
We continue to believe that the intent of National Institute for Occupational
evacuee and its potential impact on
future FMAP calculations. the statutory adjustment was to relieve Safety and Health; Final Effect of
While approach 1 uses a specific time the temporary burden on host states of Designation of a Class of Employees
frame (18 months following evacuation), a sudden influx of evacuees who were for Addition to the Special Exposure
the time frame itself is arbitrary and we not integrated into the host state Cohort
believe it is unreasonable to consider a economy. Thus we believe it is
person to be considered an evacuee unreasonable to consider a person to be AGENCY: National Institute for
once they have established residency an evacuee once they have established Occupational Safety and Health
and become integrated into the economy residency and become integrated into (NIOSH), Department of Health and
of their host state. Former Katrina the economy in their host state. Human Services (HHS).
evacuees will now be reported by their For the above reasons, HHS has ACTION: Notice.
place of residence for 2006 and beyond, determined to interpret the term
no longer separately identified as ‘‘evacuee’’ to be limited to the time SUMMARY: The Department of Health and
Katrina evacuees, and will be included period for which reliable data is
in the population and income estimates Human Services (HHS) gives notice
available on the number and income of concerning the final effect of the HHS
collected by BEA for their states of evacuees. Based on our current
residence. decision to designate a class of
understanding of the available data employees at the Dow Chemical
HHS has learned that approach 2
sources, this interpretation means that Company, Madison, Illinios, as an
(FEMA assistance) will not be viable
there would be no basis for performing addition to the Special Exposure Cohort
because Katrina FEMA assistance will
the calculations specified in Section (SEC) under the Energy Employees
not be separately identified from all
other FEMA assistance to identify 6053(b) of the DRA beyond the current Occupational Illness Compensation
evacuees beyond that which was year calculations for the FY 2008 FMAP. Program Act of 2000. On June 22, 2007,
provided for 2005. F. Final FMAP and EFMAP Percentages as provided for under 42 U.S.C.
Because of the practical difficulty in for State(s) Affected by Hurricane 7384q(b), the Secretary of HHS
calculating an adjustment, we are Katrina designated the following class of
adopting the third approach, limiting employees as an addition to the SEC:
the definition of evacuee to the time Based on the findings of our review of
Atomic Weapons Employer (AWE)
period for which reliable data remains the comments received, we believe the employees who were monitored or should
available, because the existence of methodology as described herein, and in have been monitored for exposure to thorium
reliable data is essential to identifying more detail at 72 FR 3391, is the most radionuclides while working at the Dow
individuals as evacuees. It is clear from appropriate method, given the available Chemical Company site in Madison, Illinois
the current effort to comply with the information, for implementing Section for a number of work days aggregating at least
DRA provisions that data to support the 6053(b) of the DRA. As such, only the 250 work days from January 1, 1957 through
calculations is limited at best. While FMAP and EFMAP percentages for the December 31, 1960, or in combination with
information on the number of Katrina state of Texas are affected. work days within the parameters established
evacuees has been available, data on for one or more other classes of employees
The percentages for Texas are as
income attributed to evacuees has been in the Special Exposure Cohort.
follows:
extremely limited. BEA, which collects
the data upon which FMAP calculations This designation became effective on
2008 with
are made, was limited in its ability to Calculated adjustment July 22, 2007, as provided for under 42
isolate income data for Katrina Texas 2008 for Section U.S.C. 7384l(14)(C). Hence, beginning
evacuees. Only some of the interstate 6053(b) on July 22, 2007, members of this class
income data, such as governmental of employees, defined as reported in
transfer receipts (TANF, Medicaid, etc.), FMAP ................ 60.53 60.56
this notice, became members of the
attributable to Katrina evacuees was EFMAP ............. 72.37 72.39
Special Exposure Cohort.
available, while none of a state(s)’ wages
and salaries paid to Katrina evacuees G. Effective Dates FOR FURTHER INFORMATION CONTACT:
who moved to the host state could be Larry Elliott, Director, Office of
The percentages listed will be Compensation Analysis and Support,
isolated to determine personal income
effective for each of the four (4) quarter- National Institute for Occupational
data for these evacuees. It was therefore
year periods in the period beginning Safety and Health (NIOSH), 4676
technically difficult to perform the
calculations for the current year. October 1, 2007 and ending September Columbia Parkway, MS C–46,
jlentini on PROD1PC65 with NOTICES

We do not believe that reliable data 30, 2008 (fiscal year 2008). Cincinnati, OH 45226, Telephone 513–
will be available to track either the (Catalog of Federal Domestic Assistance 533–6800 (this is not a toll-free
number or the income of evacuees to Program Nos. 93.778: Medical Assistance number). Information requests can also
make calculations for the FMAP beyond Program; 93.767: State Children’s Health be submitted by e-mail to
FY 2008. It is our understanding that Insurance Program) OCAS@CDC.GOV.

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44150 Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices

Dated: August 2, 2007. Dated: August 2, 2007. Dated: August 2, 2007.


John Howard, John Howard, John Howard,
Director, National Institute for Occupational Director, National Institute for Occupational Director, National Institute for Occupational
Safety and Health. Safety and Health. Safety and Health.
[FR Doc. 07–3845 Filed 8–6–07; 8:45 am] [FR Doc. 07–3843 Filed 8–6–07; 8:45 am] [FR Doc. 07–3844 Filed 8–6–07; 8:45 am]
BILLING CODE 4163–19–M BILLING CODE 4163–19–M BILLING CODE 4163–19–M

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND


HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES

National Institute for Occupational National Institute for Occupational Centers for Medicare & Medicaid
Safety and Health; Final Effect of Safety and Health; Final Effect of Services
Designation of a Class of Employees Designation of a Class of Employees [CMS–3188–NC]
for Addition to the Special Exposure for Addition to the Special Exposure
Cohort Cohort Medicare Program; Evaluation Criteria
and Standards for Quality
AGENCY: National Institute for AGENCY: National Institute for Improvement Program Organization
Occupational Safety and Health Occupational Safety and Health Contracts
(NIOSH), Department of Health and (NIOSH), Department of Health and
Human Services (HHS). Human Services (HHS). AGENCY: Centers for Medicare &
ACTION: Notice. Medicaid Services (CMS), HHS.
ACTION: Notice. ACTION: Notice with comment period.
SUMMARY: The Department of Health and
Human Services (HHS) gives notice SUMMARY: The Department of Health and SUMMARY: This notice with comment
concerning the final effect of the HHS Human Services (HHS) gives notice period describes the criteria we intend
decision to designate a class of concerning the final effect of the HHS to use to evaluate the efficiency and
employees at Los Alamos National decision to designate a class of effectiveness of Quality Improvement
Laboratory, Los Alamos, New Mexico, employees at W.R. Grace, Erwin, Organizations (QIOs) currently under
as an addition to the Special Exposure Tennessee, as an addition to the Special contract with CMS in accordance with
Cohort (SEC) under the Energy Exposure Cohort (SEC) under the Energy the Social Security Act. These
Employees Occupational Illness Employees Occupational Illness evaluation criteria are based on the tasks
Compensation Program Act of 2000. On Compensation Program Act of 2000. On and related subtasks set forth in the
June 22, 2007, as provided for under 42 June 22, 2007, as provided for under 42 QIO’s Scope of Work (SOW). The
U.S.C. 7384q(b), the Secretary of HHS U.S.C. 7384q(b), the Secretary of HHS current 8th SOW includes Tasks 1, 3,
designated the following class of designated the following class of and 4 (Task 2 is reserved) with subtasks
employees as an addition to the SEC: employees as an addition to the SEC: included under Tasks 1 and 3. QIOs
were awarded contracts for the 8th
Employees of the Department of Energy Atomic Weapons Employer (AWE) SOW, or 8th Round, for 3 years, with
(DOE), its predecessor agencies, or DOE employees who were monitored or should
contractors or subcontractors who were
staggered starting dates beginning
have been monitored for potential exposure
monitored or should have been monitored for to thorium while working in any of the 100
August 2005, November 2005, and
radiological exposure while working in series buildings or Buildings 220, 230, 233, February 2006. Comments on this notice
operational Technical Areas with a history of 234, 301, or 310 at the W.R. Grace site at will also be considered in the
radioactive material use at the Los Alamos Erwin, Tennessee for a number of work days development of the 9th SOW.
National Laboratory (LANL) for a number of aggregating at least 250 work days from DATES: To be assured of consideration,
work days aggregating at least 250 work days January 1, 1958, through December 31, 1970, comments must be received at one of
from March 15, 1943 through December 31, or in combination with work days within the the addresses provided below, no later
1975, or in combination with work day as parameters established for one or more other
within parameters established for one or than 5 p.m. on September 6, 2007.
classes of employees in the Special Exposure ADDRESSES: In commenting, please refer
more other classes of employees in the Cohort.
Special Exposure Cohort. to file code CMS–3188–NC. Because of
This designation became effective on staff and resource limitations, we cannot
This designation became effective on
July 22, 2007, as provided for under 42 accept comments by facsimile (FAX)
July 22, 2007, as provided for under 42
U.S.C. 7384l(14)(C). Hence, beginning transmission.
U.S.C. 7384l(14)(C). Hence, beginning You may submit comments in one of
on July 22, 2007, members of this class on July 22, 2007, members of this class
of employees, define as reported in this four ways (no duplicates, please):
of employees, defined as reported in 1. Electronically. You may submit
this notice, became members of the notice, became members of the Special
Exposure Cohort. electronic comments on specific issues
Special Exposure Cohort. in this regulation to http://
FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: www.cms.hhs.gov/eRulemaking. Click
Larry Elliott, Director, Office of Larry Elliott, Director, Office of on the link ‘‘Submit electronic
Compensation Analysis and Support, Compensation Analysis and Support, comments on CMS regulations with an
National Institute for Occupational National Institute for Occupational open comment period.’’ (Attachments
Safety and Health (NIOSH), 4676 Safety and Health (NIOSH), 4676 should be in Microsoft Word,
Columbia Parkway, MS C–46, Columbia Parkway, MS C–46, WordPerfect, or Excel; however, we
jlentini on PROD1PC65 with NOTICES

Cincinnati, OH 45226, Telephone 513– Cincinnati, OH 45226, Telephone 513– prefer Microsoft Word.)
533–6800 (this is not a toll-free 533–6800 (this is not a toll-free 2. By regular mail. You may mail
number). Information requests can also number). Information requests can also written comments (one original and two
be submitted by e-mail to be submitted by e-mail to copies) to the following address ONLY:
OCAS@CDC.GOV. OCAS@CDC.GOV. Centers for Medicare & Medicaid

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