{"abstract":"The National Institute for Occupational Safety and Health (NIOSH) has changed a guideline for determining the probability of causation under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) for energy employees with cancers of the lung, trachea, or bronchus. The change affects only the NIOSH- Interactive RadioEpidemiological Program (IREP) cancer risk model termed \"Lung (162).\" The new guideline, which became effective on February 28, 2006, with the introduction of NIOSH-IREP Version 5.5, requires the use of both a National Institutes of Health (NIH)-IREP lung model implemented by NIH in 2003 and the original NIOSH-IREP lung model implemented by NIOSH in 2002. NIOSH-IREP Version 5.5 calculates separately the probability of causation produced under each model for each cancer of the lung, trachea, or bronchus. The result from the model that produces the higher probability of causation at the upper 99th percentile credibility limit is reported as the probability of causation result of record for the claim. NIOSH-IREP Version 5.5 also incorporates a bias correction factor for random errors in dosimetry for those energy workers who had not smoked cigarettes (\"never smokers\") and who were exposed to radon. This correction was previously applied to smokers, but had been inadvertently omitted for never smokers. These changes may result in the Department of Labor (DOL) calculating higher probability of causation determinations for select cases of cancer of the lung, trachea, or bronchus among previously decided and current EEOICPA cancer claims. The changes cannot result in any lower probability of causation determinations. Although this change to the NIOSH-IREP lung cancer risk model took effect February 28, 2006, NIOSH will fully consider all comments received regarding this change and may reconsider this change or consider further revisions to the lung cancer risk model based on public comment.","action":"Notice for public comment; change to a scientific element underlying the determination of probability of causation under the Energy Employees Occupational Illness Compensation Program Act of 2000.","agencies":[{"raw_name":"DEPARTMENT OF HEALTH AND HUMAN SERVICES","name":"Health and Human Services Department","id":221,"url":"https://www.federalregister.gov/agencies/health-and-human-services-department","json_url":"https://www.federalregister.gov/api/v1/agencies/221","parent_id":null,"slug":"health-and-human-services-department"},{"raw_name":"Centers for Disease Control and Prevention","name":"Centers for Disease Control and Prevention","id":44,"url":"https://www.federalregister.gov/agencies/centers-for-disease-control-and-prevention","json_url":"https://www.federalregister.gov/api/v1/agencies/44","parent_id":221,"slug":"centers-for-disease-control-and-prevention"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2006/03/24/E6-4314.html","cfr_references":[],"citation":"71 FR 14896","comment_url":null,"comments_close_on":"2006-05-23","correction_of":null,"corrections":[],"dates":"NIOSH must receive public comments on this change on or before May 23, 2006.","disposition_notes":null,"docket_ids":[],"dockets":[],"document_number":"E6-4314","effective_on":null,"end_page":14897,"executive_order_notes":null,"executive_order_number":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2006/03/24/E6-4314.xml","html_url":"https://www.federalregister.gov/documents/2006/03/24/E6-4314/national-institute-for-occupational-safety-and-health-changes-to-the-niosh-irep-lung-cancer-risk","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/E6-4314?publication_date=2006-03-24","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2006-03-24/E6-4314/mods.xml","not_received_for_publication":null,"page_length":2,"page_views":{"count":36,"last_updated":"2026-10-24 00:15:05 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2006-03-24/pdf/E6-4314.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":null,"publication_date":"2006-03-24","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2006/03/24/E6-4314.txt","regulation_id_number_info":{},"regulation_id_numbers":[],"regulations_dot_gov_info":{"checked_regulationsdotgov_at":"2011-11-12T18:57:19Z"},"regulations_dot_gov_url":null,"significant":null,"signing_date":null,"start_page":14896,"subtype":null,"title":"National Institute for Occupational Safety and Health; Changes to the NIOSH-IREP Lung Cancer Risk Model Under the Energy Employees Occupational Illness Compensation Program Act of 2000","toc_doc":"Lung cancer risk model; probability of causation determination; guideline change; comment request","toc_subject":"Energy Employees Occupational Illness Compensation Program Act of 2000:","topics":[],"type":"Notice","volume":71}