[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Pages 13628-13676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5732]
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Part II
Department of Justice
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28 CFR Part 79
Civil Division; Claims Under the Radiation Exposure Compensation Act
Amendments of 2000; Amendments Contained in the 21st Century Department
of Justice Appropriations Authorization Act of 2002; Final Rule
Federal Register / Vol. 69, No. 56 / Tuesday, March 23, 2004 / Rules
and Regulations
[[Page 13628]]
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DEPARTMENT OF JUSTICE
28 CFR Part 79
[Docket No. CIV101F; AG Order No. 2711-2004]
RIN 1105-AA75
Civil Division; Claims Under the Radiation Exposure Compensation
Act Amendments of 2000; Amendments Contained in the 21st Century
Department of Justice Appropriations Authorization Act of 2002
AGENCY: Civil Division, Department of Justice.
ACTION: Final rule.
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SUMMARY: The Department of Justice (``the Department'') revises its
existing regulations implementing the Radiation Exposure Compensation
Act (``the Act'' or ``RECA''), to reflect changes to RECA contained in
two legislative enactments: the Radiation Exposure Compensation Act
Amendments of 2000 (``2000 Amendments''), enacted on July 10, 2000; and
the 21st Century Department of Justice Appropriations Authorization Act
(``Appropriations Authorization Act''), enacted on November 2, 2002.
After enactment of the 2000 Amendments, the Department published
two related rulemakings in the Federal Register to implement the
legislation. The first, a final rule published on August 7, 2002,
reflected technical changes to the Act made by the 2000 Amendments. The
second, also published on August 7, 2002, was a proposed rule
implementing those changes in the 2000 Amendments that required public
notice and comment. Since publication of these two rulemakings, the
Appropriations Authorization Act was passed; that legislation required
modification to both the final and proposed rules. Therefore, this
rulemaking accomplishes two essential tasks: discusses comments
received regarding the ``proposed'' rule and reflects relevant changes
made by the Department in connection with those comments; and
incorporates technical revisions to the rule in order to implement the
Appropriations Authorization Act.
DATES: Effective date: April 22, 2004. This final rule will apply to
all claims pending with the Radiation Exposure Compensation Act Program
(``Program'') as of this date.
FOR FURTHER INFORMATION CONTACT: Gerard W. Fischer (Assistant
Director), (202) 616-4090, and Dianne S. Spellberg (Senior Counsel),
(202) 616-4129.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2000, the RECA Amendments of 2000 were enacted,
providing expanded coverage to individuals who developed one of the
diseases specified in the Act following exposure to radiation related
to the Federal Government's atmospheric nuclear weapons program or as a
result of employment in the uranium production industry. Pub. L. 106-
245. On August 7, 2002, the Attorney General published two related
rulemakings implementing the 2000 Amendments: (1) A final rule (67 FR
51422) adopting the technical revisions contained in the 2000
Amendments by providing conforming amendments that incorporated the
legislative language; and (2) a proposed rulemaking (67 FR 51440)
setting forth amendments that primarily addressed compensation for two
new claimant categories: uranium millers and individuals employed in
the transport of uranium ore or vanadium-uranium ore. Comments were
received over a period of 60 days, ending on October 7, 2002. In
response to several requests from the public for additional time, the
comment period was reopened on November 27, 2002, for an additional 60-
day period ending on January 27, 2003.
On November 2, 2002, the President signed the 21st Century
Department of Justice Appropriations Authorization Act, Pub. L. 107-
273. Section 11007 of the Act makes additional changes to RECA that
include: re-inserting a ``downwinder'' area; clarifying the medical
eligibility criteria; providing an alternative radiation exposure
standard for uranium miners; and correcting drafting errors contained
in the 2000 Amendments.
Accordingly, in conjunction with the comments received on the
proposed rule, this rulemaking: describes the expanded population of
eligible uranium mine workers created by lowering the radiation
exposure threshold for miners; identifies the new uranium worker
states; includes provisions for compensation to ``aboveground'' miners;
sets forth employment eligibility criteria for the new claimant
categories (millers and ore transporters); describes the documentation
required to establish proof of employment in a uranium mine or mill or
as an ore transporter; describes the medical documentation necessary to
establish the existence of renal cancer and chronic renal disease; and
revises the provision concerning attorney representation of claimants
before the Department of Justice with respect to claims brought under
the Act.
Also, in order to implement the technical changes contained in the
Appropriations Authorization Act, this rule incorporates the following
revisions to the regulation: inserts a portion of Mohave County,
Arizona, previously covered under RECA and erroneously stricken from
the 2000 Amendments, as a radiation-affected area for ``downwinder''
claimants; clarifies the requirement that lung cancer be ``primary''
for all claimant categories; adds a duration of employment standard as
an alternative to a minimum radiation exposure standard for uranium
miners; amends the documentation required to establish lung cancer for
uranium miner, miller, and ore transporter claimants; and makes other
minor revisions consistent with the Appropriations Authorization Act.
Discussion of Changes and Comments Related to the 2000 Amendments
Following publication of the proposed regulations, the Department
received nearly 50 letters, some containing more than one comment
regarding the proposed amendments. Commenters included both interested
individuals and organizations. Most of the comments were positive,
supporting the proposed changes, and praising what one commenter
asserted was the Department's ``thoughtful'' approach. Other commenters
suggested changes to medical provisions that were subsequently amended
by enactment of the Appropriations Authorization Act. Specifically,
these commenters noted that the medical criteria for establishing a
diagnosis of lung cancer required the submission of documentation
relevant to establishing a different type of illness, namely, a
nonmalignant respiratory disease. Furthermore, some commenters
requested clarification on whether a diagnosis of ``lung cancer''
(added by the 2000 Amendments as one of the new specified diseases for
downwinders and onsite participants) must be ``primary'' in order to
establish eligibility for compensation. Again, the Appropriations
Authorization Act addressed this issue and clarified that a diagnosis
of ``lung cancer'' must be ``primary'' in order to establish
eligibility for compensation. Lastly, several commenters requested
other technical changes that have subsequently been remedied by
enactment of the Appropriations Authorization Act, or were contained in
the 2000 Amendments.
The Department carefully reviewed all of the comments, several of
which resulted in changes to the proposed rule. Some of the comments
requested edits to the text for purposes of
[[Page 13629]]
clarification; other suggested changes were more substantive. For
example, comments submitted by the National Institute for Occupational
Safety and Health (NIOSH), relating to the interpretation of pulmonary
function tests (PFTs) for purposes of establishing a diagnosis of a
nonmalignant respiratory disease, have prompted two substantive changes
in the final rule. These changes will bring the PFT testing criteria in
step with the guidelines provided by the American Thoracic Society as
set forth in its most recent publication ``Lung Function Testing:
Selection of Reference Values and Interpretative Strategies.'' The
Department is certain these changes will ensure a more equitable
treatment of claims in a manner consistent with current scientific
standards.
In regard to other substantive changes, the Department met with two
renal specialists to discuss the diagnostic criteria claimants are
required to satisfy to prove chronic renal disease. The physicians
reviewed the proposed criteria, made suggestions, provided guidance,
and shared their specialized expertise in this area. In addition, they
provided useful medical and scientific information. The final rule
reflects many of the recommendations of those specialists as well as
suggestions received by several commenters.
Below are summaries and discussions of the comments received
related to the proposed regulations, which have been organized
according to content. Minor or technical issues are not discussed.
In some cases, commenters suggested that the Department incorporate
certain regulatory provisions that would alter statutory requirements
relating to the criteria for compensation. For example, several
commenters suggested that the regulations include additional
compensable diseases and illnesses. Some argued that the covered
illnesses for uranium millers and ore transporters should be identical
to those illnesses specified for uranium miners. The regulations,
however, cannot expand upon the list of diseases set forth in the
statute. With respect to those comments requesting changes that would
require legislative modification, the Department has no discretion in
the matter. The implementing regulations must reflect the statutory
limitations. Stated simply, the Department cannot modify a statute by
regulation.
Subpart E--Uranium Miners
Section 79.40 Scope of Subpart
Several commenters requested that the ``exploratory stage of
uranium mining'' be included for compensation and that the scope of the
subpart therefore be broadened to include ``exploratory drillers'' or
``core drillers.'' Under the Act's uranium miner provisions,
compensation is available to an ``individual . . . employed in a
uranium mine . . . and [who] was a miner exposed to at least 40 or more
working level months of radiation or worked for at least 1 year during
the [designated time] period.'' 42 U.S.C. 2210 (note), Sec. 5(a)(1).
The first issue to consider is whether core drillers were ``employed in
a uranium mine.'' The Act defines a uranium mine as any ``underground
excavation . . . or other aboveground mines, where uranium ore or
vanadium-uranium ore was mined or otherwise extracted.'' Id. at Sec.
5(b)(7). Core drillers, however, did not work ``in'' uranium mines so
much as ``at'' prospective sites where uranium deposits were generally
located. The purpose of core drilling was to determine whether uranium
ore existed in a given location and to determine whether the content of
that ore was metallurgically significant to make it useful or
marketable. The intent was not to ``mine'' the uranium, but to test or
sample half-dollar size ``cores'' for suitable uranium-rich locations.
If any ore-rich sites were located, uranium miners could then extract
the ore. Some core drillers may never have come into contact with
uranium ore. Others who were successful did not typically stay to mine
the site. Rather, the core drillers routinely left such sites in order
to explore new ones.
The crux of the argument to include core drillers is that they
``extracted'' ore by drilling core samples from a site, and while not
technically ``miners,'' they nonetheless engaged in the same broad type
of work (extraction) and should therefore be eligible for compensation.
The Act's provisions, however, require an individual to be
``employed in a uranium mine'' as a ``miner.'' While the work performed
by core drillers was crucial to the success of the uranium production
industry, these individuals were not employed in a uranium mine nor
were they considered to be miners, and commenters did not generally
claim otherwise. For example, one commenter advocating the expansion of
this subpart to include core drillers implicitly recognized that core
drillers were not employed in a uranium mine when he suggested changing
the scope of the subpart to cover those employed ``in or around a
uranium mine.'' The plain language of the Act clearly describes the
requirements for satisfying the definition of ``miner.'' Extracting
uranium ore from within a mine is one of the strict definitional limits
that cannot be expanded by regulation.
For all of these reasons, broadening the scope of this subpart to
include ``exploratory'' work would not be consistent with the terms of
the Act. We note, however, that a core driller who is able to establish
that he worked ``in a uranium mine'' as a ``miner'' may satisfy the
eligibility criteria.
Section 79.41 Definitions
Section 79.41(d) Fibrosis of the Lung or Pulmonary Fibrosis; See Also
79.51(e), 79.61(f)
One commenter correctly noted that since enactment of the 2000
Amendments, individuals establishing proof of fibrosis of the lung or
pulmonary fibrosis are no longer required to demonstrate evidence of
``impairment.'' The definition of ``fibrosis of the lung or pulmonary
fibrosis'' in the proposed rule inadvertently required proof of
impairment and this error has been corrected in the final rule.
Prior to the 2000 Amendments, the medical documentation protocol
contained in the regulations required the submission of either
pulmonary function tests or arterial blood gas studies--both of which
demonstrated evidence of impairment. The 2000 Amendments, however,
eliminated this requirement. While individuals may provide such
evidence, submission of pulmonary function tests or arterial blood gas
studies is no longer mandatory. The Act now provides a broader range of
diagnostic evidence that individuals may submit to establish the
existence of fibrosis of the lung or pulmonary fibrosis. The final rule
revises the definition of ``fibrosis of the lung or pulmonary
fibrosis'' accordingly.
Section 79.41(m) Uranium Mine
One commenter asked whether compensation was available for those
miners who worked aboveground doing tasks such as stock piling ore and
operating loaders (dump trucks). Those activities would be considered
aboveground mining activities. In the 2000 Amendments, Congress
expanded the definition of a uranium mine to include ``aboveground''
mines. The Department has incorporated this expanded definition into
these regulations. Thus, miners employed in aboveground mines may be
eligible for compensation so long as they satisfy other eligibility
criteria.
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Section 79.41(p) Written Diagnosis by a Physician; See Also 79.51(s)
and 79.61(s)
One commenter requested clarification regarding the requirement
that a physician submitting a written diagnosis of a nonmalignant
respiratory disease in the case of a living claimant under Sec. 79.46
must be employed by the Indian Health Service, the Department of
Veterans Affairs, or be certified by a state medical board.
Specifically, the commenter questions what the phrase ``certified by a
state medical board'' means. There are several tiers of credentials
that physicians may acquire. As an initial requirement, physicians
practicing in the United States must be licensed by one (or more)
states. Licensing requirements are written into state law, and vary
slightly from state to state. The Federation of State Medical Boards
maintains a listing of every physician's licensure status. In addition
to being a licensed physician, many physicians obtain additional
training, typically called ``residency,'' in a specialized field. After
successful completion of a residency training program, and other
requirements that vary from one specialty to another, a physician may
become ``Board Certified'' by passing the Board exam in his or her
chosen specialty. The Act requires that a written diagnosis of a
nonmalignant respiratory disease be made by a ``board certified
physician.'' 42 U.S.C. 2210 (note), Sec. 5(c)(1)(B)(ii). This
requirement must, therefore, be satisfied by Board certification in a
relevant specialty. The Department has accordingly revised the final
rule in order to clarify this requirement and ensure that the
regulatory provision is consistent with the Act.
Section 79.44 Proof of Working Level Month Exposure to Radiation and
Proof of Employment for at Least One Year
One commenter requested that language be inserted in this section
to explain that in addition to any other material that may be used to
substantiate the claimant's uranium mining employment history for
purposes of determining working level months, an affidavit may be
submitted under certain circumstances. While the limited use of
affidavits is described in Sec. 79.4, the Department concurs with the
commenter and relevant language has been inserted in the regulation
under this section.
Section 79.45 Proof of Lung Cancer
One commenter noted that the term ``primary'' had been omitted from
this section and requested that it be reinserted to avoid confusion.
The Act defines ``lung cancer,'' for purposes of subparts E, F, and G,
as ``any physiological condition of the lung, trachea, or bronchus that
is recognized as lung cancer by the National Cancer Institute.'' 42
U.S.C. 2210 (note), Sec. 5(b)(6). The National Cancer Institute uses
the term ``lung cancer'' to describe a cancer with a primary origin in
the lung. The requested changes to this subsection and several
corresponding changes in subparts E, F, and G have been made to clearly
reflect the requirement that a diagnosis of primary lung cancer must be
established to satisfy the eligibility criteria.
Section 79.46 Proof of Nonmalignant Respiratory Disease; See Also 79.55
and 79.65
One commenter suggested inserting the words ``reproducible'' and
``time/volume'' in describing the three tracings required on a
pulmonary function test. These suggestions are consistent with American
Thoracic Society (ATS) standards, and accurately describe the recorded
tracings that are required to demonstrate the claimant's pulmonary
function.
The same commenter noticed that the word ``restrictive'' was added
to the descriptions of lung function and pulmonary function tests
(PFTs) in all relevant provisions of the regulation. The commenter
argues that inclusion of this word would disqualify those claimants
filing under the Act's uranium worker provisions who suffer from
``obstructive'' lung disease. The addition of the term ``restrictive''
with respect to lung function was one of the many legislative changes
contained in the 2000 Amendments. See 42 U.S.C. 2210 (note), Sec.
5(b)(5)(B)(iv). Its inclusion in the regulation reflects conformity
with the Act. That being said, this provision will not result in the
disqualification of all claimants diagnosed with obstructive lung
disease who may have previously qualified. The measure of a claimant's
``forced expiratory volume in one second'' (FEV-1), which is an
indicator of obstructive lung disease, remains one of the testing
variables that is used as part of the diagnostic protocol.
Additionally, those claimants with obstructive lung disease may submit
one of the other forms of medical documentation listed in Sec.
79.46(d)(3)(ii) in lieu of pulmonary function tests.
The National Institute for Occupational Safety and Health (NIOSH)
submitted a comment suggesting that the Department discontinue the use
of a fixed value (presently 80% of the predicted value) for determining
evidence of restrictive or obstructive lung disease from a pulmonary
function test. Instead, NIOSH recommends using the ``lower limit of
normal,'' rather than a fixed percentage of the predicted value, as
this would be consistent with the standards articulated by the ATS.
Specifically, when determining the existence and severity of impairment
from a pulmonary function test, the ATS recommends the use of the
lowest 5% of the reference population to establish the lower limit of
normal and recommends against using a fixed percentage value.
Accordingly, the Department has amended the standard set forth in the
regulations at Appendix A, under which a pulmonary function test is
determined to be demonstrative of restrictive or obstructive lung
disease. This rule, at Sec. 79.46(d)(3)(ii)(D), provides that a forced
vital capacity (FVC) or FEV-1 value will be interpreted as
demonstrating evidence of restrictive or obstructive lung disease if
the value shown is equal to or below the lower limit of normal. The use
of the lower limit of normal rather than a fixed percentage value is in
keeping with ATS standards and will ensure a more scientifically sound
measurement for determining the presence and extent of lung function
abnormality demonstrated by pulmonary function testing.
NIOSH also raised concerns regarding use of the specific reference
values contained in the pulmonary function tables for determining
whether a PFT demonstrates evidence of restrictive lung disease. The
Department had been using the predicted spirometry values provided in a
study conducted by Knudson, et al. ``Changes in the Normal Maximal
Expiratory Flow-Volume Curve with Growth and Aging.'' NIOSH recommends
against the continued use of the reference values provided by the
Knudson study. These values were developed strictly from Caucasian
subjects and did not take into consideration race and ethnicity.
Consequently, other ethnic groups, such as Mexican Americans and Native
Americans, who have been shown to have different spirometric reference
values, are not represented by the Knudson study. NIOSH instead
recommends the use of the reference values provided in the study
conducted by Hankinson, et al. ``Spirometric Reference Values from a
Sample of the General U.S. Population,'' as this study differentiates
between reference values for Caucasians, African Americans, and Mexican
Americans. This recommendation is consistent with ATS standards.
Accordingly, the Department
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has amended the pulmonary function tables found at Appendix A to
reflect the reference values provided in the Hankinson study.
It is noted, however, that the Hankinson study does not include
reference values for Native Americans, an ethnic group that comprises a
large percentage of the claimants filing under the uranium worker
provisions of the Act. Consequently, the Department has determined that
it would be appropriate to incorporate reference values specific to
Native Americans in the pulmonary function tables. Scientifically
reliable reference values specific to Native Americans may be found in
the study conducted by Crapo, et al. ``Normal Spirometric Values in
Healthy American Indians.'' Accordingly, the pulmonary function tables
at Appendix A have been amended to include the reference values found
in the Crapo study as well as those found in the Hankinson study. The
Department has decided that these changes will provide reference values
consistent with ATS's recommendation to consider factors of race and
ethnicity.
Subpart F--Uranium Millers
Section 79.53 Proof of Employment as a Miller
One commenter asserted that the use of affidavits to establish
employment as a miller (and as an ore transporter under Sec. 79.63(c))
was included in the 2000 Amendments. The 2000 Amendments, however, only
extended the use of affidavits for a limited purpose. The Act provides:
``in addition to any other material that may be used to substantiate
employment history for purposes of determining working level months, an
individual filing a claim under those procedures may make such a
substantiation by means of an affidavit described in subparagraph
(B).'' 42 U.S.C. 2210 (note). This provision does not pertain to
millers or ore transporters because such claimants are not required to
demonstrate exposure to working level months of radiation. The relevant
regulatory provision concerning affidavits (Sec. 79.4) simply adopts
the Act's language regarding the limited submission of affidavits for
purposes of determining working level months and, as such, does not
permit the use of affidavits by co-workers to substantiate employment
as a miller or ore transporter.
Section 79.55 Proof of Nonmalignant Respiratory Disease
One commenter, a physician from the Indian Health Service, noted
specific concerns found in three identical provisions at Sec. Sec.
79.46(d)(3)(ii)(A)(2); 79.55(d)(3)(ii)(A)(2); and 79.65(d)(3)(ii)(A)(2)
of the proposed rule. These provisions reflected language contained in
the statute at 42 U.S.C. 2210 (note), Sec. 5(c)(2)(B). The statutory
provision, although under the heading entitled ``Chest x-rays,''
involved the conclusiveness of evidence that would be afforded to a
written diagnosis made by a physician of a nonmalignant respiratory
disease. The ``Supplementary Information'' section of the proposed rule
discussed the apparent confusion concerning the Act's text: ``The
proposed rule does not independently address the provisions concerning
conclusive evidence in section 5(c)(2)(B) of the Act, because that
section is substantially identical to section 5(c)(1)(B) and appears to
have been included in the 2000 Amendments in error. The Department
requests public comments on whether the regulations should accord any
additional, independent effect to section 5(c)(2)(B).'' 67 FR 51441
(Aug. 7, 2002). After further review, the Department has decided to
delete those regulatory provisions purporting to implement section
5(c)(2)(B) of the Act. The Department has concluded that section
5(c)(2)(B) of the Act does not relate to the interpretation of chest x-
rays and that any attempt to link the statutory provision to chest x-
rays would be contrary to the plain meaning of the Act. As described in
section 5(b)(5)(B), chest x-rays must be interpreted by a maximum of
two NIOSH certified B readers. As such, section 5(c)(2)(B) has no
relevance to the interpretation of chest x-rays and is merely
repetitive of section 5(c)(1)(B), which addresses the conclusiveness to
be afforded a written diagnosis made by a physician.
Section 79.57 Proof of Chronic Renal Disease; See Also 79.67
Several commenters noted that the most common cause of chronic
renal failure is diabetes. Diabetes occurs in approximately 10% of the
entire population; it occurs in approximately 20% to 30% of the Native
American population. A commenter from the Indian Health Service noted
that the exclusion of diabetic individuals may dramatically affect the
population of Navajo patients where the diabetes prevalence is quite
high in comparison to Caucasian patients. Other commenters, including
one from St. Mary's Saccomanno Research Center, suggested further study
of the relationship between diabetes or diabetic nephropathy and
chronic renal disease. After further review of this section, the
Department has determined that diabetic claimants should not be treated
differently than other claimants for purposes of establishing chronic
renal disease. Rather, in evaluating all claims involving chronic renal
disease, the Department will examine the relevant medical documentation
and evaluate whether claimants developed chronic renal disease
following employment as a miller or ore transporter. See Sec. Sec.
79.52(c) and 79.62(c). Consequently, if any claimant, whether diabetic
or not, suffered from chronic renal disease prior to employment as a
miller or ore transporter, he or she would not be eligible for
compensation.
Subpart G--Ore Transporters
Section 79.61 Definitions
Section 79.61(e) Employment as an Ore Transporter
One commenter argued that all aboveground miners who moved or
carried uranium ore at a mine should be considered ``ore
transporters.'' The regulations, however, may not collapse separate
statutorily designated claimant categories. The statute provides that
uranium miners, employed in an aboveground uranium mine, are eligible
for compensation. See 42 U.S.C. 2210 (note), Sec. 5(a)(1) and Sec.
5(b)(7). However, the statute requires that, to receive compensation as
an ore transporter, an individual must be ``employed in the transport
of uranium ore or vanadium-uranium ore from such mine or mill.'' Id. at
5(a)(1)(A)(i). It is plain from this language that ore transporters are
those individuals who transported ore away from a mine or mill rather
than transported ore within a mine or mill. It would be inconsistent
with the plain meaning of the Act for every individual who worked
aboveground at the mine surface moving or carrying uranium ore to be
considered an ore transporter. Consequently, those individuals employed
in aboveground uranium mining activities will be considered aboveground
miners for purposes of determining eligibility under the Act.
Several commenters asked whether mechanics, mine road maintenance
workers, and other shop workers would be classified as ore
transporters. While the definitions of miner, miller, and ore
transporter are drafted broadly, the extension of coverage to
mechanics, mine road maintenance workers, and other shop workers would
not be consistent with the Act. As reviewed above, ore transporters
include individuals ``employed in the transport of uranium ore or
vanadium-uranium ore'' from a mine or mill. See 42 U.S.C. 2210 (note),
Sec. 5(a)(1)(A)(i).
[[Page 13632]]
Section 79.74 Representatives and Fees
One commenter expressed the view that claimants and beneficiaries
should have the ``option'' of hiring an attorney or filing by
themselves. Nothing in the Act or regulations makes attorney
representation mandatory. The regulatory provision provides: ``In
submitting and presenting a claim to the Program, a claimant or
beneficiary may, but need not, be represented by an attorney or by a
representative of an Indian Tribe or tribal organization.'' Sec.
79.74(a) (emphasis added). In fact, a majority of all claimants do not
retain counsel, and most have successfully established their
eligibility for compensation. The Program strives to provide assistance
to claimants in obtaining documents to establish eligibility criteria.
Another commenter asserted that the monetary penalty of $5,000 for
attorneys who charge in excess of the Act's fee limitations is too low
and that such attorneys should also be disqualified from filing RECA
claims. The Department notes that the penalty for attorneys who charge
in excess of the Act's fee arrangement is specified in Section 9(c) of
the Act. The relevant regulatory provision (Sec. 79.74(b)(3)) merely
implements this statutory mandate.
In the event a claimant elects to retain an attorney, it is
important to the Department that only duly qualified attorneys be
permitted to assist RECA claimants. The attorney must be an active
member in good standing of the bar of the highest court of the state, 5
U.S.C. 500(b), which provides assurance that an attorney will be
subject to oversight and disciplinary rules that will best guarantee
faithful, ethical, and adequate representation of claimants and
beneficiaries. In addition, the final regulation requires an attorney
to submit a signed representation agreement, retainer agreement, fee
agreement, or contract to the Department, authorizing the attorney to
represent the claimant or beneficiary and acknowledging that the Act's
fee limitations are satisfied.
One commenter stated that the following language from the
``Supplementary Information'' section of the proposed rule was
confusing: ``The Department has determined generally not to permit non-
attorneys to represent claimants and beneficiaries before the
Program.'' 67 FR 51441 (Aug. 7, 2002). Based on this language, the
commenter requested whether he could, as a non-attorney, represent
claimants before the Department for RECA benefits. The Department is of
the view that claimants and beneficiaries would be best served by
relying on the expertise and legal training of attorneys in cases where
such claimants and beneficiaries determine it would be beneficial to
use the services of a representative. The Department has revised this
section in the final regulation in order to clarify the issue regarding
non-attorney representation and the prohibition against permitting non-
attorneys to engage in the unauthorized practice of law. The final
regulation provides that non-attorneys (other than representatives of
an Indian Tribe or tribal organization) are not permitted to represent
claimants or beneficiaries before the Program.
Two commenters objected, however, to allowing representatives of an
Indian Tribe or tribal organization to assist RECA claimants before the
Department. One of the commenters argued that the Department is
attempting to regulate non-lawyers, which would be outside the scope of
the Act and constitute an inappropriate expansion of the statute.
Actually, this exception to the rule prohibiting non-attorneys from
representing claimants and beneficiaries before the Department is
consistent with the Act's directive, contained in section 6(d)(5),
which provides: ``Native American considerations. Any procedures under
this subsection shall take into consideration and incorporate, to the
fullest extent feasible, Native American law, tradition, and custom
with respect to the submission and processing of claims by Native
Americans.'' Refusing to allow representatives of Indian Tribes and
tribal organizations to assist claimants and beneficiaries would fail
to recognize the important role such tribal representatives
traditionally play in representing claimants. These representatives
have specialized knowledge and expertise with respect to the language,
culture, and familial relationships of claimants. Such claimants would
be unnecessarily disenfranchised without assistance from these
representatives. Moreover, these services to members of Indian Tribes
are provided by formally constructed organizations of the tribal
government. These organizations are accountable to tribal authorities
for responsibly fulfilling its duties in assisting claimants.
Another commenter expressed confusion regarding the relevant fee
structure when an attorney hires assistants or experts to work on a
particular claim or claims. The ``Supplementary Information'' section
at the beginning of the proposed rule explains: ``An attorney
representative may hire, and make use of experts, aids, paralegals, and
other persons who are not attorneys. The use of such assistants and
experts, however, will not affect the fee limitations specified in the
Act and in this proposed rule, which establish an overall limitation on
the total amount of fees that a representative, along with his or her
assistants and experts, may receive.'' 67 FR 51441 (Aug. 7, 2002).
Accordingly, if an attorney is entitled to a 2% fee in the event of a
successful claim, then the 2% fee limitation applies to the total
amount paid to the attorney and any assistants, such as experts, aids,
or paralegals, he or she has hired to work on the claimant's behalf.
Several commenters argued that if ``costs'' must be absorbed by the
attorney, regardless of the claim's outcome, this will have the
unintended effect of prohibiting many deserving claimants from being
able to document their claims. These commenters proposed that this
section be amended so that the statutory fee limitations imposed on the
payment that the attorney may receive for services rendered do not
apply to reimbursement for certain costs and expenses that the attorney
incurs. In particular, commenters urged that certain costs, including
those costs incurred to obtain necessary medical testing specified in
the Act, be reimbursable to the attorney. They also argued that
attorneys will not take claims that may not succeed because they cannot
afford to absorb the costs associated with preparing claims that are
denied. Finally, the commenters speculated that failure to reimburse
costs will result in a reduced number of attorneys willing to assist
claimants, which will then create a subsequent increase in the number
of denied claims due to lack of proper documentation.
In regard to the issue of costs, the Department gave a great deal
of consideration to the arguments asserted. Looking to the Act, section
9(a) provides: ``Notwithstanding any contract, the representative of an
individual may not receive, for services rendered in connection with
the claim of an individual under this Act [this note], more than that
percentage specified in subsection (b) of a payment made under this Act
on such claim.'' (Emphasis added.) The Department construes the Act's
plain language as including costs within the term ``services
rendered.'' Because the costs of obtaining records are indispensable to
providing legal services for RECA claimants, it is reasonable and
practical to consider those costs as part of the ``services rendered in
connection with a
[[Page 13633]]
claim of an individual under this Act.'' In determining eligibility,
the Department conducts a pure record review of each claim submitted.
The process is non-adversarial, there is no formal discovery, nor are
there court appearances or other ``judicial'' procedures involved in
pursuing a claim. Obtaining and submitting the documentation necessary
to substantiate a claim is a large part of the ``service'' rendered to
a client. Although most attorneys who submit claims perform valuable
services, documentation is often gathered by the Department on behalf
of claimants even in instances where the claimant has attorney
representation. In nearly every uranium worker claim, regardless of
whether there is attorney representation, the Department reviews the
information supplied on the claim form (work history information for
uranium worker or onsite participant claimants), then searches its
database to confirm an individual's employment or contacts another
agency for verification. For other claims, when a specified cancer
diagnosis is reported on the claim form, the Department contacts the
relevant state cancer registry to confirm the diagnosis. In some
instances, sometimes for valid reason, claims filed by attorneys
contain very little supporting documentation. To reimburse attorneys
for costs in addition to the maximum statutory attorney fee will reduce
the claimant's share of the award, many times without justification.
With respect to the argument that fewer attorneys will be willing
to assist claimants given the limitation on reimbursement of costs, the
Department has taken a close look at the actual statistics for claims
filed by attorneys under the Act. Since enactment of the 2000
Amendments on July 10, 2000, claims filed by attorneys have decreased
by less than 3%, too small an amount from which to infer a reduction in
access to legal services. Moreover, the rate of approved claims during
this period has increased from approximately 50% to more than 75%,
reflecting the elimination of many hurdles to compensation that existed
prior to the 2000 Amendments. The Department therefore is not convinced
that claimants will be unable to find qualified legal assistance in
filing their claims.
The Department has revised Sec. 79.74(b)(3)(ii) of the rule by
striking language applying the higher attorney fee limit (10%) to
claims administratively appealed to the designated Appeals Officer
pursuant to Sec. 79.73 of these regulations. Also stricken is the
application of the higher fee for actions for review filed in United
States District Court. It is the Department's position that the plain
meaning of a ``resubmission of a denied claim'' as provided in section
9(b)(2)(B) of the Act includes only those instances where a claim,
previously denied by the Program, is resubmitted or re-filed with the
Program. This revision is consistent with section 8(b) of the Act,
permitting a claimant who has been denied compensation the opportunity
to ``resubmit a claim for consideration by the Attorney General in
accordance with this Act not more than three times.'' Considering both
these sections together, the interpretation of the language contained
in section 9 is clear. The ``resubmission of a denied claim,'' for
which an attorney would be entitled (if the claim is successful) to the
higher attorney fee, is limited specifically to those claims, after
having been denied by the Program, that are subsequently re-filed with
the Program.
Regarding the text of the rule generally, the Department received
other technical or administrative comments suggesting minor edits to
the text. These comments were carefully considered and in many
instances, the textual edits were adopted. In some cases, however, the
Department declined to make the requested edits because they were
inconsistent with the terms of the Act.
Discussion of Final Changes Related to the Appropriations Authorization
Act
This rule amends the list of compensable ``downwinder''
geographical areas to include a portion of Mohave County, Arizona,
located north of the Grand Canyon. This geographical area, previously
compensable under the original Radiation Exposure Compensation Act, was
erroneously stricken as a compensable area under the 2000 Amendments
and has been reinserted by the Appropriations Authorization Act.
The rule also clarifies the requirement that lung cancer be
``primary'' for all claimant categories. The 2000 Amendments added
``lung cancer'' as a covered disease for downwinder and onsite
participant claimants. It was unclear whether this illness had to be
diagnosed as ``primary'' for purposes of compensation of these
claimants. The Appropriations Authorization Act clarified this issue by
including ``lung cancer'' within the list of primary cancers for
downwinders and onsite participants, the onset of which must have
occurred at least five years after first exposure.
In addition, this rule allows a uranium miner to satisfy the
radiation exposure requirement by demonstrating at least 12 months of
employment in uranium mining as an alternative to satisfying a
radiation level exposure standard. The 2000 Amendments added miller and
ore transporters as new claimant categories and required that they
satisfy a 12-month duration of employment standard; however, the 2000
Amendments did not extend this method of establishing exposure to
uranium miners. The Appropriations Authorization Act remedies this
disparity among the uranium worker claimants.
This rule also removes the statutory requirement that written
medical documentation relevant to establishing a nonmalignant
respiratory disease also be provided to establish lung cancer in the
case of living claimants. The 2000 Amendments required identical forms
of medical evidence to establish proof of a nonmalignant respiratory
disease and lung cancer. Because of the recognizable differences
between these two illnesses, however, it was difficult for those
individuals diagnosed with lung cancer to satisfy this requirement. The
Appropriations Authorization Act remedies the problem caused by this
apparent draftsmanship error and eliminates the requirement that living
claimants diagnosed with lung cancer submit the same medical
documentation as claimants with a nonmalignant respiratory disease. The
rule reflects this change.
Finally, the Appropriations Authorization Act strikes restrictive
language requiring new uranium mining states to contain an ``Atomic
Energy Commission'' uranium mine in order to be eligible for coverage;
the rule incorporates this change as well.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it
certifies that this regulation will not have a significant economic
impact on a substantial number of small entities for the following
reason: The claimant population benefited by these regulations is
limited to individuals who developed a specified illness following
exposure to radiation related to the Federal Government's atmospheric
nuclear weapons program or as a result of employment in the uranium
production industry. The regulations set forth eligibility criteria
that claimants must satisfy in order to receive compensation. They will
have no impact on small businesses.
[[Page 13634]]
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b),
Principles of Regulation. The compensation payments provided for by the
Radiation Exposure Compensation Act, the 2000 Amendments, and the
Appropriations Authorization Act and implemented by this rule will
exceed $100,000,000 a year for several years. Because of the aggregate
size of these payments to eligible individuals, the Office of
Management and Budget has determined that this rule is ``economically
significant'' as defined by section 3(f)(1) of Executive Order 12866.
Accordingly, this rule has been reviewed by OMB.
This rule will not adversely affect the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities. Rather, the RECA system is an administrative compensation
program that serves to provide payments to individuals who meet the
eligibility requirements of the Act and implementing regulations.
Accordingly, qualifying individuals receive monetary compensation for
certain diseases they developed following exposure to radiation under
the conditions set forth in the rule.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
The compensation payments provided for by the Radiation Exposure
Compensation Act, the 2000 Amendments, and the Appropriations
Authorization Act and implemented by this rule will exceed $100,000,000
a year for several years. Because of the aggregate size of these
payments to eligible individuals, the Office of Management and Budget
has determined that this rule is a ``major rule'' as defined by section
251 of the Small Business Regulatory Enforcement Fairness Act of 1996,
5 U.S.C. 804.
However, this rule will not result in a major increase in costs or
prices or have significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based companies to compete with foreign-based companies in
domestic and export markets. Rather, the RECA system is an
administrative compensation program that serves to provide payments to
individuals who meet the eligibility requirements of the Act and
implementing regulations. Accordingly, qualifying individuals receive
monetary compensation for certain diseases they developed following
exposure to radiation under the conditions set forth in the rule.
Further, this rule merely conforms Department regulations to the
Appropriations Authorization Act, makes other technical changes, and
following a period of public notice and comment, implements the 2000
Amendments with respect to the two new claimant categories. For the
foregoing reasons, the Department finds that it would be unnecessary
and contrary to the public interest for the effectiveness of this rule
to be deferred for the time specified by 5 U.S.C. 801. Accordingly, the
Department invokes the exception allowed by 5 U.S.C. 808 and determines
that this rule should take effect on April 22, 2004, as set forth above
in the DATES section.
Paperwork Reduction Act
Information collection associated with this regulation has been
approved by the Office of Management and Budget under the provisions of
the Paperwork Reduction Act of 1995. The OMB control number for this
collection is 1105-0052.
List of Subjects in 28 CFR Part 79
Administrative practice and procedure, Authority delegations
(Government agencies), Cancer, Claims, Radiation Exposure Compensation
Act, Radioactive materials, Reporting and recordkeeping requirements,
Uranium, Uranium mining.
0
Accordingly, Part 79 of Chapter I of Title 28 of the Code of Federal
Regulations is revised to read as follows:
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT
Subpart A--General
Sec.
79.1 Purpose.
79.2 General definitions.
79.3 Compensable claim categories under the Act.
79.4 Determination of claims and affidavits.
79.5 Requirements for medical documentation, contemporaneous
records, and other records or documents.
Subpart B--Eligibility Criteria for Claims Relating to Leukemia
79.10 Scope of subpart.
79.11 Definitions.
79.12 Criteria for eligibility for claims relating to leukemia.
79.13 Proof of physical presence for the requisite period and proof
of participation onsite during a period of atmospheric nuclear
testing.
79.14 Proof of initial exposure prior to age 21.
79.15 Proof of onset of leukemia more than two years after first
exposure.
79.16 Proof of medical condition.
Subpart C--Eligibility Criteria for Claims Relating to Certain
Specified Diseases Contracted After Exposure in an Affected Area
(``Downwinders'')
79.20 Scope of subpart.
79.21 Definitions.
79.22 Criteria for eligibility for claims relating to certain
specified diseases contracted after exposure in an affected area
(``downwinders'').
79.23 Proof of physical presence for the requisite period.
79.24 Proof of initial or first exposure after age 20 for claims
under Sec. 79.22(b)(1).
79.25 Proof of onset of leukemia at least two years after first
exposure, and proof of onset of a specified compensable disease more
than five years after first exposure.
79.26 Proof of medical condition.
79.27 Indication of the presence of hepatitis B or cirrhosis.
Subpart D--Eligibility Criteria for Claims by Onsite Participants
79.30 Scope of subpart.
79.31 Definitions.
79.32 Criteria for eligibility for claims by onsite participants.
79.33 Proof of participation onsite during a period of atmospheric
nuclear testing.
79.34 Proof of medical condition.
79.35 Proof of onset of leukemia at least two years after first
exposure, and proof of onset of a specified compensable disease more
than five years after first exposure.
79.36 Indication of the presence of hepatitis B or cirrhosis.
[[Page 13635]]
Subpart E--Eligibility Criteria for Claims by Uranium Miners
79.40 Scope of subpart.
79.41 Definitions.
79.42 Criteria for eligibility for claims by miners.
79.43 Proof of employment as a miner.
79.44 Proof of working level month exposure to radiation.
79.45 Proof of primary lung cancer.
79.46 Proof of nonmalignant respiratory disease.
Subpart F--Eligibility Criteria for Claims by Uranium Millers
79.50 Scope of subpart.
79.51 Definitions.
79.52 Criteria for eligibility for claims by uranium millers.
79.53 Proof of employment as a miller.
79.54 Proof of primary lung cancer.
79.55 Proof of nonmalignant respiratory disease.
79.56 Proof of primary renal cancer.
79.57 Proof of chronic renal disease.
Subpart G--Eligibility Criteria for Claims by Ore Transporters
79.60 Scope of subpart.
79.61 Definitions.
79.62 Criteria for eligibility for claims by ore transporters.
79.63 Proof of employment as an ore transporter.
79.64 Proof of primary lung cancer.
79.65 Proof of nonmalignant respiratory disease.
79.66 Proof of primary renal cancer.
79.67 Proof of chronic renal disease.
Subpart H--Procedures
79.70 Attorney General's delegation of authority.
79.71 Filing of claims.
79.72 Review and resolution of claims.
79.73 Appeals procedures.
79.74 Representatives and attorney's fees.
79.75 Procedures for payment of claims.
Appendix A to Part 79--FVC and FEV-1 Lower Limits of Normal Values
Appendix B to Part 79--Blood Gas Study Tables
Appendix C to Part 79--Radiation Exposure Compensation Act Offset
Worksheet--On Site Participants
Authority: Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat.
920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501
and sec. 11007, Pub. L. 107-273, 116 Stat. 1758 (42 U.S.C. 2210
note; 5 U.S.C. 500(b)).
Subpart A--General
Sec. 79.1 Purpose.
The purpose of the regulations in this part is to implement the
Radiation Exposure Compensation Act (``Act''), as amended by the
Radiation Exposure Compensation Act Amendments of 2000 (``2000
Amendments'') and by the 21st Century Department of Justice
Appropriations Authorization Act (``Appropriations Authorization
Act''). The Act authorizes the Attorney General of the United States to
establish procedures for making certain payments to qualifying
individuals who contracted one of the diseases listed in the Act. The
amount of each payment and a general statement of the qualifications
are indicated in Sec. 79.3(a). The procedures established in this part
are designed to utilize existing records so that claims can be resolved
in a reliable, objective, and non-adversarial manner, quickly and with
little administrative cost to the United States or to the person filing
the claim.
Sec. 79.2 General definitions.
(a) Act means the Radiation Exposure Compensation Act, Public Law
101-426, as amended by sections 3139 and 3140 of Public Law 101-510,
the Radiation Exposure Compensation Act Amendments of 2000, Public Law
106-245 (see 42 U.S.C. 2210 note), and the 21st Century Department of
Justice Appropriations Authorization Act, Public Law 107-273.
(b) Child means a recognized natural child of the claimant, a
stepchild who lived with the claimant in a regular parent-child
relationship, or an adopted child of the claimant.
(c) Claim means a petition for compensation under the Act filed
with the Radiation Exposure Compensation Program by a claimant or by
his or her eligible surviving beneficiary or beneficiaries.
(d) Claimant means the individual, living or deceased, who is
alleged to satisfy the criteria for compensation set forth either in
section 4 or in section 5 of the Act.
(e) Contemporaneous record means any document created at or around
the time of the event that is recorded in the document.
(f) Eligible surviving beneficiary means a spouse, child, parent,
grandchild or grandparent who is entitled under section 6(c)(4)(A) or
(B) of the Act to file a claim or receive a payment on behalf of a
deceased claimant.
(g) Grandchild means a child of a child of the claimant.
(h) Grandparent means a parent of a parent of the claimant.
(i) Immediate family member of a person means a spouse or child if
the person is an adult; but if the person is a minor, immediate family
member means a parent.
(j) Indian Tribe means any Indian Tribe, band, nation, pueblo, or
other organized group or community that is recognized as eligible for
special programs and services provided by the United States to Indian
Tribes.
(k) Medical document, documentation, or record means any
contemporaneous record of any physician, hospital, clinic, or other
certified or licensed health care provider, or any other records
routinely and reasonably relied on by physicians in making a diagnosis.
(l) Onset or incidence of a specified compensable disease means the
date a physician first diagnosed the disease.
(m) Parent means the natural or adoptive father or mother of the
claimant.
(n) Program or Radiation Exposure Compensation Program means the
component of the Constitutional and Specialized Torts Litigation
Section of the Torts Branch of the Civil Division of the United States
Department of Justice designated by the Attorney General to execute the
powers, duties, and responsibilities assigned to the Attorney General
pursuant to pertinent provisions of the Act.
(o) Spouse means a wife or husband who was married to the claimant
for a period of at least one (1) year immediately before the death of
the claimant.
(p) Tribal organization means any formally organized group or other
entity that is chartered, registered or sponsored by an Indian Tribe to
perform duties for an Indian Tribe and is accountable for its actions
to the tribal government.
(q) Trust Fund or Fund means the Radiation Exposure Compensation
Trust Fund in the Department of the Treasury, administered by the
Secretary of the Treasury pursuant to section 3 of the Act.
Sec. 79.3 Compensable claim categories under the Act.
(a) In order to receive a compensation payment, each claimant or
eligible surviving beneficiary must establish that the claimant meets
each and every criterion of eligibility for at least one of the
following compensable categories designated in the Act:
(1) Claims of leukemia. (i) For persons exposed to fallout from the
atmospheric detonation of nuclear devices at the Nevada Test Site due
to their physical presence in an affected area during a designated time
period, the amount of compensation is $50,000.
(ii) For persons exposed to fallout from the atmospheric detonation
of nuclear devices due to their participation onsite in a test
involving the atmospheric detonation of a nuclear device, the amount of
compensation is $75,000. The regulations governing these claims are set
forth in subpart B of this part.
(2) Claims related to the Nevada Test Site fallout. For persons who
contracted
[[Page 13636]]
certain specified diseases after being exposed to fallout from the
atmospheric detonation of nuclear devices at the Nevada Test Site due
to their physical presence in an affected area during a designated time
period, the amount of compensation is $50,000. The regulations
governing these claims are set forth in subpart C of this part.
(3) Claims of onsite participants. For persons who contracted
certain specified diseases after onsite participation in the
atmospheric detonation of a nuclear device, the amount of compensation
is $75,000. The regulations governing these claims are set forth in
subpart D of this part.
(4) Miners' claims. For persons who contracted lung cancer or
certain nonmalignant respiratory diseases after being employed in
uranium mines located in specified states during the designated time
period who were exposed to a specified minimum level of radiation
during the course of their employment or worked for at least one year
(12 consecutive or cumulative months) in a uranium mine in specified
states during the designated time period, the amount of compensation is
$100,000. The regulations governing these claims are set forth in
subpart E of this part.
(5) Millers' claims. For persons who contracted lung cancer,
certain nonmalignant respiratory diseases, renal cancer, or chronic
renal disease (including nephritis and kidney tubal tissue injury)
following employment for at least one year (12 consecutive or
cumulative months) in a uranium mill in specified states during the
designated time period, the amount of compensation is $100,000. The
regulations governing these claims are set forth in subpart F of this
part.
(6) Ore transporters' claims. For persons who contracted lung
cancer, certain nonmalignant respiratory diseases, renal cancer, or
chronic renal disease (including nephritis and kidney tubal tissue
injury) following employment for at least one year (12 consecutive or
cumulative months) as a transporter of uranium ore or vanadium-uranium
ore from a uranium mine or uranium mill located in specified states
during the designated time period, the amount of compensation is
$100,000. The regulations governing these claims are set forth in
subpart G of this part.
(b) Any claim that does not meet all the criteria for at least one
of these categories, as set forth in paragraph (a) of this section,
must be denied.
(c) All claims for compensation under the Act must comply with the
claims procedures and requirements set forth in subpart H of this part
before any payment can be made from the Fund.
Sec. 79.4 Determination of claims and affidavits.
(a) The claimant, eligible surviving beneficiary, or beneficiaries
bear the burden of providing evidence of the existence of each element
necessary to establish eligibility under any compensable claim category
set forth in Sec. 79.3(a).
(b) In the event that reasonable doubt exists with regard to
whether a claim meets the requirements of the Act, that doubt shall be
resolved in favor of the claimant or eligible surviving beneficiary.
(c) Written affidavits or declarations, subject to penalty for
perjury, will be accepted only for the following purposes:
(1) To establish eligibility of family members as set forth in
Sec. 79.71(e), (f), (g), (h), or (i);
(2) To establish other compensation received as set forth in Sec.
79.75(c) or (d);
(3) To establish employment in a uranium mine, mill or as an ore
transporter on the standard claim form in the manner set forth in
Sec. Sec. 79.43(d), 79.53(d) and 79.63(d), respectively; and
(4) To substantiate the claimant's uranium mining employment
history for purposes of determining working level months of radiation
exposure by providing the types of information set forth in Sec.
79.43(d), so long as the affidavit or declaration:
(i) Is provided in addition to any other material that may be used
to substantiate the claimant's employment history as set forth in Sec.
79.43;
(ii) Is made subject to penalty for perjury;
(iii) Attests to the employment history of the claimant; and
(iv) Is made by a person other than the individual filing the
claim.
Sec. 79.5 Requirements for medical documentation, contemporaneous
records, and other records or documents.
(a) All medical documentation, contemporaneous records, and other
records or documents submitted by a claimant or eligible surviving
beneficiary to prove any criterion provided for in this part must be
originals, or certified copies of the originals, unless it is
impossible to obtain an original or certified copy of the original. If
it is impossible for a claimant to provide an original or certified
copy of an original, the claimant or eligible surviving beneficiary
must provide a written statement with the uncertified copy setting
forth the reason why it is impossible to provide an original or a
certified copy of an original.
(b) All documents submitted by a claimant or eligible surviving
beneficiary must bear sufficient indicia of authenticity or a
sufficient guarantee of trustworthiness. The Program shall not accept
as proof of any criterion of eligibility any document that does not
bear sufficient indicia of authenticity, or is in such a physical
condition, or contains such information, that otherwise indicates the
record or document is not reliable or trustworthy. When a record or
document is not accepted by the Program under this section, the
claimant or eligible surviving beneficiary shall be notified and
afforded the opportunity to submit additional documentation in
accordance with Sec. 79.72(b) or (c).
(c) To establish eligibility the claimant or eligible surviving
beneficiary may be required to provide additional records to the extent
they exist. Nothing in this section shall be construed to limit the
Assistant Director's (specified in Sec. 79.70(a)) ability to require
additional documentation.
Subpart B--Eligibility Criteria for Claims Relating to Leukemia
Sec. 79.10 Scope of subpart.
The regulations in this subpart describe the criteria for
eligibility for compensation under section 4(a)(1) of the Act and the
evidence that will be accepted as proof of the various eligibility
criteria. Section 4(a)(1) of the Act provides for a payment of $50,000
to individuals exposed to fallout from the detonation of atmospheric
nuclear devices at the Nevada Test Site due to their physical presence
in an affected area during a designated time period and who later
developed leukemia, and $75,000 to individuals who participated onsite
in a test involving the atmospheric detonation of a nuclear device and
who later developed leukemia.
Sec. 79.11 Definitions.
(a) Affected area means one of the following geographical areas, as
they were recognized by the state in which they are located, as of July
10, 2000:
(1) In the State of Utah, the counties of Beaver, Garfield, Iron,
Kane, Millard, Piute, San Juan, Sevier, Washington, and Wayne;
(2) In the State of Nevada, the counties of Eureka, Lander,
Lincoln, Nye, White Pine, and that portion of Clark County that
consists of townships 13 through 16 at ranges 63 through 71;
(3) In the State of Arizona, the counties of Coconino, Yavapai,
Navajo,
[[Page 13637]]
Apache, Gila, and that part of Arizona that is north of the Grand
Canyon.
(b) Atmospheric detonation of a nuclear device means only a test
conducted by the United States prior to January 1, 1963, as listed in
Sec. 79.31(d).
(c) Designated time period means the period beginning on January
21, 1951, and ending on October 31, 1958, or the period beginning on
June 30, 1962, and ending on July 31, 1962, whichever is applicable.
(d) First exposure or initial exposure means the date on which the
claimant was first physically present in the affected area during the
designated time period, or the date on which the claimant first
participated onsite in an atmospheric detonation of a nuclear device,
whichever is applicable.
(e) Leukemia means any medically recognized form of acute or
chronic leukemia other than chronic lymphocytic leukemia.
(f) Onsite means physical presence above or within the official
boundaries of any of the following locations:
(1) The Nevada Test Site (NTS), Nevada;
(2) The Pacific Test Sites (Bikini Atoll, Enewetak Atoll, Johnston
Island, Christmas Island, the test site for the shot during Operation
Wigwam, the test site for Shot Yucca during Operation Hardtack I, and
the test sites for Shot Frigate Bird and Shot Swordfish during
Operation Dominic I) and the official zone around each site from which
non-test affiliated ships were excluded for security and safety
purposes;
(3) The Trinity Test Site (TTS), New Mexico;
(4) The South Atlantic Test Site for Operation Argus and the
official zone around the site from which non-test affiliated ships were
excluded for security and safety purposes;
(5) Any designated location within a Naval Shipyard, Air Force
Base, or other official government installation where ships, aircraft,
or other equipment used in an atmospheric nuclear detonation were
decontaminated; or
(6) Any designated location used for the purpose of monitoring
fallout from an atmospheric nuclear test conducted at the Nevada Test
Site.
(g) Participant means an individual--
(1) Who was:
(i) A member of the armed forces;
(ii) A civilian employee or contract employee of the Manhattan
Engineer District, the Armed Forces Special Weapons Project, the
Defense Atomic Support Agency, the Defense Nuclear Agency, or the
Department of Defense or its components or agencies or predecessor
components or agencies;
(iii) An employee or contract employee of the Atomic Energy
Commission, the Energy Research and Development Administration, or the
Department of Energy;
(iv) A member of the Federal Civil Defense Administration or the
Office of Civil and Defense Mobilization; or
(v) A member of the United States Public Health Service; and
(2) Who:
(i) Performed duties within the identified operational area around
each atmospheric detonation of a nuclear device;
(ii) Participated in the decontamination of any ships, planes, or
equipment used during the atmospheric detonation of a nuclear device;
(iii) Performed duties as a cloud tracker or cloud sampler;
(iv) Served as a member of the garrison or maintenance forces on
the atoll of Enewetak between June 21, 1951, and July 1, 1952; between
August 7, 1956, and August 7, 1957; or between November 1, 1958, and
April 30, 1959; or
(v) Performed duties as a member of a mobile radiological safety
team monitoring the pattern of fallout from an atmospheric detonation
of a nuclear device.
(h) Period of atmospheric nuclear testing means any of the periods
associated with each test operation specified in Sec. 79.31(d), plus
an additional six-month period thereafter.
(i) Physically present (or physical presence) means present (or
presence) for a substantial period of each day.
Sec. 79.12 Criteria for eligibility for claims relating to leukemia.
To establish eligibility for compensation under this subpart, a
claimant or eligible surviving beneficiary must establish each of the
following:
(a)(1) That the claimant was physically present at any place within
the affected area for a period of at least one year (12 consecutive or
cumulative months) during the period beginning on January 21, 1951, and
ending on October 31, 1958;
(2) That the claimant was physically present at any place within
the affected area for the entire, continuous period beginning on June
30, 1962, and ending on July 31, 1962; or
(3) That the claimant was present onsite at any time during a
period of atmospheric nuclear testing and was a participant during that
period in the atmospheric detonation of a nuclear device;
(b) That after such period of physical presence or onsite
participation the claimant contracted leukemia;
(c) That the claimant's initial exposure occurred prior to age 21;
and
(d) That the onset of the leukemia occurred more than two years
after the date of the claimant's first exposure to fallout.
Sec. 79.13 Proof of physical presence for the requisite period and
proof of participation onsite during a period of atmospheric nuclear
testing.
(a) Proof of physical presence may be made by the submission of any
trustworthy contemporaneous record that, on its face or in conjunction
with other such records, establishes that the claimant was present in
the affected area for the requisite period during the designated time
period. Examples of such records include:
(1) Records of the federal government (including verified
information submitted for a security clearance), any tribal government,
or any state, county, city or local governmental office, agency,
department, board or other entity, or other public office or agency;
(2) Records of any accredited public or private educational
institution;
(3) Records of any private utility licensed or otherwise approved
by any governmental entity, including any such utility providing
telephone services;
(4) Records of any public or private library;
(5) Records of any state or local historical society;
(6) Records of any religious organization;
(7) Records of any regularly conducted business activity or entity;
(8) Records of any recognized civic or fraternal association or
organization; and
(9) Medical records created during the designated time period.
(b) Proof of physical presence by contemporaneous records may also
be made by submission of original postcards and envelopes from letters
(not copies) addressed to the claimant or an immediate family member
during the designated time period that bear a postmark and a cancelled
stamp(s).
(c) The Program will presume that an individual who resided or was
employed on a full-time basis within the affected area was physically
present during the time period of residence or full-time employment.
(d) For purposes of establishing eligibility under Sec.
79.12(a)(1), the Program will presume that proof of a claimant's
residence at one or more addresses or proof of full-time employment at
one location within the affected area on any two dates less than three
years apart during the period beginning on January 21, 1951, and ending
on October 31, 1958, establishes the claimant's presence within the
[[Page 13638]]
affected area for the period between the two dates reflected in the
documentation submitted as proof of presence.
(e) For purposes of establishing eligibility under Sec.
79.12(a)(1), the Program will presume that proof of residence at one or
more addresses or proof of full-time employment at one location within
the affected area on two dates, one of which is before January 21,
1951, and another of which is within the specified time period,
establishes the claimant's presence in the affected area between
January 21, 1951, and the date within the specified time period,
provided the dates are not more than three years apart.
(f) For purposes of establishing eligibility under Sec.
79.12(a)(1), the Program will presume that proof of residence at one or
more addresses or proof of full-time employment at one location within
the affected area on two dates, one of which is after October 31, 1958,
and another of which is within the specified time period, establishes
the claimant's presence in the affected area between the date within
the specified time period and October 31, 1958, provided the dates are
not more than three years apart.
(g) For purposes of establishing eligibility under Sec.
79.12(a)(2), the Program will presume that proof of residence or proof
of full-time employment within the affected area at least one day
during the period beginning June 30, 1962, and ending July 31, 1962,
and proof of residence or proof of full-time employment at the same
address or location within six months before June 30, 1962, and six
months after July 31, 1962, establishes the claimant's physical
presence for the necessary one-month-and-one-day period.
(h) For purposes of establishing eligibility under Sec.
79.12(a)(2), the Program will presume that proof of residence or full-
time employment at the same address or location on two separate dates
at least 14 days apart within the time period beginning June 30, 1962,
and ending July 31, 1962, establishes the claimant's physical presence
for the necessary one-month-and-one-day period.
(i) For purposes of establishing eligibility under Sec.
79.12(a)(3), the claimant must establish, in accordance with Sec.
79.33, that he or she participated onsite in the atmospheric detonation
of a nuclear device.
Sec. 79.14 Proof of initial exposure prior to age 21.
(a) Proof of the claimant's date of birth must be established by
the submission of any of the following:
(1) Birth certificate;
(2) Baptismal certificate;
(3) Tribal records; or
(4) Hospital records of birth.
(b) Absent any indication to the contrary, the Program will assume
that the earliest date within the designated time period indicated on
any records accepted by the Program as proof of the claimant's physical
presence in the affected area or participation during a period of
atmospheric nuclear testing was also the date of initial exposure.
Sec. 79.15 Proof of onset of leukemia more than two years after first
exposure.
The Program will presume that the date of onset was the date of
diagnosis as indicated in the medical documentation accepted by the
Program as proof of the claimant's leukemia. The date of onset must be
more than two years after the date of first exposure as determined
under Sec. 79.14(b).
Sec. 79.16 Proof of medical condition.
(a) Medical documentation is required in all cases to prove that
the claimant suffered from or suffers from leukemia. Proof that the
claimant contracted leukemia must be made either by using the procedure
outlined in paragraph (b) of this section or by submitting the
documentation required in paragraph (c) of this section.
(b) If a claimant was diagnosed as having leukemia in Arizona,
Colorado, Nevada, New Mexico, Utah or Wyoming, the claimant or eligible
surviving beneficiary need not submit any medical documentation of
disease at the time the claim is filed (although medical documentation
may subsequently be required). Instead, the claimant or eligible
surviving beneficiary must submit with the claim an Authorization To
Release Medical and Other Information, valid in the state of diagnosis,
that authorizes the Program to contact the appropriate state cancer or
tumor registry. The Program will accept as proof of medical condition
verification from the state cancer or tumor registry that it possesses
medical records or abstracts of medical records of the claimant that
contain a verified diagnosis of one type of leukemia. If the designated
state does not possess medical records or abstracts of medical records
that contain a verified diagnosis of leukemia, the Radiation Exposure
Compensation Program will notify the claimant or eligible surviving
beneficiary and afford that individual the opportunity to submit the
medical documentation required in paragraph (c) of this section, in
accordance with the provisions of Sec. 79.72(b).
(c)(1) Proof that the claimant contracted leukemia may be made by
the submission of one or more of the following contemporaneous medical
records provided that the specified document contains an explicit
statement of diagnosis or such other information or data from which
appropriate authorities at the National Cancer Institute can make a
diagnosis of leukemia to a reasonable degree of medical certainty:
(i) Bone marrow biopsy or aspirate report;
(ii) Peripheral white blood cell differential count report;
(iii) Autopsy report;
(iv) Hospital discharge summary;
(v) Physician summary report;
(vi) History and physical report; or
(vii) Death certificate, provided that it is signed by a physician
at the time of death.
(2) If the medical record submitted does not contain sufficient
information or data to make such a diagnosis, the Program will notify
the claimant or eligible surviving beneficiary and afford that
individual the opportunity to submit additional medical records
identified in this paragraph, in accordance with the provisions of
Sec. 79.72(b). Any such additional medical documentation submitted
must also contain sufficient information from which appropriate
authorities at the National Cancer Institute can determine the type of
leukemia contracted by the claimant.
Subpart C--Eligibility Criteria for Claims Relating to Certain
Specified Diseases Contracted After Exposure in an Affected Area
(``Downwinders'')
Sec. 79.20 Scope of subpart.
The regulations in this subpart describe the criteria for
eligibility for compensation under sections 4(a)(2) (A) and (B) of the
Act and the evidence that will be accepted as proof of the various
eligibility criteria. Sections 4(a)(2) (A) and (B) of the Act provide
for a payment of $50,000 to individuals who were exposed to fallout
from the atmospheric detonation of nuclear devices at the Nevada Test
Site due to their physical presence in an affected area during a
designated time period and who later developed one or more specified
compensable diseases.
Sec. 79.21 Definitions.
(a) The definitions listed in Sec. 79.11 (a) through (e) and (i)
apply to this subpart.
[[Page 13639]]
(b) Indication of disease means any medically significant
information that suggests the presence of a disease, whether or not the
presence of the disease is later confirmed.
(c) Leukemia, chronic lymphocytic leukemia, multiple myeloma,
lymphomas, Hodgkin's disease, primary cancer of the thyroid, primary
cancer of the male breast, primary cancer of the female breast, primary
cancer of the esophagus, primary cancer of the stomach, primary cancer
of the pharynx, primary cancer of the small intestine, primary cancer
of the pancreas, primary cancer of the bile ducts, primary cancer of
the gallbladder, primary cancer of the salivary gland, primary cancer
of the urinary bladder, primary cancer of the brain, primary cancer of
the colon, primary cancer of the ovary, primary cancer of the liver,
and primary cancer of the lung mean the physiological conditions that
are recognized by the National Cancer Institute under those names or
nomenclature, or under any previously accepted or commonly used names
or nomenclature.
(d) Specified compensable diseases means leukemia (other than
chronic lymphocytic leukemia), provided that initial exposure occurred
after the age of 20 and that the onset of the disease was at least two
years after first exposure, and the following diseases, provided onset
was at least five years after first exposure: multiple myeloma;
lymphomas (other than Hodgkin's disease); and primary cancer of the
thyroid, male or female breast, esophagus, stomach, pharynx, small
intestine, pancreas, bile ducts, gallbladder, salivary gland, urinary
bladder, brain, colon, ovary, liver (except if cirrhosis or hepatitis B
is indicated), or lung.
Sec. 79.22 Criteria for eligibility for claims relating to certain
specified diseases contracted after exposure in an affected area
(``downwinders'').
To establish eligibility for compensation under this subpart, a
claimant or eligible surviving beneficiary must establish each of the
following:
(a)(1) That the claimant was physically present at any place within
the affected area for a period of at least two years (24 consecutive or
cumulative months) during the period beginning on January 21, 1951, and
ending on October 31, 1958; or
(2) That the claimant was physically present at any place within
the affected area for the entire, continuous period beginning on June
30, 1962, and ending on July 31, 1962; and
(b) That after such period of physical presence the claimant
contracted one of the following specified compensable diseases:
(1) Leukemia (other than chronic lymphocytic leukemia), provided
that:
(i) The claimant's initial exposure occurred after the age of 20;
and
(ii) The onset of the disease occurred at least two years after
first exposure;
(2) Multiple myeloma, provided onset occurred at least five years
after first exposure;
(3) Lymphomas, other than Hodgkin's disease, provided onset
occurred at least five years after first exposure;
(4) Primary cancer of the thyroid, provided onset occurred at least
five years after first exposure;
(5) Primary cancer of the male or female breast, provided onset
occurred at least five years after first exposure;
(6) Primary cancer of the esophagus, provided onset occurred at
least five years after first exposure;
(7) Primary cancer of the stomach, provided onset occurred at least
five years after first exposure;
(8) Primary cancer of the pharynx, provided onset occurred at least
five years after first exposure;
(9) Primary cancer of the small intestine, provided onset occurred
at least five years after first exposure;
(10) Primary cancer of the pancreas, provided onset occurred at
least five years after first exposure;
(11) Primary cancer of the bile ducts, provided onset occurred at
least five years after first exposure;
(12) Primary cancer of the gallbladder, provided onset occurred at
least five years after first exposure;
(13) Primary cancer of the salivary gland, provided onset occurred
at least five years after first exposure;
(14) Primary cancer of the urinary bladder, provided onset occurred
at least five years after first exposure;
(15) Primary cancer of the brain, provided onset occurred at least
five years after first exposure;
(16) Primary cancer of the colon, provided onset occurred at least
five years after first exposure;
(17) Primary cancer of the ovary, provided onset occurred at least
five years after first exposure;
(18) Primary cancer of the liver, provided,
(i) Onset occurred at least five years after first exposure;
(ii) There is no indication of the presence of hepatitis B; and
(iii) There is no indication of the presence of cirrhosis; or
(19) Primary cancer of the lung, provided onset occurred at least
five years after first exposure.
Sec. 79.23 Proof of physical presence for the requisite period.
(a) Proof of physical presence for the requisite period may be made
in accordance with the provisions of Sec. 79.13(a) and (b). An
individual who resided or was employed on a full-time basis within the
affected area is presumed to have been physically present during the
time period of residence or full-time employment.
(b) For purposes of establishing eligibility under Sec.
79.22(a)(1), the Program will presume that proof of residence at one or
more addresses or proof of full-time employment at one location within
the affected area on any two dates less than three years apart, during
the period beginning on January 21, 1951, and ending on October 31,
1958, establishes the claimant's presence within the affected area for
the period between the two dates reflected in the documentation
submitted as proof of presence.
(c) For purposes of establishing eligibility under Sec.
79.22(a)(1), the Program will presume that proof of residence at one or
more addresses or proof of full-time employment at one location within
the affected area on two dates, one of which is before January 21,
1951, and another of which is within the specified time period,
establishes the claimant's presence in the affected area between
January 21, 1951, and the date within the specified time period,
provided the dates are not more than three years apart.
(d) For purposes of establishing eligibility under Sec.
79.22(a)(1), the Program will presume that proof of residence at one or
more addresses or proof of full-time employment at one location within
the affected area on two dates, one of which is after October 31, 1958,
and another of which is within the specified time period, establishes
the claimant's presence in the affected area between the date within
the specified time period and October 31, 1958, provided the dates are
not more than three years apart.
(e) For purposes of establishing eligibility under Sec.
79.22(a)(2), the Program will apply the presumptions contained in Sec.
79.13(g) and (h).
Sec. 79.24 Proof of initial or first exposure after age 20 for claims
under Sec. 79.22(b)(1).
(a) Proof of the claimant's date of birth must be established in
accordance with the provisions of Sec. 79.14(a).
(b) Absent any indication to the contrary, the Program will presume
that the earliest date within the designated time period indicated on
any records accepted by the Program as proof of the claimant's physical
presence in the
[[Page 13640]]
affected area was the date of initial or first exposure.
Sec. 79.25 Proof of onset of leukemia at least two years after first
exposure, and proof of onset of a specified compensable disease more
than five years after first exposure.
The date of onset will be the date of diagnosis as indicated in the
medical documentation accepted by the Radiation Exposure Compensation
Program as proof of the claimant's specified compensable disease. The
date of onset must be at least five years after the date of first
exposure as determined under Sec. 79.24(b). In the case of leukemia,
the date of onset must be at least two years after the date of first
exposure.
Sec. 79.26 Proof of medical condition.
(a) Medical documentation is required in all cases to prove that
the claimant suffered from or suffers from any specified compensable
disease. Proof that the claimant contracted a specified compensable
disease must be made either by using the procedure outlined in
paragraph (b) of this section or by submitting the documentation
required in paragraph (c) of this section. (For claims relating to
primary cancer of the liver, the claimant or eligible surviving
beneficiary must also submit the additional medical documentation
prescribed in Sec. 79.27.)
(b) If a claimant was diagnosed as having one of the specified
compensable diseases in Arizona, Colorado, Nevada, New Mexico, Utah or
Wyoming, the claimant or eligible surviving beneficiary need not submit
any medical documentation of disease at the time the claim is filed
(although medical documentation subsequently may be required). Instead,
the claimant or eligible surviving beneficiary may submit with the
claim an Authorization to Release Medical and Other Information, valid
in the state of diagnosis, that authorizes the Program to contact the
appropriate state cancer or tumor registry. The Program will accept as
proof of medical condition verification from the state cancer or tumor
registry that it possesses medical records or abstracts of medical
records of the claimant that contain a verified diagnosis of one of the
specified compensable diseases. If the designated state does not
possess medical records or abstracts of medical records that contain a
verified diagnosis of one of the specified compensable diseases, the
Program will notify the claimant or eligible surviving beneficiary and
afford that individual the opportunity to submit the written medical
documentation required in paragraph (c) of this section, in accordance
with the provisions of Sec. 79.72(b).
(c) Proof that the claimant contracted a specified compensable
disease may be made by the submission of one or more of the
contemporaneous medical records listed in this paragraph, provided that
the specified document contains an explicit statement of diagnosis and
such other information or data from which the appropriate authorities
with the National Cancer Institute can make a diagnosis to a reasonable
degree of medical certainty. If the medical record submitted does not
contain sufficient information or data to make such a diagnosis, the
Program will notify the claimant or eligible surviving beneficiary and
afford that individual the opportunity to submit additional medical
records identified in this paragraph, in accordance with the provisions
of Sec. 79.72(b). The medical documentation submitted under this
section to establish that the claimant contracted leukemia or a
lymphoma must also contain sufficient information from which the
appropriate authorities with the National Cancer Institute can
determine the type of leukemia or lymphoma contracted by the claimant.
Proof of leukemia shall be made by submitting one or more of the
documents listed in Sec. 79.16(c).
(1) Multiple myeloma.
(i) Pathology report of tissue biopsy;
(ii) Autopsy report;
(iii) Report of serum electrophoresis;
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Hematology summary or consultation report;
(D) Medical oncology summary or consultation report; or
(E) X-ray report; or
(v) Death certificate, provided that it is signed by a physician at
the time of death.
(2) Lymphomas.
(i) Pathology report of tissue biopsy;
(ii) Autopsy report;
(iii) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Hematology consultation or summary report; or
(D) Medical oncology consultation or summary report; or
(iv) Death certificate, provided that it is signed by a physician
at the time of death.
(3) Primary cancer of the thyroid.
(i) Pathology report of tissue biopsy or fine needle aspirate;
(ii) Autopsy report;
(iii) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Operative summary report;
(D) Medical oncology summary or consultation report; or
(iv) Death certificate, provided that it is signed by a physician
at the time of death.
(4) Primary cancer of the male or female breast.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Operative report;
(D) Medical oncology summary or consultation report; or
(E) Radiotherapy summary or consultation report;
(iv) Report of mammogram;
(v) Report of bone scan; or
(vi) Death certificate, provided that it is signed by a physician
at the time of death.
(5) Primary cancer of the esophagus.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) Endoscopy report;
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Operative report;
(D) Radiotherapy report; or
(E) Medical oncology consultation or summary report;
(v) One of the following radiological studies:
(A) Esophagram;
(B) Barium swallow;
(C) Upper gastrointestinal (GI) series;
(D) Computerized tomography (CT) scan; or
(E) Magnetic resonance imaging (MRI); or
(vi) Death certificate, provided that it is signed by a physician
at the time of death.
(6) Primary cancer of the stomach.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) Endoscopy or gastroscopy report;
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Operative report;
[[Page 13641]]
(D) Radiotherapy report; or
(E) Medical oncology summary report;
(v) One of the following radiological studies:
(A) Barium swallow;
(B) Upper gastrointestinal (GI) series;
(C) Computerized tomography (CT) series; or
(D) Magnetic resonance imaging (MRI); or
(vi) Death certificate, provided that it is signed by a physician
at the time of death.
(7) Primary cancer of the pharynx.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) Endoscopy report;
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Report of otolaryngology examination;
(D) Radiotherapy summary report;
(E) Medical oncology summary report; or
(F) Operative report;
(v) Report of one of the following radiological studies:
(A) Laryngograms;
(B) Tomograms of soft tissue and lateral radiographs;
(C) Computerized tomography (CT) scan; or
(D) Magnetic resonance imaging (MRI); or
(vi) Death certificate, provided that it is signed by a physician
at the time of death.
(8) Primary cancer of the small intestine.
(i) Pathology report of tissue biopsy;
(ii) Autopsy report;
(iii) Endoscopy report, provided that the examination covered the
duodenum and parts of the jejunum;
(iv) Colonoscopy report, provided that the examination covered the
distal ileum;
(v) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Report of gastroenterology examination;
(D) Operative report;
(E) Radiotherapy summary report; or
(F) Medical oncology summary or consultation report;
(vi) Report of one of the following radiologic studies:
(A) Upper gastrointestinal (GI) series with small bowel follow-
through;
(B) Angiography;
(C) Computerized tomography (CT) scan; or
(D) Magnetic resonance imaging (MRI); or
(vii) Death certificate, provided that it is signed by a physician
at the time of death.
(9) Primary cancer of the pancreas.
(i) Pathology report of tissue biopsy or fine needle aspirate;
(ii) Autopsy report;
(iii) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Radiotherapy summary report; or
(D) Medical oncology summary report;
(iv) Report of one of the following radiographic studies:
(A) Endoscopic retrograde cholangiopancreatography (ERCP);
(B) Upper gastrointestinal (GI) series;
(C) Arteriography of the pancreas;
(D) Ultrasonography;
(E) Computerized tomography (CT) scan; or
(F) Magnetic resonance imaging (MRI); or
(v) Death certificate, provided that it is signed by a physician at
the time of death.
(10) Primary cancer of the bile ducts.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Operative report;
(D) Gastroenterology consultation report; or
(E) Medical oncology summary or consultation report;
(iv) Report of one of the following radiographic studies:
(A) Ultrasonography;
(B) Endoscopic retrograde cholangiography;
(C) Percutaneous cholangiography; or
(D) Computerized tomography (CT) scan; or
(v) Death certificate, provided that it is signed by a physician at
the time of death.
(11) Primary cancer of the gallbladder.
(i) Pathology report of tissue from surgical resection;
(ii) Autopsy report;
(iii) Report of one of the following radiological studies:
(A) Computerized tomography (CT) scan;
(B) Magnetic resonance imaging (MRI); or
(C) Ultrasonography (ultrasound);
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Operative report;
(D) Radiotherapy report; or
(E) Medical oncology summary or report; or
(v) Death certificate, provided that it is signed by a physician at
the time of death.
(12) Primary cancer of the liver.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Medical oncology summary report;
(D) Operative report; or
(E) Gastroenterology report;
(iv) Report of one of the following radiological studies:
(A) Computerized tomography (CT) scan;
(B) Magnetic resonance imaging (MRI); or
(v) Death certificate, provided that it is signed by a physician at
the time of death.
(13) Primary cancer of the lung.
(i) Pathology report of tissue biopsy or resection, including, but
not limited to specimens obtained by any of the following methods:
(A) Surgical resection;
(B) Endoscopic endobronchial or transbronchial biopsy;
(C) Bronchial brushings and washings;
(D) Pleural fluid cytology;
(E) Fine needle aspirate;
(F) Pleural biopsy; or
(G) Sputum cytology;
(ii) Autopsy report;
(iii) Report of bronchoscopy, with or without biopsy;
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Radiotherapy summary report;
(D) Medical oncology summary report; or
(E) Operative report;
(v) Report of one of the following radiology examinations:
(A) Computerized tomography (CT) scan;
(B) Magnetic resonance imaging (MRI);
(C) X-rays of the chest; or
(D) Chest tomograms; or
(vi) Death certificate, provided that it is signed by a physician
at the time of death.
(14) Primary cancer of the salivary gland.
[[Page 13642]]
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) Report of otolaryngology or oral maxillofacial examination;
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Radiotherapy summary report;
(D) Medical oncology summary report; or
(E) Operative report;
(v) Report of one of the following radiology examinations:
(A) Computerized tomography (CT) scan; or
(B) Magnetic resonance imaging (MRI); or
(vi) Death certificate, provided that it is signed by a physician
at the time of death.
(15) Primary cancer of the urinary bladder.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) Report of cytoscopy, with or without biopsy;
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Radiotherapy summary report;
(D) Medical oncology summary report; or
(E) Operative report;
(v) Report of one of the following radiology examinations:
(A) Computerized tomography (CT) scan; or
(B) Magnetic resonance imaging (MRI); or
(vi) Death certificate, provided that it is signed by a physician
at the time of death.
(16) Primary cancer of the brain.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Radiotherapy summary report;
(D) Medical oncology summary report; or
(E) Operative report;
(iv) Report of one of the following radiology examinations:
(A) Computerized tomography (CT) scan;
(B) Magnetic resonance imaging (MRI); or
(C) CT or MRI with enhancement; or
(v) Death certificate, provided that it is signed by a physician at
the time of death.
(17) Primary cancer of the colon.
(i) Pathology report of tissue biopsy;
(ii) Autopsy report;
(iii) Endoscopy report, provided the examination covered the
duodenum and parts of the jejunum;
(iv) Colonoscopy report, provided that the examination covered the
distal ileum;
(v) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Report of gastroenterology examination;
(D) Operative report;
(E) Radiotherapy summary report; or
(F) Medical oncology summary or consultation report;
(vi) Report of one of the following radiologic studies:
(A) Upper gastrointestinal (GI) series with small bowel follow-
through;
(B) Angiography;
(C) Computerized tomography (CT) scan; or
(D) Magnetic resonance imaging (MRI); or
(vii) Death certificate, provided that it is signed by a physician
at the time of death.
(18) Primary cancer of the ovary.
(i) Pathology report of tissue biopsy or surgical resection;
(ii) Autopsy report;
(iii) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Radiotherapy summary report;
(D) Medical oncology summary report; or
(E) Operative report; or
(iv) Death certificate, provided that it is signed by a physician
at the time of death.
Sec. 79.27 Indication of the presence of hepatitis B or cirrhosis.
(a)(1) If the claimant or eligible surviving beneficiary is
claiming eligibility under this subpart for primary cancer of the
liver, the claimant or eligible surviving beneficiary must submit, in
addition to proof of the disease, all medical records pertaining to the
claimant listed below from any hospital, medical facility, or health
care provider that were created within the period six months before and
six months after the date of diagnosis of primary cancer of the liver:
(i) All history and physical examination reports;
(ii) All operative and consultation reports;
(iii) All pathology reports; and
(iv) All physician, hospital, and health care facility admission
and discharge summaries.
(2) In the event that any of the records in paragraph (a)(1) of
this section no longer exist, the claimant or eligible surviving
beneficiary must submit a certified statement by the custodian(s) of
those records to that effect.
(b) If the medical records listed in paragraph (a) of this section,
or information possessed by the state cancer or tumor registries,
indicates the presence of hepatitis B or cirrhosis, the Radiation
Exposure Compensation Program will notify the claimant or eligible
surviving beneficiary and afford that individual the opportunity to
submit other written medical documentation or contemporaneous records
in accordance with Sec. 79.72(b) to establish that in fact there was
no presence of hepatitis B or cirrhosis.
(c) The Program may also require that the claimant or eligible
surviving beneficiary provide additional medical records or other
contemporaneous records, or an authorization to release such additional
medical and contemporaneous records, as may be needed to make a
determination regarding the indication of the presence of hepatitis B
or cirrhosis.
Subpart D--Eligibility Criteria for Claims by Onsite Participants
Sec. 79.30 Scope of subpart.
The regulations in this subpart describe the criteria for
eligibility for compensation under section 4(a)(2)(C) of the Act, and
the evidence that will be accepted as proof of the various eligibility
criteria. Section 4(a)(2)(C) of the Act provides for a payment of
$75,000 to individuals who participated onsite in the atmospheric
detonation of a nuclear device and later developed a specified
compensable disease.
Sec. 79.31 Definitions.
(a) The definitions listed in Sec. 79.11(b), (e), (f), (g), and
(h), and in Sec. 79.21, apply to this subpart.
(b) Atmospheric detonation of a nuclear device means only a test
conducted by the United States prior to January 1, 1963, as listed in
paragraph (d) of this section.
(c) First exposure or initial exposure means the date on which the
claimant first participated onsite in an atmospheric detonation of a
nuclear device.
(d) Period of atmospheric nuclear testing means one of the periods
listed in this paragraph that are associated with each test operation,
plus an additional six-month period thereafter:
[[Page 13643]]
------------------------------------------------------------------------
Event name Date Location
------------------------------------------------------------------------
(1) For Operation Trinity, the period July 16, 1945, through August 6,
1945:
Trinity......................... 07/16/45 Trinity Test Site.
(2) For Operation Crossroads, the period June 28, 1946, through August
31, 1946, for all activities other than the decontamination of ships
involved in Operation Crossroads; the period of atmospheric nuclear
testing for the decontamination of ships involved in Operation
Crossroads shall run from June 28, 1946, through November 30, 1946:
Able............................ 07/01/46 Bikini.
Baker........................... 07/25/46 Bikini.
(3) For Operation Sandstone, the period April 13, 1948, through May
20, 1948:
X-ray.......................... 04/15/48 Enewetak.
Yoke............................ 05/01/48 Enewetak.
Zebra........................... 05/15/48 Enewetak.
(4) For Operation Ranger, the period January 27, 1951, through
February 7, 1951:
Able............................ 01/27/51 Nevada Test Site
(``NTS'').
Baker........................... 01/28/51 NTS.
Easy............................ 02/01/51 NTS.
Baker-2......................... 02/02/51 NTS.
Fox............................. 02/06/51 NTS.
(5) For Operation Greenhouse, the period April 5, 1951, through June
20, 1951, for all activities other than service as a member of the
garrison or maintenance forces on the atoll of Enewetak between June
21, 1951, and July 1, 1952; the period of atmospheric nuclear testing
for service as a member of the garrison or maintenance forces on the
atoll of Enewetak shall run from April 5, 1951, through July 1, 1952:
Dog............................. 04/08/51 Enewetak.
Easy............................ 04/21/51 Enewetak.
George.......................... 05/09/51 Enewetak.
Item............................ 05/25/51 Enewetak.
(6) For Operation Buster-Jangle, the period October 22, 1951, through
December 20, 1951:
Able............................ 10/22/51 NTS.
Baker........................... 10/28/51 NTS.
Charlie......................... 10/30/51 NTS.
Dog............................. 11/01/51 NTS.
Sugar........................... 11/19/51 NTS.
Uncle........................... 11/29/51 NTS.
(7) For Operation Tumbler-Snapper, the period April 1, 1952, through
June 20, 1952:
Able............................ 04/01/52 NTS.
Baker........................... 04/15/52 NTS.
Charlie......................... 04/22/52 NTS.
Dog............................. 05/01/52 NTS.
Easy............................ 05/07/52 NTS.
Fox............................. 05/25/52 NTS.
George.......................... 06/01/52 NTS.
(8) For Operation Ivy, the period October 29, 1952, through December
31, 1952:
Mike............................ 11/01/52 Enewetak.
King............................ 11/16/52 Enewetak.
(9) For Operation Upshot-Knothole, the period March 17, 1953, through
June 20, 1953:
Annie........................... 03/17/53 NTS.
Nancy........................... 03/24/53 NTS.
Ruth............................ 03/31/53 NTS.
Dixie........................... 04/06/53 NTS.
Ray............................. 04/11/53 NTS.
Badger.......................... 04/18/53 NTS.
Simon........................... 04/25/53 NTS.
Encore.......................... 05/08/53 NTS.
Harry........................... 05/19/53 NTS.
Grable.......................... 05/25/53 NTS.
Climax.......................... 06/04/53 NTS.
(10) For Operation Castle, the period February 27, 1954, through May
31, 1954
Bravo........................... 03/01/54 Bikini.
Romeo........................... 03/27/54 Bikini.
Koon............................ 04/07/54 Bikini.
Union........................... 04/26/54 Bikini.
Yankee.......................... 05/05/54 Bikini.
Nectar.......................... 05/14/54 Enewetak.
(11) For Operation Teapot, the period February 18, 1955, through June
10, 1955:
Wasp............................ 02/18/55 NTS.
Moth............................ 02/22/55 NTS.
Tesla........................... 03/01/55 NTS.
Turk............................ 03/07/55 NTS.
Hornet.......................... 03/12/55 NTS.
Bee............................. 03/22/55 NTS.
Ess............................. 03/23/55 NTS.
Apple-1......................... 03/29/55 NTS.
Wasp Prime...................... 03/29/55 NTS.
Ha.............................. 04/06/55 NTS.
Post............................ 04/09/55 NTS.
Met............................. 04/15/55 NTS.
Apple-2......................... 05/05/55 NTS.
Zucchini........................ 05/15/55 NTS.
(12) For Operation Wigwam, the period May 14, 1955, through May 15,
1955:
Wigwam.......................... 05/14/55 Pacific.
(13) For Operation Redwing, the period May 2, 1956, through August 6,
1956, for all activities other than service as a member of the garrison
or maintenance forces on the atoll of Enewetak from August 7, 1956,
through August 7, 1957; the period of atmospheric nuclear testing for
service as a member of the garrison or maintenance forces on the atoll
of Enewetak shall run from May 2, 1956, through August 7, 1957:
Lacrosse........................ 05/05/56 Enewetak.
Cherokee........................ 05/21/56 Bikini.
Zuni............................ 05/28/56 Bikini.
Yuma............................ 05/28/56 Enewetak.
Erie............................ 05/31/56 Enewetak.
Seminole........................ 06/06/56 Enewetak.
Flathead........................ 06/12/56 Bikini.
Blackfoot....................... 06/12/56 Enewetak.
Kickapoo........................ 06/14/56 Enewetak.
Osage........................... 06/16/56 Enewetak.
Inca............................ 06/22/56 Enewetak.
Dakota.......................... 06/26/56 Bikini.
Mohawk.......................... 07/03/56 Enewetak.
Apache.......................... 07/09/56 Enewetak.
Navajo.......................... 07/11/56 Bikini.
Tewa............................ 07/21/56 Bikini.
Huron........................... 07/22/56 Enewetak.
(14) For Operation Plumbbob, the period May 28, 1957, through October
22, 1957:
Boltzmann....................... 05/28/57 NTS.
Franklin........................ 06/02/57 NTS.
Lassen.......................... 06/05/57 NTS.
Wilson.......................... 06/18/57 NTS.
Priscilla....................... 06/24/57 NTS.
Hood............................ 07/05/57 NTS.
Diablo.......................... 07/15/57 NTS.
John............................ 07/19/57 NTS.
Kepler.......................... 07/24/57 NTS.
Owens........................... 07/25/57 NTS.
Stokes.......................... 08/07/57 NTS.
Shasta.......................... 08/18/57 NTS.
Doppler......................... 08/23/57 NTS.
Franklin Prime.................. 08/30/57 NTS.
Smoky........................... 08/31/57 NTS.
Galileo......................... 09/02/57 NTS.
Wheeler......................... 09/06/57 NTS.
Laplace......................... 09/08/57 NTS.
Fizeau.......................... 09/14/57 NTS.
Newton.......................... 09/16/57 NTS.
Whitney......................... 09/23/57 NTS.
Charleston...................... 09/28/57 NTS.
Morgan.......................... 10/07/57 NTS.
(15) For Operation Hardtack I, the period April 26, 1958, through
October 31, 1958, for all activities other than service as a member of
the garrison or maintenance forces on the atoll of Enewetak from
November 1, 1958, through April 30, 1959; the period of atmospheric
nuclear testing for service as a member of the garrison or maintenance
forces on the atoll of Enewetak shall run from April 26, 1958, through
April 30, 1959:
Yucca........................... 04/28/58 Pacific.
Cactus.......................... 05/06/58 Enewetak.
Fir............................. 05/12/58 Bikini.
Butternut....................... 05/12/58 Enewetak.
Koa............................. 05/13/58 Enewetak.
Wahoo........................... 05/16/58 Enewetak.
Holly........................... 05/21/58 Enewetak.
Nutmeg.......................... 05/22/58 Bikini.
Yellowwood...................... 05/26/58 Enewetak.
Magnolia........................ 05/27/58 Enewetak.
Tobacco......................... 05/30/58 Enewetak.
Sycamore........................ 05/31/58 Bikini.
Rose............................ 06/03/58 Enewetak.
Umbrella........................ 06/09/58 Enewetak.
Maple........................... 06/11/58 Bikini.
Aspen........................... 06/15/58 Bikini.
Walnut.......................... 06/15/58 Enewetak.
Linden.......................... 06/18/58 Enewetak.
Redwood......................... 06/28/58 Bikini.
Elder........................... 06/28/58 Enewetak.
Oak............................. 06/29/58 Enewetak.
Hickory......................... 06/29/58 Bikini.
Sequoia......................... 07/02/58 Enewetak.
Cedar........................... 07/03/58 Bikini.
Dogwood......................... 07/06/58 Enewetak.
Poplar.......................... 07/12/58 Bikini.
Scaevola........................ 07/14/58 Enewetak.
Pisonia......................... 07/18/58 Enewetak.
Juniper......................... 07/22/58 Bikini.
Olive........................... 07/23/58 Enewetak.
Pine............................ 07/27/58 Enewetak.
Teak............................ 07/31/58 Johnston Isl.
Qunice.......................... 08/06/58 Enewetak.
Orange.......................... 08/11/58 Johnston Isl.
Fig............................. 08/18/58 Enewetak.
(16) For Operation Argus, the period August 25, 1958, through September
10, 1958:
Argus I......................... 08/27/58 South Atlantic.
Argus II........................ 08/30/58 South Atlantic.
Argus III....................... 09/06/58 South Atlantic.
(17) For Operation Hardtack II, the period September 19, 1958, through
October 31, 1958:
[[Page 13644]]
Eddy............................ 09/19/58 NTS.
Mora............................ 09/29/58 NTS.
Quay............................ 10/10/58 NTS.
Lea............................. 10/13/58 NTS.
Hamilton........................ 10/15/58 NTS.
Dona Ana........................ 10/16/58 NTS.
Rio Arriba...................... 10/18/58 NTS.
Socorro......................... 10/22/58 NTS.
Wrangell........................ 10/22/58 NTS.
Rushmore........................ 10/22/58 NTS.
Sanford......................... 10/26/58 NTS.
De Baca......................... 10/26/58 NTS.
Humboldt........................ 10/29/58 NTS.
Mazama.......................... 10/29/58 NTS.
Santa Fe........................ 10/30/58 NTS.
(18) For Operation Dominic I, the period April 23, 1962, through
December 31, 1962:
Adobe........................... 04/25/62 Christmas Isl.
Aztec........................... 04/27/62 Christmas Isl.
Arkansas........................ 05/02/62 Christmas Isl.
Questa.......................... 05/04/62 Christmas Isl.
Frigate Bird.................... 05/06/62 Pacific.
Yukon........................... 05/08/62 Christmas Isl.
Mesilla......................... 05/09/62 Christmas Isl.
Muskegon........................ 05/11/62 Christmas Isl.
Swordfish....................... 05/11/62 Pacific.
Encino.......................... 05/12/62 Christmas Isl.
Swanee.......................... 05/14/62 Christmas Isl.
Chetco.......................... 05/19/62 Christmas Isl.
Tanana.......................... 05/25/62 Christmas Isl.
Nambe........................... 05/27/62 Christmas Isl.
Alma............................ 06/08/62 Christmas Isl.
Truckee......................... 06/09/62 Christmas Isl.
Yeso............................ 06/10/62 Christmas Isl.
Harlem.......................... 06/12/62 Christmas Isl.
Rinconada....................... 06/15/62 Christmas Isl.
Dulce........................... 06/17/62 Christmas Isl.
Petit........................... 06/19/62 Christmas Isl.
Otowi........................... 06/22/62 Christmas Isl.
Bighorn......................... 06/27/62 Christmas Isl.
Bluestone....................... 06/30/62 Christmas Isl.
Starfish........................ 07/08/62 Johnston Isl.
Sunset.......................... 07/10/62 Christmas Isl.
Pamlico......................... 07/11/62 Christmas Isl.
Androscoggin.................... 10/02/62 Johnston Isl.
Bumping......................... 10/06/62 Johnston Isl.
Chama........................... 10/18/62 Johnston Isl.
Checkmate....................... 10/19/62 Johnston Isl.
Bluegill........................ 10/25/62 Johnston Isl.
Calamity........................ 10/27/62 Johnston Isl.
Housatonic...................... 10/30/62 Johnston Isl.
Kingfish........................ 11/01/62 Johnston Isl.
Tightrope....................... 11/03/62 Johnston Isl.
(19) For Operation Dominic II, the period July 7, 1962, through August
15, 1962:
Little Feller II................ 07/07/62 NTS.
Johnie Boy...................... 07/11/62 NTS.
Small Boy....................... 07/14/62 NTS.
Little Feller I................. 07/17/62 NTS.
(20) For Operation Plowshare, the period July 6, 1962, through July 7,
1962, covering Project Sedan.
------------------------------------------------------------------------
Sec. 79.32 Criteria for eligibility for claims by onsite
participants.
To establish eligibility for compensation under this subpart, a
claimant or eligible surviving beneficiary must establish each of the
following:
(a) That the claimant was present onsite at any time during a
period of atmospheric nuclear testing;
(b) That the claimant was a participant during that period in the
atmospheric detonation of a nuclear device; and
(c) That after such participation, the claimant contracted a
specified compensable disease as set forth in Sec. 79.22(b).
Sec. 79.33 Proof of participation onsite during a period of
atmospheric nuclear testing.
(a) Claimants associated with Department of Defense (DoD)
Components or DoD Contractors. (1) A claimant or eligible surviving
beneficiary who alleges that the claimant was present onsite during a
period of atmospheric nuclear testing as a member of the armed forces
or an employee or contractor employee of the DoD, or any of its
components or agencies, must submit the following information on the
claim form:
(i) The claimant's name;
(ii) The claimant's military service number;
(iii) The claimant's Social Security number;
(iv) The site at which the claimant participated in the atmospheric
detonation of a nuclear device;
(v) The name or number of the claimant's military organization or
unit assignment at the time of his or her onsite participation;
(vi) The dates of the claimant's assignment onsite; and
(vii) As full and complete a description as possible of the
claimant's official duties, responsibilities, and activities while
participating onsite.
(2) A claimant or eligible surviving beneficiary under this section
need not submit any additional documentation of onsite participation
during the atmospheric detonation of a nuclear device at the time the
claim is filed; however, additional documentation may be required as
set forth in paragraph (a)(3) of this section.
(3) Upon receipt under this subpart of a claim that contains the
information set forth in paragraph (a)(1) of this section, the
Radiation Exposure Compensation Program will forward the information to
the DoD and request that the DoD conduct a search of its records for
the purpose of gathering facts relating to the claimant's presence
onsite and participation in the atmospheric detonation of a nuclear
device. If the facts gathered by the DoD are insufficient to establish
the eligibility criteria in Sec. 79.32, the claimant or eligible
surviving beneficiary will be notified and afforded the opportunity to
submit military, government, or business records in accordance with the
procedure set forth in Sec. 79.72(c).
(b) Claimants Associated with the Atomic Energy Commission (AEC) or
the Department of Energy (DOE), or Who Were Members of the Federal
Civil Defense Administration or the Office of Civil and Defense
Mobilization. (1) A claimant or eligible surviving beneficiary who
alleges that the claimant was present onsite during the atmospheric
detonation of a nuclear device as an employee of the AEC, the DOE or
any of their components, agencies or offices, or as an employee of a
contractor of the AEC, or DOE, or as a member of the Federal Civil
Defense Administration or the Office of Civil and Defense Mobilization,
must submit the following information on the claim form:
(i) The claimant's name;
(ii) The claimant's Social Security number;
(iii) The site at which the claimant participated in the
atmospheric detonation of a nuclear device;
(iv) The name or other identifying information associated with the
claimant's organization, unit, assignment, or employer at the time of
the claimant's participation onsite;
(v) The dates of the claimant's assignment onsite; and
(vi) As full and complete a description as possible of the
claimant's official duties, responsibilities, and activities while
participating onsite.
(2) A claimant or eligible surviving beneficiary under this section
need not at the time the claim is filed submit any additional
documentation demonstrating the claimant's presence onsite during the
atmospheric detonation of a nuclear device; however, additional
documentation may
[[Page 13645]]
thereafter be required as set forth in paragraph (b)(3) of this
section.
(3) Upon receipt under this subpart of a claim that contains the
information set forth in paragraph (b)(1) of this section, the
Radiation Exposure Compensation Program will forward the information to
the Nevada Field Office of the Department of Energy (DOE/NV) and
request that the DOE/NV conduct a search of its records for the purpose
of gathering facts relating to the claimant's presence onsite and
participation in the atmospheric detonation of a nuclear device. If the
facts gathered by the DOE/NV are insufficient to establish the
eligibility criteria in Sec. 79.32, the claimant or eligible surviving
beneficiary will be notified and afforded the opportunity to submit
military, government, or business records in accordance with the
procedure set forth in Sec. 79.72(c).
Sec. 79.34 Proof of medical condition.
Proof of medical condition under this subpart will be made in the
same manner and according to the same procedures and limitations as are
set forth in Sec. 79.16 and Sec. 79.26.
Sec. 79.35 Proof of onset of leukemia at least two years after first
exposure, and proof of onset of a specified compensable disease more
than five years after first exposure.
Absent any indication to the contrary, the earliest date of onsite
participation indicated on any records accepted by the Radiation
Exposure Compensation Program as proof of the claimant's onsite
participation will be presumed to be the date of first or initial
exposure. The date of onset will be the date of diagnosis as indicated
on the medical documentation accepted by the Radiation Exposure
Compensation Program as proof of the specified compensable disease.
Proof of the onset of leukemia shall be established in accordance with
Sec. 79.15.
Sec. 79.36 Indication of the presence of hepatitis B or cirrhosis.
Possible indication of hepatitis B or cirrhosis will be determined
in accordance with the provisions of Sec. 79.27.
Subpart E--Eligibility Criteria for Claims by Uranium Miners
Sec. 79.40 Scope of subpart.
The regulations in this subpart define the eligibility criteria for
compensation under section 5 of the Act pertaining to miners, i.e.,
uranium mine workers, and the nature of the evidence that will be
accepted as proof of the various eligibility criteria. Section 5 of the
Act provides for a payment of $100,000 to miners who contracted primary
lung cancer or one of a limited number of nonmalignant respiratory
diseases following exposure to a defined minimum level of radiation
during employment in aboveground or underground uranium mines or
following employment for at least one year in aboveground or
underground uranium mines in specified states during the period
beginning January 1, 1942, and ending December 31, 1971.
Sec. 79.41 Definitions.
(a) Cor pulmonale means heart disease, including hypertrophy of the
right ventricle, due to pulmonary hypertension secondary to fibrosis of
the lung.
(b) Designated time period means the period beginning on January 1,
1942, and ending on December 31, 1971.
(c) Employment for at least one year means employment for a total
of at least one year (12 consecutive or cumulative months).
(d) Fibrosis of the lung or pulmonary fibrosis means chronic
inflammation and scarring of the pulmonary interstitium and alveoli
with collagen deposition and progressive thickening.
(e) Miner or uranium mine worker means a person who operated or
otherwise worked in a uranium mine.
(f) National Institute for Occupational Safety and Health (NIOSH)
certified ``B'' reader means a physician who is certified as such by
NIOSH. A list of certified ``B'' readers is available from the
Radiation Exposure Compensation Program upon request.
(g) Nonmalignant respiratory disease means fibrosis of the lung,
pulmonary fibrosis, cor pulmonale related to fibrosis of the lung,
silicosis, or pneumoconiosis.
(h) Pneumoconiosis means a chronic lung disease resulting from
inhalation and deposition in the lung of particulate matter, and the
tissue reaction to the presence of the particulate matter. For purposes
of this subpart, the claimant's exposure to the particulate matter that
led to the disease must have occurred during employment in a uranium
mine.
(i) Primary lung cancer means any physiological condition of the
lung, trachea, or bronchus that is recognized under that name or
nomenclature by the National Cancer Institute. The term includes in
situ lung cancers.
(j) Readily available documentation means documents in the
possession, custody, or control of the claimant or an immediate family
member.
(k) Silicosis means a pneumoconiosis due to the inhalation of the
dust of stone, sand, flint, or other materials containing silicon
dioxide, characterized by the formation of pulmonary fibrotic changes.
(l) Specified state means Colorado, New Mexico, Arizona, Wyoming,
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas.
Additional states may be included, provided:
(1) A uranium mine was operated in such state at any time during
the period beginning on January 1, 1942, and ending on December 31,
1971;
(2) The state submits an application to the Assistant Director
(specified in Sec. 79.70(a)) to include such state; and
(3) The Assistant Director makes a determination to include such
state.
(m) Uranium mine means any underground excavation, including ``dog
holes,'' as well as open-pit, strip, rim, surface, or other aboveground
mines, where uranium ore or vanadium-uranium ore was mined or otherwise
extracted.
(n) Working level means the concentration of the short half-life
daughters of radon that will release (1.3 x 105) million
electron volts of alpha energy per liter of air.
(o) Working level month of radiation means radiation exposure at
the level of one working level every work day for a month, or an
equivalent cumulative exposure over a greater or lesser amount of time.
(p) Written diagnosis by a physician means a written determination
of the nature of a disease made from a study of the signs and symptoms
of a disease that is based on a physical examination of the patient,
medical imaging or a chemical, microscopic, microbiologic, immunologic
or pathologic study of physiologic and functional tests, secretions,
discharges, blood, or tissue. For purposes of satisfying the
requirement of a ``written diagnosis by a physician'' for living
claimants specified in Sec. 79.46, a physician submitting a written
diagnosis of a nonmalignant respiratory disease must be employed by the
Indian Health Service or the Department of Veterans Affairs or be board
certified, and must have a documented, ongoing physician-patient
relationship with the claimant. An ``ongoing physician-patient
relationship'' can include referrals made to specialists from a primary
care provider for purposes of diagnosis or treatment. ``Board
certification'' requires, in addition to physician licensing, the
successful completion of a residency training program and passage of a
Board exam in a relevant field or specialty. Relevant specialties
include: family practice, internal medicine, pathology, preventive
medicine, radiology, surgery, and thoracic surgery (and including
[[Page 13646]]
subspecialties such as cardiovascular disease, medical oncology,
pulmonary disease) as listed by the American Board of Medical
Specialties.
Sec. 79.42 Criteria for eligibility for claims by miners.
To establish eligibility for compensation under this subpart, a
claimant or eligible surviving beneficiary must establish each of the
following:
(a) The claimant was employed as a miner in a specified state;
(b) The claimant was so employed at any time during the period
beginning on January 1, 1942, and ending on December 31, 1971;
(c) The claimant was exposed during the course of his or her mining
employment to 40 or more working level months of radiation or worked
for at least one year in a uranium mine or mines during the period
identified in paragraph (b) of this section; and
(d) The claimant contracted lung cancer or a nonmalignant
respiratory disease following such exposure.
Sec. 79.43 Proof of employment as a miner.
(a) The Department will accept, as proof of employment for a
designated time period, information contained in any of the following
records:
(1) Records created by or gathered by the Public Health Service
(PHS) in the course of any health studies of uranium workers during or
including the period 1942-1990;
(2) Records of a uranium worker census performed by the PHS at
various times during the period 1942-1990;
(3) Records of the Atomic Energy Commission (AEC), or any of its
successor agencies; and
(4) Records of federally supported, health-related studies of
uranium workers, including:
(i) Studies conducted by Geno Saccamanno, M.D., St. Mary's
Hospital, Grand Junction, Colorado; and
(ii) Studies conducted by Jonathan Samet, M.D., University of New
Mexico School of Medicine.
(b) The Program will presume that the employment history for the
time period indicated in records listed in paragraph (a) of this
section is correct. If the claimant or eligible surviving beneficiary
wishes to contest the accuracy of such records, then the claimant or
eligible surviving beneficiary may provide one or more of the records
identified in paragraph (c) of this section, and the Assistant Director
will determine whether the employment history indicated in the records
listed in paragraph (a) is correct.
(c) If the sources in paragraph (a) of this section do not contain
information regarding the claimant's uranium mine employment history,
do not contain sufficient information to establish exposure to at least
40 working level months of radiation, do not contain sufficient
information to establish uranium mining employment for one year during
the period identified in Sec. 79.42(b), or if a claimant or eligible
surviving beneficiary wishes to contest the accuracy of such records,
then the claimant or eligible surviving beneficiary may submit records
from any of the following sources, and the Assistant Director shall
consider such records (in addition to any sources listed in paragraph
(a) of this section) in order to determine whether the claimant has
established the requisite employment history:
(1) Governmental records of any of the specified states, including
records of state regulatory agencies, containing information on uranium
mine workers and uranium mines;
(2) Records of any business entity that owned or operated a uranium
mine, or its successor-in-interest;
(3) Records of the Social Security Administration reflecting the
identity of the employer, the years and quarters of employment, and the
wages received during each quarter;
(4) Federal or State income tax records that contain relevant
statements regarding the claimant's employer and wages;
(5) Records containing factual findings by any governmental
judicial body, state worker's compensation board, or any governmental
administrative body adjudicating the claimant's rights to any type of
benefits (which will be accepted only to prove the fact of and duration
of employment in a uranium mine);
(6) Statements in medical records created during the period 1942-
1971 indicating or identifying the claimant's employer and occupation;
(7) Records of an academic or scholarly study, not conducted in
anticipation of or in connection with any litigation, and completed
prior to 1990; and
(8) Any other contemporaneous record that indicates or identifies
the claimant's occupation or employer.
(d) To the extent that the documents submitted from the sources
identified in this section do not so indicate, the claimant or eligible
surviving beneficiary must set forth under oath on the standard claim
form the following information, if known:
(1) The names of the mine employers for which the claimant worked
during the time period identified in the documents;
(2) The names and locations of any mines in which the claimant
worked;
(3) The actual time period the claimant worked in each mine;
(4) The claimant's occupation in each mine; and
(5) Whether the mining employment was conducted aboveground or
underground.
(e) If the claimant or eligible surviving beneficiary cannot
provide the name or location of any uranium mine at which the claimant
was employed as required under paragraph (d)(2) of this section, then
the Program shall, if possible, determine such information from records
reflecting the types of mines operated or owned by the entity for which
the claimant worked.
(f) If the information provided under paragraphs (a) and (c) of
this section is inadequate to determine the time period during which
the claimant was employed in each uranium mine, then the Program will,
where possible, calculate such employment periods in the following
manner, for purposes of calculating working level months of exposure:
(1) If records of the Social Security Administration exist that
indicate the claimant's work history, the Program will estimate the
period of employment by dividing the gross quarterly income by the
average pay rate per hour for the claimant's occupation;
(2) If such Social Security Administration records do not exist,
but other records exist that indicate that the claimant was employed in
a uranium mine on the date recorded in the record, but do not indicate
the period of employment, then the Program will apply the following
presumptions:
(i) If the records indicate that the claimant worked at the same
mine or for the same uranium mining company on two different dates at
least three months apart but less than 12 months apart, then the
Program will presume that the claimant was employed at the mine or for
the mining company for the entire 12-month period beginning on the
earlier date.
(ii) If the records indicate that the claimant worked at the same
mine or for the same uranium mining company on two different dates at
least one month apart but less than three months apart, then the
Program will presume that the claimant was employed at the mine or for
the mining company for the entire six-month period beginning on the
earlier date.
(iii) If the records indicate that the claimant worked at any mine
or for a uranium mining company on any date within the designated time
period, but the presumptions listed in this
[[Page 13647]]
paragraph (f) are not applicable, then the Program will presume that
the claimant was employed at the mine or for the mining company for a
six-month period, consisting of three months before and three months
after the date indicated.
(g) In determining whether a claimant satisfies the employment and
exposure criteria of the Act, the Assistant Director shall resolve all
reasonable doubt in favor of the claimant. If the Assistant Director
concludes that the claimant has not satisfied the employment or
exposure requirements of the Act, the claimant or eligible surviving
beneficiary will be notified and afforded the opportunity, in
accordance with the provisions of Sec. 79.72(c), to submit additional
records to establish that the statutory criteria are satisfied.
Sec. 79.44 Proof of working level month exposure to radiation.
(a) If one or more of the sources in Sec. 79.43(a) contain a
calculated total of working level months (WLMs) of radiation for the
claimant equal to or greater than 40 WLMs, then the Program will
presume that total to be correct, absent evidence to the contrary, in
which case the claimant or eligible surviving beneficiary need not
submit additional records.
(b) If the sources in Sec. 79.43(a) do not contain a calculated
total of WLMs of radiation for the claimant, or contain a calculated
total that is less than 40 WLMs, a claimant or eligible surviving
beneficiary may submit the following records reflecting a calculated
number of WLMs of radiation for periods of employment established under
Sec. 79.43(c):
(1) Certified copies of records of regulatory agencies of the
specified states, provided that the records indicate the mines at which
the claimant was employed, the time period of the claimant's employment
in each mine, the exposure level in each mine during the claimant's
employment, and the calculations on which the claimant's WLMs are
based, unless the calculation is apparent;
(2) Certified copies of records of the owner or operator of a
uranium mine in the specified states, provided that the records
indicate the mines at which the claimant was employed, the time period
of the claimant's employment in each mine, the exposure level in each
mine during the claimant's employment, and the calculations on which
the claimant's WLMs are based, unless the calculation is apparent.
(c) If the number of WLMs established under paragraphs (a) and (b)
of this section is equal to or greater than 40 WLMs of radiation, the
claimant or eligible surviving beneficiary need not submit additional
records. When the sources referred to in paragraphs (a) and (b) of this
section do not establish a calculated number of at least 40 WLMs, the
Program will, where possible, calculate additional WLMs in the manner
set forth in paragraphs (d) through (g) of this section for the periods
of employment for which the sources in paragraphs (a) and (b) do not
establish calculated totals. When calculating an exposure level for a
particular period of a claimant's employment history, the Program will
apply aboveground exposure levels with respect to those periods in
which the claimant worked principally aboveground and will apply
underground exposure levels with respect to those periods in which the
claimant worked principally underground.
(d) To the extent the sources referenced in paragraphs (a) and (b)
of this section do not contain a calculated number of WLMs, but do
contain annual exposure levels measured in Working Levels (WLs) for
mines in which the claimant was employed, the Program will calculate
the claimant's exposure to radiation measured in WLMs in the manner set
forth in paragraph (h) of this section.
(e) For periods of employment in a uranium mine that a claimant
establishes under Sec. 79.43(c) as to which paragraph (d) of this
section is not applicable, the Program will, where possible, use any or
all of the following sources in computing the annual exposure level
measured in WLs in each mine for the period of the claimant's
employment, in the manner set forth in paragraph (g) of this section:
(1) Records of the AEC, or its successor agencies;
(2) Records of the PHS, including radiation-level measurements
taken in the course of health studies conducted of uranium miners
during or including the period 1942-1971;
(3) Records of the United States Bureau of Mines;
(4) Records of regulatory agencies of the specified states; or
(5) Records of the business entity that was the owner or operator
of the mine.
(f) For periods of employment in unidentified or misidentified
uranium mines that a claimant establishes under Sec. 79.43(c) through
(f), the Program will determine annual exposure levels measured in WLs
in the unidentified or misidentified mines by calculating an average of
the annual exposure levels measured in WLs in all the uranium mines
owned or operated by the entities for which the claimant worked during
the appropriate time periods and in the identified states.
(g) With respect to periods of employment in a uranium mine that a
claimant establishes under Sec. 79.43(c) as to which paragraph (d) of
this section is not applicable, and periods of employment in
unidentified or misidentified uranium mines that a claimant establishes
under Sec. 79.43(c) through (f), the Program will use the following
methodology to calculate the annual exposure level measured in WLs for
each mine:
(1) If one or more radiation measurements are available for a mine
in a given year, such values will be averaged to generate the WLs for
the mine for that year.
(2) If radiation measurements exist for the mine, but not for the
year in which the claimant was employed in the mine, the WLs for the
mine for that year will be estimated if possible as follows:
(i) If annual average measurements exist within four years of the
year in which the claimant was employed in the mine, the measurements
for the two closest years will be averaged, and that value will be
assigned to the year the claimant was employed in the mine;
(ii) If one or more annual average measurements exist for a mine,
but are not more than five years from the year the claimant was
employed, the annual average closest in time will be assigned either
forward or backward in time for two years.
(3) If the methods described in paragraph (g)(2) of this section
interpolate or project the annual exposure level measured in WLs for a
mine in a year in which the claimant was employed in the mine, the
Program will use an estimated average for mines of the same or similar
type, ventilation, and ore composition in the same geographical area
for that year. An estimated area average will be calculated as follows:
(i) If actual measurements from three or more mines of the same or
similar type, ventilation, and ore composition are available from mines
in the same locality as the mine in which the claimant was employed,
the average of the measurements for the mines within that locality will
be used.
(ii) If there are insufficient actual measurements from mines in
the same locality to use the method in paragraph (g)(3)(i) of this
section, an average of exposure levels in mines in the same mining
district will be used.
(iii) If there is no average of exposure levels from mines in the
same mining district, the average of exposure levels in mines in the
same state will be used.
[[Page 13648]]
(iv) If there are insufficient actual measurements from mines in
the same state, the estimated average for the State of Colorado for the
relevant year will be used.
(4) With respect to a year between 1942 and 1949, if the claimant
was employed in a mine for which no exposure levels are available for
that year, then the Program will estimate the annual exposure levels
measured in WLs by averaging the two earliest exposure levels recorded
from that mine after the year 1941. If there are not two exposure
levels recorded from that mine, the Program will estimate the WLs by
averaging the two earliest exposure levels after the year 1941 from the
mines identified according to the methods set forth in paragraphs
(g)(3)(i) through (iv).
(h) The Program will calculate a claimant's total exposure to
radiation expressed in WLMs, for purposes of establishing eligibility
under Sec. 79.42(c), by adding together the WLMs for each period of
employment that the claimant has established. For those periods of a
claimant's employment for which the Program has obtained or calculated
WLs pursuant to paragraphs (d) through (g) of this section, the Program
shall determine WLMs by multiplying the WL by the pertinent time
period, measured in months, yielding a claimant's exposure to radiation
expressed in WLMs.
(i) In addition to any other material that may be used to
substantiate employment history for purposes of determining WLMs, an
individual filing a claim may make such a substantiation by means of an
affidavit described in Sec. 79.4(c)(4).
Sec. 79.45 Proof of primary lung cancer.
(a) In determining whether a claimant developed primary lung cancer
following pertinent employment as a miner, the Assistant Director shall
resolve all reasonable doubt in favor of the claimant. A conclusion
that a claimant developed primary lung cancer must be supported by
medical documentation. To prove that a claimant developed primary lung
cancer, the claimant or beneficiary may submit any form of medical
documentation specified in paragraph (e) of this section. In all cases,
the Program will review submitted medical documentation, and will, in
addition and where appropriate, review any pertinent records discovered
within the sources identified in paragraphs (b), (c), and (d) of this
section.
(b) Where appropriate, the Radiation Exposure Compensation Program
will search the records of the PHS (including NIOSH), created or
gathered during the course of any health study of uranium workers
conducted or being conducted by these agencies, to determine whether
those records contain proof of the claimant's medical condition. (In
cases where the claimant is deceased, the Program will accept as proof
of medical condition the verification of the PHS or NIOSH that it
possesses medical records or abstracts of medical records of the
claimant that contain a verified diagnosis of primary lung cancer.)
(c) If a claimant was diagnosed as having primary lung cancer in
Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, and the
claimant or eligible surviving beneficiary submits with the claim an
Authorization To Release Medical or Other Information, valid in the
state of diagnosis, that authorizes the Radiation Exposure Compensation
Program to contact the appropriate state cancer or tumor registry, the
Program will, where appropriate, request the relevant information from
that registry and will review records that it obtains from the
registry. (In cases where the claimant is deceased, the Program will
accept as proof of medical condition verification from the state cancer
or tumor registry that it possesses medical records or abstracts of
medical records of the claimant that contain a verified diagnosis of
primary lung cancer.)
(d) If medical records regarding the claimant were gathered during
the course of any federally supported, health-related study of uranium
workers, and the claimant or eligible surviving beneficiary submits
with the claim an Authorization To Release Medical or Other Information
that authorizes the Program to contact the custodian of the records of
the study to determine if proof of the claimant's medical condition is
contained in the records of the study, the Program will, where
appropriate, request such records from that custodian and will review
records that it obtains from the custodian. (In cases where the
claimant is deceased, the Program will accept as proof of the
claimant's medical condition such medical records or abstracts of
medical records containing a verified diagnosis of primary lung
cancer.)
(e)(1) A claimant or beneficiary may submit any of the following
forms of medical documentation in support of a claim that the claimant
contracted primary lung cancer. Such documentation will be most useful
where it contains an explicit statement of diagnosis or such other
information or data from which the appropriate authorities at the
National Cancer Institute can make a diagnosis to a reasonable degree
of medical certainty:
(i) Pathology report of tissue biopsy, including, but not limited
to, specimens obtained by any of the following methods:
(A) Surgical resection;
(B) Endoscopic endobronchial or transbronchial biopsy;
(C) Bronchial brushings and washings;
(D) Pleural fluid cytology;
(E) Fine needle aspirate;
(F) Pleural biopsy; or
(G) Sputum cytology;
(ii) Autopsy report;
(iii) Bronchoscopy report;
(iv) One of the following summary medical reports:
(A) Physician summary report;
(B) Hospital discharge summary report;
(C) Operative report;
(D) Radiation therapy summary report; or
(E) Oncology summary or consultation report;
(v) Reports of radiographic studies, including:
(A) X-rays of the chest;
(B) Chest tomograms;
(C) Computer-assisted tomography (CT); or
(D) Magnetic resonance imaging (MRI); or
(vi) Death certificate, provided that it is signed by a physician
at the time of death.
Sec. 79.46 Proof of nonmalignant respiratory disease.
(a) In determining whether a claimant developed a nonmalignant
respiratory disease following pertinent employment as a miner, the
Assistant Director shall resolve all reasonable doubt in favor of the
claimant. A conclusion that a claimant developed a nonmalignant
respiratory disease must be supported by medical documentation. In
cases where the claimant is deceased, the claimant's beneficiary may
submit any form of medical documentation specified in paragraph (d)(1)
of this section, and for proof of cor pulmonale must also submit one or
more forms of documentation specified in paragraph (d)(2). A living
claimant must at a minimum submit the medical documentation required in
paragraph (d)(3) of this section, and for proof of cor pulmonale must
also submit one or more forms of documentation specified in paragraph
(d)(2). In all cases, the Program will review submitted medical
documentation, and will, in addition and where appropriate, review any
pertinent records discovered within the sources referred to in
paragraphs (b) and
[[Page 13649]]
(c) of this section. With respect to a deceased claimant, the Program
will treat as equivalent to a diagnosis of pulmonary fibrosis any
diagnosis of ``restrictive lung disease'' made by a physician employed
by the Indian Health Service.
(b) Where appropriate, the Radiation Exposure Compensation Program
will search the records of the PHS (including NIOSH), created or
gathered during the course of any health study of uranium workers
conducted or being conducted by these agencies, to determine whether
those records contain proof of the claimant's medical condition. In
cases where the claimant is deceased, the Program will accept as proof
of medical condition the verification of the PHS or NIOSH that it
possesses medical records or abstracts of medical records of the
claimant that contain a verified diagnosis of a nonmalignant
respiratory disease.
(c) If medical records regarding the claimant were gathered during
the course of any federally supported, health-related study of uranium
workers and the claimant or eligible surviving beneficiary submits with
the claim an Authorization To Release Medical or Other Information that
authorizes the Program to contact the custodian of the records of the
study to determine if proof of the claimant's medical condition is
contained in the records of the study, the Program will, where
appropriate, request such records from that custodian and will review
records that it obtains from the custodian. In cases where the claimant
is deceased, the Program will accept as proof of the claimant's medical
condition such medical records or abstracts of medical records
containing a verified diagnosis of a nonmalignant respiratory disease.
(d) (1) A claimant or beneficiary may submit any of the following
forms of medical documentation in support of a claim that the claimant
contracted a nonmalignant respiratory disease, including pulmonary
fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of
the lung, silicosis, and pneumoconiosis:
(i) Pathology report of tissue biopsy;
(ii) Autopsy report;
(iii) If an x-ray exists, the x-ray and interpretive reports of the
x-ray by a maximum of two NIOSH certified ``B'' readers classifying the
existence of disease of category 1/0 or higher according to a 1989
report of the International Labor Office (known as the ``ILO''), or
subsequent revisions;
(iv) If no x-rays exist, an x-ray report;
(v) Physician summary report;
(vi) Hospital discharge summary report;
(vii) Hospital admitting report;
(viii) Death certificate, provided that it is signed by a physician
at the time of death; or
(ix) Documentation specified in paragraphs (d)(3)(i) and (d)(3)(ii)
of this section.
(2) In order to demonstrate that the claimant developed cor
pulmonale related to fibrosis of the lung, the claimant or beneficiary
must, at a minimum, submit one or more of the following medical
records:
(i) Right heart catheterization;
(ii) Cardiology summary or consultation report;
(iii) Electrocardiogram;
(iv) Echocardiogram;
(v) Physician summary report;
(vi) Hospital discharge summary report;
(vii) Autopsy report;
(viii) Report of physical examination; or
(ix) Death certificate, provided that it is signed by a physician
at the time of death.
(3) Notwithstanding any other documentation provided, a living
claimant must at a minimum provide the following medical documentation:
(i) Either:
(A) An arterial blood gas study administered at rest in a sitting
position, or an exercise arterial blood gas test, reflecting values
equal to or less than the values set forth in the tables in appendix B
to this part; or
(B) A written diagnosis by a physician in accordance with Sec.
79.41(p); and
(ii) One of the following:
(A) A chest x-ray administered in accordance with standard
techniques accompanied by interpretive reports of the x-ray by a
maximum of two NIOSH certified ``B'' readers, classifying the existence
of disease of category 1/0 or higher according to a 1989 report of the
International Labor Office (known as the ``ILO''), or subsequent
revisions;
(B) High-resolution computed tomography scans (commonly known as
``HRCT scans''), including computer-assisted tomography scans (commonly
known as ``CAT scans''), magnetic resonance imaging scans (commonly
known as ``MRI scans''), and positron emission tomography scans
(commonly known as ``PET scans''), and interpretive reports of such
scans;
(C) Pathology reports of tissue biopsies; or
(D) Pulmonary function tests indicating restrictive lung function
and consisting of three reproducible time/volume tracings recording the
results of the forced expiratory volume in one second (FEV1) and the
forced vital capacity (FVC) administered and reported in accordance
with the Standardization of Spirometry--1994 Update by the American
Thoracic Society, and reflecting values for FEV1 or FVC that are less
than or equal to the lower limit of normal for an individual of the
claimant's age, sex, height, and ethnicity as set forth in the tables
in appendix A to this part.
(e) The Assistant Director shall treat any documentation described
in paragraph (d)(3)(i)(B) or paragraph (d)(3)(ii)(A) of this section as
conclusive evidence of the claimant's nonmalignant respiratory disease;
provided, however, that the Program may subject such documentation to a
fair and random audit to guarantee its authenticity and reliability for
purposes of treating it as conclusive evidence; and provided further
that, in order to be treated as conclusive evidence, a written
diagnosis described in paragraph (d)(3)(i)(B) must be by a physician
who is employed by the Indian Health Service or the Department of
Veterans Affairs or who is board certified (as described in Sec.
79.41(p)), and who must have a documented, ongoing physician-patient
relationship with the claimant. Notwithstanding the conclusive effect
given to certain evidence, nothing in this paragraph shall be construed
as relieving a living claimant of the obligation to provide the Program
with the forms of documentation required under paragraph (d)(3).
Subpart F--Eligibility Criteria for Claims by Uranium Millers
Sec. 79.50 Scope of subpart.
The regulations in this subpart define the eligibility criteria for
compensation under section 5 of the Act pertaining to millers, i.e.,
uranium mill workers, and the nature of evidence that will be accepted
as proof that a claimant satisfies such eligibility criteria. Section 5
of the Act provides for a payment of $100,000 to ``millers'' who
contracted primary lung cancer, one of a limited number of nonmalignant
respiratory diseases, primary renal cancer, or chronic renal disease,
following employment for at least one year as a uranium mill worker in
specified states during the period beginning January 1, 1942, and
ending December 31, 1971.
Sec. 79.51 Definitions.
(a) Chronic renal disease means the chronic, progressive, and
irreversible destruction of the nephron. It is exhibited by diminution
of renal function.
(b) Cor pulmonale means heart disease, including hypertrophy of the
right ventricle, due to pulmonary
[[Page 13650]]
hypertension secondary to fibrosis of the lung.
(c) Designated time period means the period beginning on January 1,
1942, and ending on December 31, 1971.
(d) Employment for at least one year means employment for a total
of at least one year (12 consecutive or cumulative months).
(e) Fibrosis of the lung or pulmonary fibrosis means chronic
inflammation and scarring of the pulmonary interstitium and alveoli
with collagen deposition and progressive thickening.
(f) Kidney tubal (tubular) tissue injury means structural or
functional damage to the kidney tubules that results in renal disease
and dysfunction.
(g) Miller or uranium mill worker means a person who operated or
otherwise worked in a uranium mill.
(h) National Institute for Occupational Safety and Health (NIOSH)
certified ``B'' reader means a physician who is certified as such by
NIOSH. A list of certified ``B'' readers is available from the
Radiation Exposure Compensation Program upon request.
(i) Nephritis means an inflammatory process of the kidneys
resulting in chronic renal dysfunction.
(j) Nonmalignant respiratory disease means fibrosis of the lung,
pulmonary fibrosis, cor pulmonale related to fibrosis of the lung,
silicosis, and pneumoconiosis.
(k) Pneumoconiosis means a chronic lung disease resulting from
inhalation and deposition in the lung of particulate matter, and the
tissue reaction to the presence of the particulate matter. For purposes
of this subpart, the claimant's exposure to the particulate matter that
led to the disease must have occurred during employment in a uranium
mill.
(l) Primary lung cancer means any physiological condition of the
lung, trachea, or bronchus that is recognized under that name or
nomenclature by the National Cancer Institute. The term includes in
situ lung cancers.
(m) Readily available documentation means documents in the
possession, custody, or control of the claimant or an immediate family
member.
(n) Primary renal cancer means any physiological condition of the
kidneys that is recognized under that name or nomenclature by the
National Cancer Institute.
(o) Silicosis means a pneumoconiosis due to the inhalation of the
dust of stone, sand, flint, or other materials containing silicon
dioxide, characterized by the formation of pulmonary fibrotic changes.
(p) Specified state means Colorado, New Mexico, Arizona, Wyoming,
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas.
Additional states may be included, provided:
(1) A uranium mine was operated in such state at any time during
the period beginning on January 1, 1942, and ending on December 31,
1971;
(2) The state submits an application to the Assistant Director
(specified in Sec. 79.70(a)) to include such state; and
(3) The Assistant Director makes a determination to include such
state.
(q) Uranium mill means any milling operation involving the
processing of uranium ore or vanadium-uranium ore, including carbonate
plants and acid leach plants. The term applies to ore-buying stations
where ore was weighed and sampled prior to delivery to a mill for
processing; ``upgrader'' or ``concentrator'' facilities located at the
mill or at a remote location where uranium or vanadium-uranium ore was
processed prior to delivery to a mill; and pilot plants where uranium
ore or vanadium-uranium ore was processed.
(r) Uranium mine means any underground excavation, including ``dog
holes,'' as well as open-pit, strip, rim, surface, or other aboveground
mines, where uranium ore or vanadium-uranium ore was mined or otherwise
extracted.
(s) Written diagnosis by a physician means a written determination
of the nature of a disease made from a study of the signs and symptoms
of a disease that is based on a physical examination of the patient,
medical imaging or a chemical, microscopic, microbiologic, immunologic,
or pathologic study of physiologic and functional tests, secretions,
discharges, blood, or tissue. For purposes of satisfying the
requirement of a ``written diagnosis by a physician'' for living
claimants specified in Sec. 79.55, a physician submitting a written
diagnosis of a nonmalignant respiratory disease must be employed by the
Indian Health Service or the Department of Veterans Affairs or be board
certified, and must have a documented, ongoing physician-patient
relationship with the claimant. An ``ongoing physician-patient
relationship'' can include referrals made to specialists from a primary
care provider for purposes of diagnosis or treatment. ``Board
certification'' requires, in addition to physician licensing, the
successful completion of a residency training program and passage of a
Board exam in a relevant field or specialty. Relevant specialties
include: family practice, internal medicine, pathology, preventive
medicine, radiology, surgery, and thoracic surgery (and including
subspecialties such as cardiovascular disease, medical oncology,
pulmonary disease) as listed by the American Board of Medical
Specialties.
Sec. 79.52 Criteria for eligibility for claims by uranium millers.
To establish eligibility for compensation under this subpart, a
claimant or eligible surviving beneficiary of a claimant must establish
each of the following:
(a) The claimant was employed as a miller in a specified state;
(b) The claimant was so employed for at least one year (12
consecutive or cumulative months) during the period beginning on
January 1, 1942, and ending on December 31, 1971; and
(c) The claimant contracted primary lung cancer, a nonmalignant
respiratory disease, primary renal cancer, or chronic renal disease
(including nephritis and kidney tubal tissue injury) following at least
one year of such employment.
Sec. 79.53 Proof of employment as a miller.
(a) The Department will accept, as proof of employment for the time
period indicated, information contained in any of the following
records:
(1) Records created by or gathered by the Public Health Service
(PHS) in the course of any health studies of uranium workers during or
including the period 1942-1990;
(2) Records of a uranium worker census performed by the PHS at
various times during the period 1942-1990;
(3) Records of the Atomic Energy Commission (AEC), or any of its
successor agencies; and
(4) Records of federally supported, health-related studies of
uranium workers.
(b) The Program will presume that the employment history for the
time period indicated in records listed in paragraph (a) of this
section is correct. If the claimant or eligible surviving beneficiary
wishes to contest the accuracy of such records, then the claimant or
eligible surviving beneficiary may provide one or more of the records
identified in paragraph (c) of this section, and the Assistant Director
will determine whether the employment history indicated in the records
listed in paragraph (a) is correct.
(c) If the sources in paragraph (a) of this section do not contain
information regarding the claimant's uranium mill employment history,
do not contain sufficient information to establish employment for at
least one year in a uranium mill during the specified time period to
qualify under Sec. 79.52(b), or if a claimant or eligible surviving
beneficiary wishes to contest the accuracy of such records, then the
[[Page 13651]]
claimant or eligible surviving beneficiary may submit records from any
of the following sources, which the Assistant Director shall consider
(in addition to any sources listed in paragraph (a) of this section) in
order to determine whether the claimant has established the requisite
employment history:
(1) Records of any of the specified states, including records of
state regulatory agencies, containing information on uranium mill
workers and uranium mills;
(2) Records of any business entity that owned or operated a uranium
mill, or its successor-in-interest;
(3) Records of the Social Security Administration reflecting the
identity of the employer, the years and quarters of employment, and the
wages received during each quarter;
(4) Federal or state income tax records that contain relevant
statements regarding the claimant's employer and wages;
(5) Records containing factual findings by any governmental
judicial body, state worker's compensation board, or any governmental
administrative body adjudicating the claimant's rights to any type of
benefits (which will be accepted only to prove the fact of and duration
of employment in a uranium mill);
(6) Statements in medical records created during the period 1942-
1971 indicating or identifying the claimant's employer and occupation;
(7) Records of an academic or scholarly study, not conducted in
anticipation of or in connection with any litigation, and completed
prior to 1990; or
(8) Any other contemporaneous record that indicates or identifies
the claimant's occupation or employer.
(d) To the extent that the documents submitted from the sources
identified in this section do not so indicate, the claimant or eligible
surviving beneficiary must set forth under oath on the standard claim
form the following information, if known:
(1) The names of the mill employers for which the claimant worked
during the time period identified in the documents;
(2) The names and locations of any mills in which the claimant
worked;
(3) The actual time period the claimant worked in each mill; and
(4) The claimant's occupation in each mill.
(e) The Program may, for the purpose of verifying information
submitted pursuant to this section, require the claimant or any
eligible surviving beneficiary to provide an authorization to release
any record identified in this section, in accordance with the
provisions of Sec. 79.72(c).
(f) In determining whether a claimant satisfies the employment
criteria of the Act, the Assistant Director shall resolve all
reasonable doubt in favor of the claimant. If the Assistant Director
concludes that the claimant has not satisfied the employment
requirements of the Act, the claimant or eligible surviving beneficiary
will be notified and afforded the opportunity, in accordance with the
provisions of Sec. 79.72(c), to submit additional records to establish
that the statutory employment criteria are satisfied.
Sec. 79.54 Proof of primary lung cancer.
(a) In determining whether a claimant developed primary lung cancer
following pertinent employment as a miller, the Assistant Director
shall resolve all reasonable doubt in favor of the claimant. A
conclusion that a claimant developed primary lung cancer must be
supported by medical documentation. To prove that a claimant developed
primary lung cancer, the claimant or beneficiary may submit any form of
medical documentation specified in paragraph (e) of this section. In
all cases, the Program will review submitted medical documentation, and
will, in addition and where appropriate, review any pertinent records
discovered within the sources identified in paragraphs (b), (c) and (d)
of this section.
(b) Where appropriate, the Radiation Exposure Compensation Program
will search the records of the PHS (including NIOSH), created or
gathered during the course of any health study of uranium workers
conducted or being conducted by these agencies, to determine whether
those records contain proof of the claimant's medical condition. (In
cases where the claimant is deceased, the Program will accept as proof
of medical condition the verification of the PHS or NIOSH that it
possesses medical records or abstracts of medical records of the
claimant that contain a verified diagnosis of primary lung cancer.)
(c) If a claimant was diagnosed as having primary lung cancer in
Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, and the
claimant or eligible surviving beneficiary submits with the claim an
Authorization To Release Medical or Other Information, valid in the
state of diagnosis, that authorizes the Radiation Exposure Compensation
Program to contact the appropriate state cancer or tumor registry, the
Program will, where appropriate, request the relevant information from
that registry and will review records that it obtains from the
registry. (In cases where the claimant is deceased, the Program will
accept as proof of medical condition verification from the state cancer
or tumor registry that it possesses medical records or abstracts of
medical records of the claimant that contain a verified diagnosis of
primary lung cancer.)
(d) If medical records regarding the claimant were gathered during
the course of any federally supported, health-related study of uranium
workers, and the claimant or eligible surviving beneficiary submits
with the claim an Authorization To Release Medical or Other Information
that authorizes the Program to contact the custodian of the records of
the study to determine if proof of the claimant's medical condition is
contained in the records of the study, the Program will, where
appropriate, request such records from that custodian and will review
records that it obtains from the custodian. (In cases where the
claimant is deceased, the Program will accept as proof of the
claimant's medical condition such medical records or abstracts of
medical records containing a verified diagnosis of primary lung
cancer.)
(e) A claimant or beneficiary may submit any of the following forms
of medical documentation in support of a claim that the claimant
contracted primary lung cancer. Such documentation will be most useful
where it contains an explicit statement of diagnosis or such other
information or data from which the appropriate authorities at the
National Cancer Institute can make a diagnosis to a reasonable degree
of medical certainty:
(1) Pathology report of tissue biopsy, including, but not limited
to, specimens obtained by any of the following methods:
(i) Surgical resection;
(ii) Endoscopic endobronchial or transbronchial biopsy;
(iii) Bronchial brushings and washings;
(iv) Pleural fluid cytology;
(v) Fine needle aspirate;
(vi) Pleural biopsy; or
(vii) Sputum cytology;
(2) Autopsy report;
(3) Bronchoscopy report;
(4) One of the following summary medical reports:
(i) Physician summary report;
(ii) Hospital discharge summary report;
(iii) Operative report;
(iv) Radiation therapy summary report; or
(v) Oncology summary or consultation report;
[[Page 13652]]
(5) Reports of radiographic studies, including:
(i) X-rays of the chest;
(ii) Chest tomograms;
(iii) Computer-assisted tomography (CT); or
(iv) Magnetic resonance imaging (MRI); or
(6) Death certificate, provided that it is signed by a physician at
the time of death.
Sec. 79.55 Proof of nonmalignant respiratory disease.
(a) In determining whether a claimant developed a nonmalignant
respiratory disease following pertinent employment as a miller, the
Assistant Director shall resolve all reasonable doubt in favor of the
claimant. A conclusion that a claimant developed a nonmalignant
respiratory disease must be supported by medical documentation. In
cases where the claimant is deceased, the claimant's beneficiary may
submit any form of medical documentation specified in paragraph (d)(1)
of this section, and for proof of cor pulmonale must also submit one or
more forms of documentation specified in paragraph (d)(2). A living
claimant must at a minimum submit the medical documentation required in
paragraph (d)(3) of this section, and for proof of cor pulmonale must
also submit one or more forms of documentation specified in paragraph
(d)(2). In all cases, the Program will review submitted medical
documentation, and will, in addition and where appropriate, review any
pertinent records discovered within the sources referred to in
paragraphs (b) and (c) of this section. With respect to a deceased
claimant, the Program will treat as equivalent to a diagnosis of
pulmonary fibrosis any diagnosis of ``restrictive lung disease'' made
by a physician employed by the Indian Health Service.
(b) Where appropriate, the Radiation Exposure Compensation Program
will search the records of the PHS (including NIOSH), created or
gathered during the course of any health study of uranium workers
conducted or being conducted by these agencies, to determine whether
those records contain proof of the claimant's medical condition. (In
cases where the claimant is deceased, the Program will accept as proof
of medical condition the verification of the PHS or NIOSH that it
possesses medical records or abstracts of medical records of the
claimant that contain a verified diagnosis of a nonmalignant
respiratory disease.)
(c) If medical records regarding the claimant were gathered during
the course of any federally supported, health-related study of uranium
workers, and the claimant or eligible surviving beneficiary submits
with the claim an Authorization To Release Medical or Other Information
that authorizes the Program to contact the custodian of the records of
the study to determine if proof of the claimant's medical condition is
contained in the records of the study, the Program will, where
appropriate, request such records from that custodian and will review
records that it obtains from the custodian. (In cases where the
claimant is deceased, the Program will accept as proof of the
claimant's medical condition such medical records or abstracts of
medical records containing a verified diagnosis of a nonmalignant
respiratory disease.)
(d) (1) A claimant or beneficiary may submit any of the following
forms of medical documentation in support of a claim that the claimant
contracted a nonmalignant respiratory disease, including pulmonary
fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of
the lung, silicosis, and pneumoconiosis:
(i) Pathology report of tissue biopsy;
(ii) Autopsy report;
(iii) If an x-ray exists, the x-ray and interpretive reports of the
x-ray by a maximum of two NIOSH certified ``B'' readers classifying the
existence of disease of category 1/0 or higher according to a 1989
report of the International Labor Office (known as the ``ILO''), or
subsequent revisions;
(iv) If no x-rays exist, an x-ray report;
(v) Physician summary report;
(vi) Hospital discharge summary report;
(vii) Hospital admitting report;
(viii) Death certificate, provided that it is signed by a physician
at the time of death; or
(ix) Documentation specified in paragraphs (d)(3)(i) and (d)(3)(ii)
of this section.
(2) In order to demonstrate that the claimant developed cor
pulmonale related to fibrosis of the lung, the claimant or beneficiary
must, at a minimum, submit one or more of the following medical
records:
(i) Right heart catheterization;
(ii) Cardiology summary or consultation report;
(iii) Electrocardiogram;
(iv) Echocardiogram;
(v) Physician summary report;
(vi) Hospital discharge summary report;
(vii) Autopsy report;
(viii) Report of physical examination; or
(ix) Death certificate, provided that it is signed by a physician
at the time of death.
(3) Notwithstanding any other documentation provided, a living
claimant must at a minimum provide the following medical documentation:
(i) Either:
(A) An arterial blood gas study administered at rest in a sitting
position, or an exercise arterial blood gas test, reflecting values
equal to or less than the values set forth in the tables to appendix B
of this part; or
(B) A written diagnosis by a physician in accordance with Sec.
79.51(s); and
(ii) One of the following:
(A) A chest x-ray administered in accordance with standard
techniques accompanied by interpretive reports of the x-ray by a
maximum of two NIOSH certified ``B'' readers, classifying the existence
of disease of category 1/0 or higher according to a 1989 report of the
International Labor Office (known as the ``ILO'') or subsequent
revisions;
(B) High-resolution computed tomography scans (commonly known as
``HRCT scans''), including computer-assisted tomography scans (commonly
known as ``CAT scans''), magnetic resonance imaging scans (commonly
known as ``MRI scans''), and positron emission tomography scans
(commonly known as ``PET scans''), and interpretive reports of such
scans;
(C) Pathology reports of tissue biopsies; or
(D) Pulmonary function tests indicating restrictive lung function
and consisting of three reproducible time/volume tracings recording the
results of the forced expiratory volume in one second (FEV1) and the
forced vital capacity (FVC) administered and reported in accordance
with the Standardization of Spirometry--1994 Update by the American
Thoracic Society, and reflecting values for FEV1 or FVC that are less
than or equal to the lower limit of normal for an individual of the
claimant's age, sex, height, and ethnicity as set forth in the tables
in appendix A to this part.
(e) The Assistant Director shall treat any documentation described
in paragraph (d)(3)(i)(B) or paragraph (d)(3)(ii)(A) of this section as
conclusive evidence of the claimant's nonmalignant respiratory disease;
provided, however, that the Program may subject such documentation to a
fair and random audit to guarantee its authenticity and reliability for
purposes of treating it as conclusive evidence; and provided further
that, in order to be treated as conclusive evidence, a written
diagnosis described in paragraph (d)(3)(i)(B) must be by a physician
who is employed by the Indian Health Service or the Department of
Veterans Affairs or who is board certified (as described in
[[Page 13653]]
Sec. 79.51(s)), and who must have a documented, ongoing physician-
patient relationship with the claimant. Notwithstanding the conclusive
effect given to certain evidence, nothing in this paragraph shall be
construed as relieving a living claimant of the obligation to provide
the Program with the forms of documentation required under paragraph
(d)(3).
Sec. 79.56 Proof of primary renal cancer.
(a) In determining whether a claimant developed primary renal
cancer following pertinent employment as a miller, the Assistant
Director shall resolve all reasonable doubt in favor of the claimant. A
conclusion that a claimant developed primary renal cancer must be
supported by medical documentation. In all cases, the Program will
review submitted medical documentation, and will, in addition and where
appropriate, review any pertinent records discovered within the sources
referred to in paragraphs (b) and (c) of this section.
(b) Where appropriate, the Radiation Exposure Compensation Program
will search the records of the PHS (including NIOSH), created or
gathered during the course of any health study of uranium workers
conducted or being conducted by these agencies, to determine whether
those records contain proof of the claimant's medical condition. (In
cases where the claimant is deceased, the Program will accept as proof
of medical condition the verification of the PHS or NIOSH that it
possesses medical records or abstracts of medical records of the
claimant that contain a verified diagnosis of primary renal cancer.)
(c) If a claimant was diagnosed as having primary renal cancer in
the State of Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming,
and the claimant or eligible surviving beneficiary submits with the
claim an Authorization To Release Medical or Other Information, valid
in the state of diagnosis, that authorizes the Radiation Exposure
Compensation Program to contact the appropriate state cancer or tumor
registry, the Program will, where appropriate, request the relevant
information from that registry and will review records that it obtains
from the registry. (In cases where the claimant is deceased, the
Program will accept as proof of medical condition verification from the
state cancer or tumor registry that it possesses medical records or
abstracts of medical records of the claimant that contain a verified
diagnosis of primary renal cancer.)
(d) If medical records regarding the claimant were gathered during
the course of any federally supported, health-related study of uranium
workers, and the claimant or eligible surviving beneficiary submits
with the claim an Authorization To Release Medical or Other Information
that authorizes the Program to contact the custodian of the records of
the study to determine if proof of the claimant's medical condition is
contained in the records of the study, the Program will, where
appropriate, request such records from that custodian and will review
records that it obtains from the custodian. (In cases where the
claimant is deceased, the Program will accept as proof of the
claimant's medical condition such medical records or abstracts of
medical records containing a verified diagnosis of primary renal
cancer.)
(e) A claimant or beneficiary may submit any of the following forms
of medical documentation in support of a claim that the claimant
contracted primary renal cancer. Such documentation will be most useful
where it contains an explicit statement of diagnosis or such other
information or data from which the appropriate authorities at the
National Cancer Institute can make a diagnosis to a reasonable degree
of medical certainty:
(1) Pathology report of tissue biopsy or resection;
(2) Autopsy report;
(3) One of the following summary medical reports:
(i) Physician summary report;
(ii) Hospital discharge summary report;
(iii) Operative report;
(iv) Radiotherapy summary report; or
(v) Medical oncology summary or consultation report;
(4) Report of one of the following radiology examinations:
(i) Computerized tomography (CT) scan; or
(ii) Magnetic resonance imaging (MRI); or
(5) Death certificate, provided that it is signed by a physician at
the time of death.
Sec. 79.57 Proof of chronic renal disease.
(a) In determining whether a claimant developed chronic renal
disease following pertinent employment as a miller, the Assistant
Director shall resolve all reasonable doubt in favor of the claimant. A
conclusion that a claimant developed chronic renal disease must be
supported by medical documentation.
(b) A claimant or beneficiary may submit any of the following forms
of medical documentation in support of a claim that the claimant
contracted chronic renal disease.
(1) Pathology report of tissue biopsy;
(2) If laboratory or radiographic tests exist:
(i) Abnormal plasma creatinine values; and
(ii) Abnormal glomerular filtration rate (by either measured
creatinine or iothalamate clearance or calculated by MDRD equation);
and
(iii) Renal tubular dysfunction as evidenced by:
(A) Glycosuria in the absence of diabetes mellitus;
(B) Proteinuria less than one gram daily without other known
etiology; or
(C) Hyperphosphaturia, aminoaciduria, B-2 microglobinuria or
alkaline phosphaturia or other marker of proximal tubular injury; or
(iv) Radiographic evidence of chronic renal disease;
(3) Autopsy report;
(4) Physician summary report;
(5) Hospital discharge summary report;
(6) Hospital admitting report; or
(7) Death certificate, provided that it is signed by a physician at
the time of death.
Subpart G--Eligibility Criteria for Claims by Ore Transporters
Sec. 79.60 Scope of subpart.
The regulations in this subpart define the eligibility criteria for
compensation under section 5 of the Act pertaining to uranium or
vanadium-uranium ore transporters and the nature of evidence that will
be accepted as proof that a claimant satisfies such eligibility
criteria. Section 5 of the Act provides for a payment of $100,000 to
persons who contracted lung cancer, one of a limited number of
nonmalignant respiratory diseases, renal cancer, or chronic renal
disease, following employment for at least one year as a transporter of
uranium ore or vanadium-uranium ore from a uranium mine or uranium mill
located in a specified state during the period beginning January 1,
1942, and ending December 31, 1971.
Sec. 79.61 Definitions.
(a) Chronic renal disease means the chronic, progressive, and
irreversible destruction of the nephron. It is exhibited by diminution
of renal function.
(b) Cor pulmonale means heart disease, including hypertrophy of the
right ventricle, due to pulmonary hypertension secondary to fibrosis of
the lung.
(c) Designated time period means the period beginning on January 1,
1942, and ending on December 31, 1971.
(d) Employment as an ore transporter means employment involving the
[[Page 13654]]
transporting or hauling of uranium ore or vanadium-uranium ore from a
uranium mine or uranium mill, including the transportation or hauling
of ore from an ore buying station, ``upgrader,'' ``concentrator''
facility, or pilot plant by means of truck, rail or barge.
(e) Employment for at least one year means employment for a total
of at least one year (12 consecutive or cumulative months).
(f) Fibrosis of the lung or pulmonary fibrosis means chronic
inflammation and scarring of the pulmonary interstitium and alveoli
with collagen deposition and progressive thickening.
(g) Kidney tubal (tubular) tissue injury means structural or
functional damage to the kidney tubules that results in renal disease
and dysfunction.
(h) National Institute for Occupational Safety and Health (NIOSH)
certified ``B'' reader means a physician who is certified as such by
NIOSH. A list of certified ``B'' readers is available from the
Radiation Exposure Compensation Program upon request.
(i) Nephritis means an inflammatory process of the kidneys
resulting in chronic renal dysfunction.
(j) Nonmalignant respiratory disease means fibrosis of the lung,
pulmonary fibrosis, cor pulmonale related to fibrosis of the lung,
silicosis, and pneumoconiosis.
(k) Pneumoconiosis means a chronic lung disease resulting from
inhalation and deposition in the lung of particulate matter, and the
tissue reaction to the presence of the particulate matter. For the
purposes of this Act, the claimant's exposure to the particulate matter
that led to the disease must have occurred during employment as an ore
transporter.
(l) Primary lung cancer means any physiological condition of the
lung, trachea, or bronchus that is recognized under that name or
nomenclature by the National Cancer Institute. The term includes in
situ lung cancers.
(m) Readily available documentation means documents in the
possession, custody, or control of the claimant or an immediate family
member.
(n) Primary renal cancer means any physiological condition of the
kidneys that is recognized under that name or nomenclature by the
National Cancer Institute.
(o) Silicosis means a pneumoconiosis due to the inhalation of the
dust of stone, sand, flint or other materials containing silicon
dioxide, characterized by the formation of pulmonary fibrotic changes.
(p) Specified state means Colorado, New Mexico, Arizona, Wyoming,
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, or Texas.
Additional states may be included, provided:
(1) A uranium mine was operated in such state at any time during
the period beginning on January 1, 1942, and ending on December 31,
1971;
(2) The state submits an application to the Assistant Director
(specified in Sec. 79.70(a)) to include such state; and
(3) The Assistant Director makes a determination to include such
state.
(q) Uranium mill means any milling operation involving the
processing of uranium ore or vanadium-uranium ore, including carbonate
plants and acid leach plants. The term applies to ore-buying stations
where ore was weighed and sampled prior to delivery to a mill for
processing; ``upgrader'' or ``concentrator'' facilities located at the
mill or at a remote location where uranium or vanadium-uranium ore was
processed prior to delivery to a mill; and pilot plants where uranium
ore or vanadium-uranium ore was processed.
(r) Uranium mine means any underground excavation, including ``dog
holes,'' as well as open-pit, strip, rim, surface, or other aboveground
mines, where uranium ore or vanadium-uranium ore was mined or otherwise
extracted.
(s) Written diagnosis by a physician means a written determination
of the nature of a disease made from a study of the signs and symptoms
of a disease that is based on a physical examination of the patient,
medical imaging or a chemical, microscopic, microbiologic, immunologic,
or pathologic study of physiologic and functional tests, secretions,
discharges, blood, or tissue. For purposes of satisfying the
requirement of a ``written diagnosis by a physician'' for living
claimants specified in Sec. 79.65, a physician submitting a written
diagnosis of a nonmalignant respiratory disease must be employed by the
Indian Health Service or the Department of Veterans Affairs or be board
certified, and must have a documented, ongoing physician-patient
relationship with the claimant. An ``ongoing physician-patient
relationship'' can include referrals made to specialists from a primary
care provider for purposes of diagnosis or treatment. ``Board
certification'' requires, in addition to physician licensing, the
successful completion of a residency training program and passage of a
Board exam in a relevant field or specialty. Relevant specialties
include: family practice, internal medicine, pathology, preventive
medicine, radiology, surgery, and thoracic surgery (and including
subspecialties such as cardiovascular disease, medical oncology,
pulmonary disease) as listed by the American Board of Medical
Specialties.
Sec. 79.62 Criteria for eligibility for claims by ore transporters.
To establish eligibility for compensation under this subpart, a
claimant or eligible surviving beneficiary of a claimant must establish
each of the following:
(a) The claimant was employed as an ore transporter in a specified
state;
(b) The claimant was so employed for at least one year (12
consecutive or cumulative months) during the period beginning on
January 1, 1942, and ending on December 31, 1971; and
(c) The claimant contracted primary lung cancer, a nonmalignant
respiratory disease, primary renal cancer, or chronic renal disease
(including nephritis and kidney tubal tissue injury) following at least
one year of such employment.
Sec. 79.63 Proof of employment as an ore transporter.
(a) The Department will accept, as proof of employment for the time
period indicated, information contained in any of the following
records:
(1) Records created by or gathered by the Public Health Service
(PHS) in the course of any health studies of uranium workers during or
including the period 1942-1990;
(2) Records of a uranium worker census performed by the PHS at
various times during the period 1942-1990;
(3) Records of the Atomic Energy Commission (AEC), or any of its
successor agencies; and
(4) Records of federally supported, health-related studies of
uranium workers.
(b) The employment history for the time period indicated in such
records will be presumed to be correct. If the claimant or eligible
surviving beneficiary wishes to contest the accuracy of such records,
then the claimant or eligible surviving beneficiary may provide one or
more of the records identified in paragraph (c) of this section, and
the Assistant Director will determine whether the employment history
indicated in the records listed in paragraph (a) of this section is
correct.
(c) If the sources in paragraph (a) of this section do not contain
information regarding the claimant's ore transporting employment
history, do not contain sufficient information to establish employment
for at least one year as an ore transporter during the specified time
period to qualify under Sec. 79.62(b), or if a claimant or eligible
surviving beneficiary wishes to contest the
[[Page 13655]]
accuracy of such records, then the claimant or eligible surviving
beneficiary may submit records from any of the following sources, which
the Assistant Director shall consider (in addition to any sources
listed in paragraph (a) of this section) in order to determine whether
the claimant has established the requisite employment history:
(1) Records of any of the specified states, including records of
state regulatory agencies, containing information on uranium ore
transporters and ore-transporting companies;
(2) Records of any business entity that owned or operated an ore-
transporting company, or its successor-in-interest;
(3) Records of the Social Security Administration reflecting the
identity of the employer, the years and quarters of employment, and the
wages received during each quarter;
(4) Federal or state income tax records that contain relevant
statements regarding the claimant's employer and wages;
(5) Records containing factual findings by any governmental
judicial body, state worker's compensation board, or any governmental
administrative body adjudicating the claimant's rights to any type of
benefits (which will be accepted only to prove the fact of and duration
of employment as an ore transporter);
(6) Statements in medical records created during the period 1942-
1971 indicating or identifying the claimant's employer and occupation;
(7) Records of an academic or scholarly study, not conducted in
anticipation of or in connection with any litigation, and completed
prior to 1990; or
(8) Any other contemporaneous record that indicates or identifies
the claimant's occupation or employer.
(d) To the extent that the documents submitted from the sources
identified in this section do not so indicate, the claimant or eligible
surviving beneficiary must set forth under oath on the standard claim
form the following information, if known:
(1) The name or other identifying symbol of each employer for which
the claimant worked during the time period identified in the documents;
(2) The name of each mine or mill from which uranium or uranium-
vanadium ore was transported;
(3) The county and state in which each mine or mill was located;
(4) The actual time period the claimant worked as an ore
transporter; and
(5) The method of transportation used to transport the ore.
(e) The Program may, for the purpose of verifying information
submitted pursuant to this section, require the claimant or any
eligible surviving beneficiary to provide an authorization to release
any record identified in this section, in accordance with the
provisions of Sec. 79.72(c).
(f) In determining whether a claimant satisfies the employment
criteria of the Act, the Assistant Director shall resolve all
reasonable doubt in favor of the claimant. If the Assistant Director
concludes that the claimant has not satisfied the employment
requirements of the Act, the claimant or eligible surviving beneficiary
will be notified and afforded the opportunity, in accordance with the
provisions of Sec. 79.72(c), to submit additional records to establish
that the statutory employment criteria are satisfied.
Sec. 79.64 Proof of primary lung cancer.
(a) In determining whether a claimant developed primary lung cancer
following pertinent employment as an ore transporter, the Assistant
Director shall resolve all reasonable doubt in favor of the claimant. A
conclusion that a claimant developed primary lung cancer must be
supported by medical documentation. To prove that a claimant developed
primary lung cancer, the claimant or beneficiary may submit any form of
medical documentation specified in paragraph (e) of this section. In
all cases, the Program will review submitted medical documentation, and
will, in addition and where appropriate, review any pertinent records
discovered within the sources identified in paragraphs (b), (c), and
(d) of this section.
(b) Where appropriate, the Radiation Exposure Compensation Program
will search the records of the PHS (including NIOSH), created or
gathered during the course of any health study of uranium workers
conducted or being conducted by these agencies, to determine whether
those records contain proof of the claimant's medical condition. (In
cases where the claimant is deceased, the Program will accept as proof
of medical condition the verification of the PHS or NIOSH that it
possesses medical records or abstracts of medical records of the
claimant that contain a verified diagnosis of primary lung cancer.)
(c) If a claimant was diagnosed as having primary lung cancer in
Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, and the
claimant or eligible surviving beneficiary submits with the claim an
Authorization To Release Medical or Other Information, valid in the
state of diagnosis, that authorizes the Radiation Exposure Compensation
Program to contact the appropriate state cancer or tumor registry, the
Program will, where appropriate, request the relevant information from
that registry and will review records that it obtains from the
registry. (In cases where the claimant is deceased, the Program will
accept as proof of medical condition verification from the state cancer
or tumor registry that it possesses medical records or abstracts of
medical records of the claimant that contain a verified diagnosis of
primary lung cancer.)
(d) If medical records regarding the claimant were gathered during
the course of any federally supported, health-related study of uranium
workers, and the claimant or eligible surviving beneficiary submits
with the claim an Authorization To Release Medical or Other Information
that authorizes the Program to contact the custodian of the records of
the study to determine if proof of the claimant's medical condition is
contained in the records of the study, the Program will, where
appropriate, request such records from that custodian and will review
records that it obtains from the custodian. (In cases where the
claimant is deceased, the Program will accept as proof of the
claimant's medical condition such medical records or abstracts of
medical records containing a verified diagnosis of primary lung
cancer.)
(e) A claimant or beneficiary may submit any of the following forms
of medical documentation in support of a claim that the claimant
contracted lung cancer. Such documentation will be most useful where it
contains an explicit statement of diagnosis or such other information
or data from which the appropriate authorities at the National Cancer
Institute can make a diagnosis to a reasonable degree of medical
certainty:
(1) Pathology report of tissue biopsy, including, but not limited
to, specimens obtained by any of the following methods:
(i) Surgical resection;
(ii) Endoscopic endobronchial or transbronchial biopsy;
(iii) Bronchial brushings and washings;
(iv) Pleural fluid cytology;
(v) Fine needle aspirate;
(vi) Pleural biopsy; or
(vii) Sputum cytology;
(2) Autopsy report;
(3) Bronchoscopy report;
(4) One of the following summary medical reports:
(i) Physician summary report;
(ii) Hospital discharge summary report;
(iii) Operative report;
[[Page 13656]]
(iv) Radiation therapy summary report; or
(v) Oncology summary or consultation report;
(5) Reports of radiographic studies, including:
(i) X-rays of the chest;
(ii) Chest tomograms;
(iii) Computer-assisted tomography (CT); or
(iv) Magnetic resonance imaging (MRI); or
(6) Death certificate, provided that it is signed by a physician at
the time of death.
Sec. 79.65 Proof of nonmalignant respiratory disease.
(a) In determining whether a claimant developed a nonmalignant
respiratory disease following pertinent employment as an ore
transporter, the Assistant Director shall resolve all reasonable doubt
in favor of the claimant. A conclusion that a claimant developed a
nonmalignant respiratory disease must be supported by medical
documentation. In cases where the claimant is deceased, the claimant's
beneficiary may submit any form of medical documentation specified in
paragraph (d)(1) of this section, and for proof of cor pulmonale must
also submit one or more forms of documentation specified in paragraph
(d)(2). A living claimant must at a minimum submit the medical
documentation required in paragraph (d)(3) of this section, and for
proof of cor pulmonale must also submit one or more forms of
documentation specified in paragraph (d)(2). In all cases, the Program
will review submitted medical documentation, and will, in addition and
where appropriate, review any pertinent records discovered within the
sources referred to in paragraphs (b) and (c) of this section. With
respect to a deceased claimant, the Program will treat as equivalent to
a diagnosis of pulmonary fibrosis any diagnosis of ``restrictive lung
disease'' made by a physician employed by the Indian Health Service.
(b) Where appropriate, the Radiation Exposure Compensation Program
will search the records of the PHS (including NIOSH), created or
gathered during the course of any health study of uranium workers
conducted or being conducted by these agencies, to determine whether
those records contain proof of the claimant's medical condition. (In
cases where the claimant is deceased, the Program will accept as proof
of medical condition the verification of the PHS or NIOSH that it
possesses medical records or abstracts of medical records of the
claimant that contain a verified diagnosis of a nonmalignant
respiratory disease.)
(c) If medical records regarding the claimant were gathered during
the course of any federally supported, health-related study of uranium
workers, and the claimant or eligible surviving beneficiary submits
with the claim an Authorization To Release Medical or Other Information
that authorizes the Program to contact the custodian of the records of
the study to determine if proof of the claimant's medical condition is
contained in the records of the study, the Program will, where
appropriate, request such records from that custodian and will review
records that it obtains from the custodian. (In cases where the
claimant is deceased, the Program will accept as proof of the
claimant's medical condition such medical records or abstracts of
medical records containing a verified diagnosis of a nonmalignant
respiratory disease.)
(d)(1) A claimant or beneficiary may submit any of the following
forms of medical documentation in support of a claim that the claimant
contracted a nonmalignant respiratory disease, including pulmonary
fibrosis, fibrosis of the lung, cor pulmonale related to fibrosis of
the lung, silicosis and pneumoconiosis:
(i) Pathology report of tissue biopsy;
(ii) Autopsy report;
(iii) If an x-ray exists, the x-ray and interpretive reports of the
x-ray by a maximum of two NIOSH certified ``B'' readers classifying the
existence of disease of category 1/0 or higher according to a 1989
report of the International Labor Office (known as the ``ILO''), or
subsequent revisions;
(iv) If no x-rays exist, an x-ray report;
(v) Physician summary report;
(vi) Hospital discharge summary report;
(vii) Hospital admitting report;
(viii) Death certificate, provided that it is signed by a physician
at the time of death; or
(ix) Documentation specified in paragraphs (d)(3)(i) and (d)(3)(ii)
of this section.
(2) In order to demonstrate that the claimant developed cor
pulmonale related to fibrosis of the lung, the claimant or beneficiary
must, at a minimum, submit one or more of the following medical
records:
(i) Right heart catheterization;
(ii) Cardiology summary or consultation report;
(iii) Electrocardiogram;
(iv) Echocardiogram;
(v) Physician summary report;
(vi) Hospital discharge summary report;
(vii) Autopsy report;
(viii) Report of physical examination; or
(ix) Death certificate, provided that it is signed by a physician
at the time of death.
(3) Notwithstanding any other documentation provided, a living
claimant must at a minimum provide the following medical documentation:
(i) Either:
(A) An arterial blood gas study administered at rest in a sitting
position, or an exercise arterial blood gas test, reflecting values
equal to or less than the values set forth in the tables in appendix B
to this part; or
(B) A written diagnosis by a physician in accordance with Sec.
79.61(s); and
(ii) One of the following:
(A) A chest x-ray administered in accordance with standard
techniques accompanied by interpretive reports of the x-ray by a
maximum of two NIOSH certified ``B'' readers, classifying the existence
of disease of category 1/0 or higher according to a 1989 report of the
International Labor Office (known as the ``ILO''), or subsequent
revisions;
(B) High-resolution computed tomography scans (commonly known as
``HRCT scans''), including computer-assisted tomography scans (commonly
known as ``CAT scans''), magnetic resonance imaging scans (commonly
known as ``MRI scans''), and positron emission tomography scans
(commonly known as ``PET scans''), and interpretive reports of such
scans;
(C) Pathology reports of tissue biopsies; or
(D) Pulmonary function tests indicating restrictive lung function
and consisting of three reproducible time/volume tracings recording the
results of the forced expiratory volume in one second (FEV1) and the
forced vital capacity (FVC) administered and reported in accordance
with the Standardization of Spirometry--1994 Update by the American
Thoracic Society, and reflecting values for FEV1 or FVC that are less
than or equal to the lower limit of normal for an individual of the
claimant's age, sex, height, and ethnicity as set forth in the tables
in appendix A to this part.
(e) The Assistant Director shall treat any documentation described
in paragraph (d)(3)(i)(B) or paragraph (d)(3)(ii)(A) of this section as
conclusive evidence of the claimant's nonmalignant respiratory disease;
provided, however, that the Program may subject such documentation to a
fair and random audit to guarantee its authenticity and reliability for
purposes of treating it as conclusive evidence; and provided further
that, in order to be treated as
[[Page 13657]]
conclusive evidence, a written diagnosis described in paragraph
(d)(3)(i)(B) must be by a physician who is employed by the Indian
Health Service or the Department of Veterans Affairs or who is board
certified (as described in Sec. 79.61(s)), and who must have a
documented, ongoing physician-patient relationship with the claimant.
Notwithstanding the conclusive effect given to certain evidence,
nothing in this paragraph shall be construed as relieving a living
claimant of the obligation to provide the Program with the forms of
documentation required under paragraph (d)(3).
Sec. 79.66 Proof of primary renal cancer.
(a) In determining whether a claimant developed primary renal
cancer following pertinent employment as an ore transporter, the
Assistant Director shall resolve all reasonable doubt in favor of the
claimant. A conclusion that a claimant developed primary renal cancer
must be supported by medical documentation. In all cases, the Program
will review submitted medical documentation, and, in addition and where
appropriate, will review any pertinent records discovered within the
sources referred to in paragraphs (b) and (c) of this section.
(b) Where appropriate, the Radiation Exposure Compensation Program
will search the records of the PHS (including NIOSH), created or
gathered during the course of any health study of uranium workers
conducted or being conducted by these agencies, to determine whether
those records contain proof of the claimant's medical condition. (In
cases where the claimant is deceased, the Program will accept as proof
of medical condition the verification of the PHS or NIOSH that it
possesses medical records or abstracts of medical records of the
claimant that contain a verified diagnosis of primary renal cancer.)
(c) If a claimant was diagnosed as having primary renal cancer in
Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, and the
claimant or eligible surviving beneficiary submits with the claim an
Authorization To Release Medical or Other Information, valid in the
state of diagnosis, that authorizes the Radiation Exposure Compensation
Program to contact the appropriate state cancer or tumor registry, the
Program will, where appropriate, request the relevant information from
that registry and will review records that it obtains from the
registry. (In cases where the claimant is deceased, the Program will
accept as proof of medical condition verification from the state cancer
or tumor registry that it possesses medical records or abstracts of
medical records of the claimant that contain a verified diagnosis of
primary renal cancer.)
(d) If medical records regarding the claimant were gathered during
the course of any federally supported, health-related study of uranium
workers, and the claimant or eligible surviving beneficiary submits
with the claim an Authorization To Release Medical or Other Information
that authorizes the Program to contact the custodian of the records of
the study to determine if proof of the claimant's medical condition is
contained in the records of the study, the Program will, where
appropriate, request such records from that custodian and will review
records that it obtains from the custodian. (In cases where the
claimant is deceased, the Program will accept as proof of the
claimant's medical condition such medical records or abstracts of
medical records containing a verified diagnosis of primary renal
cancer.)
(e) A claimant or beneficiary may submit any of the following forms
of medical documentation in support of a claim that the claimant
contracted primary renal cancer. Such documentation will be most useful
where it contains an explicit statement of diagnosis or such other
information or data from which the appropriate authorities at the
National Cancer Institute can make a diagnosis to a reasonable degree
of medical certainty:
(1) Pathology report of tissue biopsy or resection;
(2) Autopsy report;
(3) One of the following summary medical reports:
(i) Physician summary report;
(ii) Hospital discharge summary report;
(iii) Operative report;
(iv) Radiotherapy summary report; or
(v) Medical oncology summary or consultation report;
(4) Report of one of the following radiology examinations:
(i) Computerized tomography (CT) scan;
(ii) Magnetic resonance imaging (MRI); or
(5) Death certificate, provided that it is signed by a physician at
the time of death.
Sec. 79.67 Proof of chronic renal disease.
(a) In determining whether a claimant developed chronic renal
disease following pertinent employment as an ore transporter, the
Assistant Director shall resolve all reasonable doubt in favor of the
claimant. A conclusion that a claimant developed chronic renal disease
must be supported by medical documentation.
(b) A claimant or beneficiary may submit any of the following forms
of medical documentation in support of a claim that the claimant
contracted chronic renal disease.
(1) Pathology report of tissue biopsy;
(2) If laboratory or radiographic tests exist:
(i) Abnormal plasma creatinine values;
(ii) Abnormal glomerular filtration rate (by either measured
creatinine or iothalamate clearance or calculated by MDRD equation);
and
(iii) Renal tubular dysfunction as evidenced by:
(A) Glycosuria in the absence of diabetes mellitus;
(B) Proteinuria less than one gram daily without other known
etiology; or
(C) Hyperphosphaturia, aminoaciduria, B-2 microglobinuria or
alkaline phosphaturia or other marker of proximal tubular injury; or
(iv) Radiographic evidence of chronic renal disease;
(3) Autopsy report;
(4) Physician summary report;
(5) Hospital discharge summary report;
(6) Hospital admitting report; or
(7) Death certificate, provided that it is signed by a physician at
the time of death.
Subpart H--Procedures
Sec. 79.70 Attorney General's delegation of authority.
(a) An Assistant Director within the Constitutional and Specialized
Torts Staff, Torts Branch, Civil Division, shall be assigned to manage
the Radiation Exposure Compensation Program and issue a decision on
each claim filed under the Act, and otherwise act on behalf of the
Attorney General in all other matters relating to the administration of
the Program, except for rulemaking authority. The Assistant Director
may delegate any of his or her responsibilities under the regulations
in this part to an attorney working under the supervision of the
Assistant Director.
(b) The Assistant Attorney General, Civil Division, shall designate
an Appeals Officer to act on appeals from the Assistant Director's
decisions.
Sec. 79.71 Filing of claims.
(a) All claims for compensation under the Act must be in writing
and submitted on a standard claim form designated by the Assistant
Director for the filing of compensation claims. Except as specifically
provided in this part, the claimant or eligible surviving beneficiary
must furnish the medical
[[Page 13658]]
documentation required by this part with his or her standard form.
Except as specifically provided in this part, the claimant or eligible
surviving beneficiary must also provide with the standard form any
records establishing the claimant's physical presence in an affected
area, onsite participation, employment in a uranium mine or mill, or
employment as an ore transporter, in accordance with this part. The
standard claim form must be completed, signed under oath either by a
person eligible to file a claim under the Act or by that person's legal
guardian, and mailed with supporting documentation to the following
address: Radiation Exposure Compensation Program, U.S. Department of
Justice, P.O. Box 146, Ben Franklin Station, Washington, DC 20044-0146.
Copies of the standard form, as well as the regulations, guidelines,
and other information, may be obtained by requesting the document or
publications from the Assistant Director at that address or by
accessing the Program's Web site at http://www.usdoj.gov/civil/reca.
(b) The Assistant Director will file a claim after receipt of the
standard form with supporting documentation and examination for
substantial compliance with this part. The date of filing shall be
recorded by a stamp on the face of the standard form. The Assistant
Director shall file only claims that substantially comply with
paragraph (a) of this section. If a claim substantially fails to comply
with paragraph (a), the Assistant Director shall promptly return the
claim unfiled to the sender with a statement identifying the reason(s)
why the claim does not comply with this part. The sender may return the
claim to the Assistant Director after correcting the deficiencies. For
those cases that are filed, the Assistant Director shall promptly
acknowledge receipt of the claim with a letter identifying the number
assigned to the claim, the date the claim was filed, and the period
within which the Assistant Director must act on the claim.
(c) The following persons or their legal guardians are eligible to
file claims for compensation under the Act in the following order:
(1) The claimant;
(2) If the claimant is deceased, the spouse of the claimant,
provided that he or she was married to the claimant for at least one
year immediately prior to the claimant's death;
(3) If there is no surviving spouse or if the spouse is ineligible
because he or she was not married to the claimant for at least one year
immediately prior to the claimant's death, a child of the claimant;
(4) If there is no eligible surviving spouse and no child, a parent
of the claimant;
(5) If there is no eligible surviving spouse and no child or
parent, a grandchild of the claimant; or
(6) If there is no eligible surviving spouse and no child, parent
or grandchild, a grandparent of the claimant.
(7) Only the beneficiaries listed in this paragraph (c) are
eligible to file a claim on behalf of the claimant.
(d) The identity of the claimant must be established by submitting
a birth certificate or one of the other documents identified in Sec.
79.14(a) when the person has no birth certificate. Additionally,
documentation demonstrating any and all name changes must be provided.
(e)(1) The spouse of a claimant must establish his or her
eligibility to file a claim by furnishing:
(i) His or her birth certificate and, if applicable, documentation
demonstrating any and all name changes;
(ii) The birth and death certificates of the claimant;
(iii) One of the following documents to establish a marriage to the
claimant:
(A) The public record of marriage;
(B) A certificate of marriage;
(C) The religious record of marriage; or
(D) A judicial or other governmental determination that a valid
marriage existed, such as the final opinion or order of a probate court
or a determination of the Social Security Administration that the
person filing the claim is the spouse of the decedent;
(iv) A death certificate or divorce decree for each spouse of the
claimant (if applicable); and
(v) An affidavit (or declaration under oath on the standard claim
form) stating that the spouse was married to the claimant for at least
one year immediately prior to the claimant's death.
(2) If the spouse is a member of an Indian Tribe, he or she need
not provide any of the documents listed in paragraph (e)(1) of this
section at the time the claim is filed (although these records may
later be required), but should instead furnish a signed release of
private information that the Assistant Director will use to obtain a
statement of verification of all of the information listed in paragraph
(e)(1) directly from the tribal records custodian. In identifying those
individuals eligible to receive compensation by virtue of marriage,
relationship, or survivorship, the Assistant Director shall, to the
maximum extent practicable, take into consideration and give effect to
established law, tradition, and custom of the particular affected
Indian Tribe.
(f)(1) A child of a claimant must establish his or her eligibility
to file a claim by furnishing:
(i) His or her birth certificate and, if applicable, documentation
demonstrating any and all name changes;
(ii) The birth and death certificates of the claimant;
(iii) One of the documents listed in paragraph (e)(1)(iii) of this
section to establish each marriage of the claimant (if applicable);
(iv) A death certificate or divorce decree for each spouse of the
claimant (if applicable);
(v) A death certificate for each of the other children of the
claimant (if applicable);
(vi) An affidavit (or declaration under oath on the standard claim
form) stating the following:
(A) That the claimant was never married, or, if the claimant was
ever married, the name of each spouse, the date each marriage began and
ended, and the date and place of divorce or death of the last spouse of
the claimant; and
(B) That the claimant had no other children, or, if the claimant
did have other children, the name of each child, the date and place of
birth of each child, and the date and place of death or current address
of each child; and
(vii) One of the following:
(A) In the case of a natural child, a birth certificate showing
that the claimant was the child's parent, or a judicial decree
identifying the claimant as the child's parent;
(B) In the case of an adopted child, the judicial decree of
adoption; or
(C) In the case of a stepchild, evidence of birth to the spouse of
the claimant as outlined in paragraph (f)(1)(vii) of this section, and
records reflecting that the stepchild lived with the claimant in a
regular parent-child relationship.
(2) If the child is a member of an Indian Tribe, he or she need not
provide any of the documents listed in paragraph (f)(1) of this section
at the time the claim is filed (although these records may later be
required), but should instead furnish a signed release of private
information that the Assistant Director will use to obtain a statement
of verification of all of the information listed in paragraph (f)(1)
directly from the tribal records custodian. In identifying those
individuals eligible to receive compensation by virtue of survivorship,
the Assistant Director shall, to the maximum extent practicable, take
into consideration and give effect to established law, tradition,
[[Page 13659]]
and custom of the particular affected Indian Tribe.
(g)(1) A parent of a claimant must establish his or her eligibility
to file a claim by furnishing:
(i) His or her birth certificate and, if applicable, documentation
demonstrating any and all name changes;
(ii) The birth and death certificates of the claimant;
(iii) One of the documents listed in paragraph (e)(1)(iii) of this
section to establish each marriage of the claimant (if applicable);
(iv) A death certificate or divorce decree for each spouse of the
claimant (if applicable);
(v) A death certificate for each child of the claimant (if
applicable);
(vi) A death certificate for the other parent(s) (if applicable);
(vii) An affidavit (or declaration under oath on the standard claim
form) stating the following:
(A) That the claimant was never married, or, if the claimant was
ever married, the name of each spouse, the date each marriage began and
ended, and the date and place of divorce or death of the last spouse of
the claimant;
(B) That the claimant had no children, or, if the claimant did have
children, the name of each child, the date and place of birth of each
child, and the date and place of death of each child; and
(C) The name and address, or date and place of death, of the other
parent(s) of the claimant; and
(viii) One of the following:
(A) In the case of a natural parent, a birth certificate showing
that the claimant was the parent's child, or a judicial decree
identifying the claimant as the parent's child; or
(B) In the case of an adoptive parent, the judicial decree of
adoption.
(2) If the parent is a member of an Indian Tribe, he or she need
not provide any of the documents listed in paragraph (g)(1) of this
section at the time the claim is filed (although these records may
later be required), but should instead furnish a signed release of
private information that the Assistant Director will use to obtain a
statement of verification of all of the information listed in paragraph
(g)(1) directly from the tribal records custodian. In identifying those
individuals eligible to receive compensation by virtue of survivorship,
the Assistant Director shall, to the maximum extent practicable, take
into consideration and give effect to established law, tradition, and
custom of the particular affected Indian Tribe.
(h)(1) A grandchild of a claimant must establish his or her
eligibility to file a claim by furnishing:
(i) His or her birth certificate and, if applicable, documentation
demonstrating any and all name changes;
(ii) The birth and death certificates of the claimant;
(iii) One of the documents listed in paragraph (e)(1)(iii) of this
section to establish each marriage of the claimant (if applicable);
(iv) A death certificate or divorce decree for each spouse of the
claimant (if applicable);
(v) A death certificate for each child of the claimant;
(vi) A death certificate for each parent of the claimant;
(vii) A death certificate for each of the other grandchildren of
the claimant (if applicable);
(viii) An affidavit (or declaration under oath on the standard
claim form) stating the following:
(A) That the claimant was never married, or, if the claimant was
ever married, the name of each spouse, the date each marriage began and
ended, and the date and place of divorce or death of the last spouse of
the claimant;
(B) The name of each child, the date and place of birth of each
child, and the date and place of death of each child;
(C) The names of each parent of the claimant together with the
dates and places of death of each parent; and
(D) That the claimant had no other grandchildren, or, if the
claimant did have other grandchildren, the name of each grandchild, the
date and place of birth of each grandchild, and the date and place of
death or current address of each grandchild; and
(ix) One of the following:
(A) In the case of a natural grandchild, a combination of birth
certificates showing that the claimant was the grandchild's
grandparent;
(B) In the case of an adopted grandchild, a combination of judicial
records and birth certificates showing that the claimant was the
grandchild's grandparent; or
(C) In the case of a stepgrandchild, evidence of birth to the
spouse of the child of the claimant, as outlined in this paragraph
(h)(1), and records reflecting that the stepchild lived with a child of
the claimant in a regular parent-child relationship; or evidence of
birth to the spouse of the stepchild of the claimant or the stepchild
of the claimant, as outlined in this paragraph (h)(1), and records
reflecting that the stepchild of the claimant lived with the claimant
in a regular parent-child relationship.
(2) If the grandchild is a member of an Indian Tribe, he or she
need not provide any of the documents listed in paragraph (h)(1) of
this section at the time the claim is filed (although these records may
later be required), but should instead furnish a signed release of
private information that the Assistant Director will use to obtain a
statement of verification of all of the information listed in paragraph
(h)(1) directly from the tribal records custodian. In identifying those
individuals eligible to receive compensation by virtue of survivorship,
the Assistant Director shall, to the maximum extent practicable, take
into consideration and give effect to established law, tradition, and
custom of the particular affected Indian Tribe.
(i)(1) A grandparent of the claimant must establish his or her
eligibility to file a claim by furnishing:
(i) His or her birth certificate and, if applicable, documentation
demonstrating any and all name changes;
(ii) The birth and death certificates of the claimant;
(iii) One of the documents listed in paragraph (e)(1)(iii) of this
section to establish each marriage of the claimant (if applicable);
(iv) A death certificate or divorce decree for each spouse of the
claimant (if applicable);
(v) A death certificate for each child of the claimant (if
applicable);
(vi) A death certificate for each parent of the claimant;
(vii) A death certificate for each grandchild of the claimant (if
applicable);
(viii) A death certificate for each of the other grandparents of
the claimant (if applicable);
(ix) An affidavit stating the following:
(A) That the claimant was never married, or if the claimant was
ever married, the name of each spouse, the date each marriage began and
ended, and the date and place of divorce or death of the last spouse of
the claimant;
(B) That the claimant had no children, or, if the claimant did have
children, the name of each child, the date and place of birth of each
child, and the date and place of death of each child;
(C) The names of each parent of the claimant together with the
dates and places of death of each parent;
(D) That the claimant had no grandchildren, or, if the claimant did
have grandchildren, the name of each grandchild, the date and place of
birth of each grandchild, and the date and place of death of each
grandchild; and
(E) The names of all other grandparents of the claimant together
with the dates and places of birth of each grandparent, and the dates
and places of death of each other
[[Page 13660]]
grandparent or the current address of each other grandparent; and
(x) One of the following:
(A) In the case of a natural grandparent, a combination of birth
certificates showing that the claimant was the grandparent's
grandchild;
(B) In the case of an adoptive grandparent, a combination of
judicial records and birth certificates showing that the claimant was
the grandparent's grandchild.
(2) If the grandparent is a member of an Indian Tribe, he or she
need not provide any of the documents listed in paragraph (i)(1) of
this section at the time the claim is filed (although these records may
later be required), but should instead furnish a signed release of
private information that the Assistant Director will use to obtain a
statement of verification of all of the information listed in paragraph
(i)(1) directly from the tribal records custodian. In identifying those
individuals eligible to receive compensation by virtue of survivorship,
the Assistant Director shall, to the maximum extent practicable, take
into consideration and give effect to established law, tradition, and
custom of the particular affected Indian Tribe.
(j) A claim that was filed and denied may be filed again in those
cases where the claimant or eligible surviving beneficiary obtains
documentation that he or she did not possess when the claim was filed
previously and that redresses the deficiency for which the claim was
denied, including, where applicable, documentation addressing:
(1) An injury specified in the Act;
(2) Residency in the affected area;
(3) Onsite participation in a nuclear test;
(4) Exposure to 40 WLMs of radiation while employed in a uranium
mine or mines during the designated time period;
(5) Employment for one year (12 consecutive or cumulative months)
as a miner, miller or ore transporter; or
(6) The identity of the claimant and/or the eligible surviving
beneficiary.
(k) A claimant or eligible surviving beneficiary may not refile a
claim more than three times. Claims filed prior to July 10, 2000, will
not be included in determining the number of claims filed.
Sec. 79.72 Review and resolution of claims.
(a) Initial review. The Assistant Director shall conduct an initial
review of each claim that has been filed to determine whether:
(1) The person submitting the claim represents that he or she is an
eligible surviving beneficiary in those cases where the claimant is
deceased;
(2) The medical condition identified in the claim is a disease
specified in the Act for which the claimant or eligible surviving
beneficiary could recover compensation;
(3) For claims submitted under subparts B and C of this part, as
relevant, the period and place of physical presence set forth in the
claim falls within the designated time period and affected areas
identified in Sec. 79.11;
(4) For claims submitted under subparts B and D of this part, as
relevant, the place and period of onsite participation set forth in the
claim falls within the places and times set forth in Sec. 79.11 and
Sec. 79.31; and
(5) For claims submitted under subparts E, F, and G of this part,
the period and place of uranium mining, mill working or ore
transporting set forth in the claim falls within the designated time
period and specified states identified in Sec. Sec. 79.41, 79.51, and
79.61. If the Assistant Director determines from the initial review
that any one of the applicable criteria is not met, or that any other
criterion of this part is not met, the Assistant Director shall so
advise the claimant or eligible surviving beneficiary in writing,
setting forth the reasons for the determination, and allow the claimant
or eligible surviving beneficiary 60-days from the date of such
notification to correct any deficiency in the claim. If the claimant or
eligible surviving beneficiary fails adequately to correct the
deficiencies within the 60-day period, the Assistant Director shall,
without further review, issue a Decision denying the claim.
(b) Review of medical documentation. The Assistant Director will
examine the medical documentation submitted in support of the claim and
determine whether it satisfies the criteria for eligibility established
by the Act and this part. The Assistant Director may, for the purpose
of verifying eligibility, require the claimant or eligible surviving
beneficiary to provide an authorization to release any medical record
identified in this part. If the Assistant Director determines that the
documentation does not satisfy the criteria for eligibility established
by the Act and this part, the Assistant Director shall so advise the
claimant or eligible surviving beneficiary in writing, setting forth
the reason(s) for the determination, and shall allow the claimant or
eligible beneficiary 60 days from the date of notification, or such
greater period as the Assistant Director permits, to furnish additional
medical documentation that meets the requirements of the Act and this
part. Where appropriate, the Assistant Director may require the
claimant or eligible surviving beneficiary to provide an authorization
to release additional records. If the claimant or eligible beneficiary
fails, within 60 days or the greater period approved by the Assistant
Director, to provide sufficient medical documentation or a valid
release when requested by the Assistant Director, then the Assistant
Director shall, without further review, issue a Decision denying the
claim.
(c) Review of the records. The Assistant Director will examine the
other records submitted in support of the claim to prove those matters
set forth in all other sections of the Act and this part, and will
determine whether such records satisfy all other criteria for
eligibility. For the purposes of verifying such eligibility, the
Assistant Director may require the claimant or eligible surviving
beneficiary to provide an authorization to release any record
identified in this part. If the Assistant Director determines that the
records do not satisfy the criteria for eligibility established by the
Act and this part, the Assistant Director shall so advise the claimant
or eligible surviving beneficiary in writing, setting forth the reasons
for the determination, and shall provide the claimant or eligible
surviving beneficiary 60 days from the date of notification, or such
greater period as the Assistant Director permits, to furnish additional
records to satisfy the requirements of the Act and this part. Where
appropriate, the Assistant Director may require the claimant or
eligible surviving beneficiary to provide an authorization to release
additional records as an alternative to, or in addition to, the
claimant or eligible beneficiary furnishing such additional records. If
the claimant or eligible beneficiary fails within 60 days or the
greater period approved by the Assistant Director, to provide
sufficient records or a valid release when requested by the Assistant
Director, then the Assistant Director shall, without further review,
issue a Decision denying the claim.
(d) Decision. The Assistant Director shall review each claim and
issue a written Decision on each claim within 12 months of the date the
claim was filed. The Assistant Director may request from any claimant,
or from any individual or entity on behalf of the claimant, any
relevant additional information or documentation necessary to complete
the determination of eligibility under paragraphs (a), (b), or (c) of
this section. The period beginning on the date on which the Assistant
Director makes a request for such additional information or
documentation and ending on the date on which the claimant or
individual or
[[Page 13661]]
entity acting on behalf of the claimant submits that information or
documentation (or informs the Assistant Director that it is not
possible to provide that information or that the claimant or individual
or entity will not provide that information) shall not apply to the 12-
month period. Any Decision denying a claim shall set forth reason(s)
for the denial, shall indicate that the Decision of the Assistant
Director may be appealed to the Assistant Attorney General, Civil
Division, in writing within 60 days of the date of the Decision, or
such greater period as may be permitted by the Assistant Attorney
General, Civil Division, and shall identify the address to which the
appeal should be sent.
Sec. 79.73 Appeals procedures.
(a) An appeal must be in writing and must be received by the
Radiation Exposure Compensation Program within 60 days of the date of
the Decision denying the claim, unless a greater period has been
permitted. Appeals must be sent to the following address: Radiation
Exposure Compensation Program, Appeal of Decision, U.S. Department of
Justice, P.O. Box 146, Ben Franklin Station, Washington, DC 20044-0146.
(b) The claimant or eligible surviving beneficiary must set forth
in the appeal the reason(s) why he or she believes that the Decision of
the Assistant Director is incorrect.
(c) Upon receipt of an appeal, the Radiation Exposure Compensation
Program shall forward the appeal, the Decision, the claim, and all
supporting documentation to the Appeals Officer for action on the
appeal. If the appeal is not received within the 60-day period, or such
greater period as may be permitted, the appeal may be denied without
further review.
(d) The Appeals Officer shall review any appeal and other
information forwarded by the Program. Within 90 days after the receipt
of an appeal, the Appeals Officer shall issue a Memorandum either
affirming or reversing the Assistant Director's Decision or, when
appropriate, remanding the claim to the Assistant Director for further
action. The Memorandum shall include a statement of the reason(s) for
such reversal, affirmance, or remand. The Memorandum and all papers
relating to the claim shall be returned to the Radiation Exposure
Compensation Program, which shall promptly inform the claimant or
eligible surviving beneficiary of the action of the Appeals Officer. A
Memorandum affirming or reversing the Assistant Director's Decision
shall be deemed to be the final action of the Department of Justice on
the claim.
(e) Before seeking judicial review of a decision denying a claim
under the Act, an individual must first seek review by the designated
Appeals Officer. Once the appeals procedures are completed, an
individual whose claim for compensation under the Act is affirmed on
appeal may seek judicial review in a district court of the United
States.
Sec. 79.74 Representatives and attorney's fees.
(a) Representation. In submitting and presenting a claim to the
Program, a claimant or beneficiary may, but need not, be represented by
an attorney or by a representative of an Indian Tribe or tribal
organization. Non-attorneys (other than representatives of an Indian
Tribe or tribal organization) are not permitted to represent claimants
or beneficiaries before the Program. To the extent that resources are
available, the Assistant Director will provide assistance to all
persons who file claims for compensation. Only qualified attorneys, as
described in paragraph (c) of this section, may receive from a claimant
or beneficiary any fee in connection with a successful claim.
(b) Fees. (1) Notwithstanding any contract, the attorney of a
claimant or beneficiary, along with any assistants or experts retained
by the attorney on behalf of the claimant or beneficiary, may not
receive from a claimant or beneficiary any fee for services rendered,
including costs incurred, in connection with an unsuccessful claim.
(2) Notwithstanding any contract and except as provided in
paragraph (b)(3) of this section, the attorney of a claimant or
beneficiary, along with any assistants or experts retained by the
attorney on behalf of the claimant or beneficiary, may receive from a
claimant or beneficiary no more than 2% of the total award for all
services rendered, including costs incurred, in connection with a
successful claim.
(3)(i) If an attorney entered into a contract with the claimant or
beneficiary for services before July 10, 2000, with respect to a
particular claim, then that attorney may receive up to 10% of the total
award for services rendered, including costs incurred, in connection
with a successful claim.
(ii) If an attorney resubmits a previously denied claim, then that
attorney may receive up to 10% of the total award to the claimant or
beneficiary for services rendered, including costs incurred, in
connection with that subsequently successful claim. Resubmission of a
previously denied claim includes only those claims that were previously
denied and refiled under the Act.
(4) Any violation of paragraph (b) of this section shall result in
a fine of not more than $5,000.
(c) Attorney qualifications. An attorney may not represent a
claimant or beneficiary unless the attorney is engaged in the private
practice of law and an active member in good standing of the bar of the
highest court of a state. Attorneys who are members of multiple state
bars, and who are suspended, sanctioned, disbarred, or disqualified
from the practice of law for professional misconduct in one state may
not represent a claimant or beneficiary even though the attorney
continues to remain in good standing of the bar of another state. If a
claimant or beneficiary is represented by an attorney, then the
attorney must submit the following documents to the Program along with
the claim:
(1) A statement of the attorney's active membership in good
standing of the bar of the highest court of a state; and
(2) A signed representation agreement, retainer agreement, fee
agreement, or contract, documenting the attorney's authorization to
represent the claimant or beneficiary. The document must acknowledge
that the Act's fee limitations are satisfied.
Sec. 79.75 Procedures for payment of claims.
(a) All awards for compensation are made in the form of one time
lump sum payments and shall be made to the claimant or to the legal
guardian of the claimant, unless the claimant is deceased at the time
of the payment. In cases involving a claimant who is deceased, payment
shall be made to each eligible surviving beneficiary or to the legal
guardian acting on his or her behalf, in accordance with the terms and
conditions specified in the Act. Once the Program has received the
claimant's or eligible surviving beneficiary's election to accept the
payment, the Assistant Director shall ensure that the claim is paid
within six weeks. All time frames for processing claims under the Act
are suspended during periods when the Radiation Trust Fund is not
funded.
(b) In cases involving the approval of a claim, the Assistant
Director shall take all necessary and appropriate steps to determine
the correct amount of any offset to be made to the amount awarded under
the Act and to verify the identity of the claimant or, in the case of a
deceased claimant, the existence of eligible surviving beneficiaries
who are entitled by the Act to receive the payment the claimant would
have
[[Page 13662]]
received. The Assistant Director may conduct any investigation, and may
require any claimant or eligible surviving beneficiary to provide or
execute any affidavit, record, or document or authorize the release of
any information the Assistant Director deems necessary to ensure that
the compensation payment is made in the correct amount and to the
correct person(s). If the claimant or eligible surviving beneficiary
fails or refuses to execute an affidavit or release of information, or
to provide a record or document requested, or fails to provide access
to information, such failure or refusal may be deemed to be a rejection
of the payment, unless the claimant or eligible surviving beneficiary
does not have and cannot obtain the legal authority to provide, release
or authorize access to the required information, records or documents.
(c) Prior to authorizing payment, the Assistant Director shall
require the claimant or each eligible surviving beneficiary to execute
and provide an affidavit (or declaration under oath on the standard
claim form) setting forth the amount of any payment made pursuant to a
final award or settlement on a claim (other than a claim for worker's
compensation), against any person, that is based on injuries incurred
by the claimant on account of:
(1) Exposure to radiation from an atmospheric detonation of a
nuclear device while present in an affected area (as defined in Sec.
79.11(a)) at any time during the periods described in Sec. 79.11(c) or
Sec. 79.11(h);
(2) Exposure to radiation while participating onsite in an
atmospheric detonation of a nuclear device (as defined in Sec.
79.11(b)) at any time during the periods described in Sec. 79.11(h)
(This paragraph (c) only applies to claims filed under section
4(a)(1)(A)(i)(III) of the Act); or
(3) Exposure to radiation during employment in a uranium mine at
any time during the period described in section 5 of the Act. For
purposes of this paragraph, a ``claim'' includes, but is not limited
to, any request or demand for money made or sought in a civil action or
made or sought in anticipation of the filing of a civil action, but
shall not include requests or demands made pursuant to a life insurance
or health insurance contract. If any such award or settlement payment
was made, the Assistant Director shall subtract the sum of such award
or settlement payments from the payment to be made under the Act.
(d) In the case of a claim filed under section 4(a)(2)(C) of the
Act, the Assistant Director shall require the claimant or each eligible
surviving beneficiary to execute and provide an affidavit (or
declaration under oath on the standard claim form) setting forth the
amount of any payment made pursuant to a final award or settlement on a
claim (other than a claim for worker's compensation) against any person
or any payment made by the Department of Veterans Affairs, that is
based on injuries incurred by the claimant on account of exposure to
radiation as a result of onsite participation in a test involving the
atmospheric detonation of a nuclear device. For purposes of this
paragraph, a ``claim'' includes, but is not limited to, any request or
demand for money made or sought in a civil action or made or sought in
anticipation of a civil action, but shall not include requests or
demands made pursuant to a life-or health-insurance contract.
(1) Payments by the Department of Veterans Affairs shall include:
(i) Any disability payments or compensation benefits paid to the
claimant and his or her dependents while the claimant is alive; and
(ii) Any Dependency and Indemnity Compensation payments made to
survivors due to death related to the illness for which the claim under
the Act is submitted.
(2) Payments by the Department of Veterans Affairs shall not
include:
(i) Active duty pay, retired pay, retainer pay, or payments under
the Survivor Benefits Plan;
(ii) Death gratuities;
(iii) SGLI, VGLI, or mortgage, life, or health insurance payments;
(iv) Burial benefits or reimbursement for burial expenses;
(v) Loans or loan guarantees;
(vi) Education benefits and payments;
(vii) Vocational rehabilitation benefits and payments;
(viii) Medical, hospital, and dental benefits; or
(ix) Commissary and PX privileges.
(e) If any such award, settlement, or payment was made as described
in paragraphs (c) or (d) of this section, the Assistant Director shall
calculate the actuarial present value of such payment(s), and subtract
the actuarial present value from the payment to be made under the Act.
The actuarial present value shall be calculated using the worksheet in
appendix C to this part in the following manner:
(1) Step 1. The sums of the past payments received in each year are
entered in the appropriate rows in column (2). Additional rows will be
added as needed to calculate the present value of payments received in
the years prior to 1960 and after 1990.
(2) Step 2. The present CPI-U (to be obtained monthly from the
Bureau of Labor Statistics, Department of Labor) is entered in column
(3).
(3) Step 3. The CPI (Major Expenditure Classes--All Items) for each
year in which payments were received is entered in the appropriate row
in column (4). (This measure is provided for 1960 through 1990. The
measure for subsequent years will be obtained from the Bureau of Labor
Statistics.)
(4) Step 4. For each row, the amount in column (2) is multiplied by
the corresponding inflator (column (3) divided by column (4)) and the
product is entered in column (5).
(5) Step 5. The products in column (5) are added together and the
sum is entered on the line labeled ``Total of column (5) equals
actuarial present value of past payments.''
(6) Step 6. The sum in Step 5 is subtracted from the statutory
payment of $75,000 and the remainder is entered on the line labeled
``Net Claim Owed To Claimant.''
(f) When the Assistant Director has verified the identity of the
claimant or each eligible surviving beneficiary who is entitled to the
compensation payment or to a share of the compensation payment, and has
determined the correct amount of the payment or the share of the
payment, he or she shall notify the claimant or each eligible surviving
beneficiary, or his or her legal guardian, and require such person(s)
to sign an Acceptance of Payment Form. Such form shall be signed and
returned within 60 days of the date of the form or such greater period
as may be allowed by the Assistant Director. Failure to return the
signed form within the required time may be deemed to be a rejection of
the payment. Signing and returning the form within the required time
shall constitute acceptance of the payment, unless the individual who
has signed the form dies prior to receiving the actual payment, in
which case the person who possesses the payment shall return it to the
Assistant Director for redetermination of the correct disbursement of
the payment.
(g) Rejected compensation payments or shares of compensation
payments shall not be distributed to other eligible surviving
beneficiaries, but shall be returned to the Trust Fund for use in
paying other claims.
(h) Upon receipt of the Acceptance of Payment Form, the Assistant
Director or the Constitutional and Specialized Torts Staff Director or
Deputy Director, or their designee, shall authorize the appropriate
authorities to issue a check to the claimant or to each eligible
[[Page 13663]]
surviving beneficiary who has accepted payment out of the funds
appropriated for this purpose.
(i) Multiple payments. (1) No claimant may receive payment under
more than one subpart of this part for illnesses that he or she
contracted. In addition to one payment for his or her illnesses, he or
she may also receive one payment for each claimant for whom he or she
qualifies as an eligible surviving beneficiary.
(2) An eligible surviving beneficiary who is not also a claimant
may receive one payment for each claimant for whom he or she qualifies
as an eligible surviving beneficiary.
Appendix A to Part 79--FVC and FEV-1 Lower Limits of Normal Values
Table 1.--Caucasian Males FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: -0.1933 + (0.00064)(age) + (-0.000269)(age \2\) + (0.00015695)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.96 2.91 2.85 2.79 2.74 2.67 2.61 2.55 2.48 2.41 2.34 2.26 2.19 2.11 2.03 1.94 1.86
61.5 156.2 3.02 2.97 2.91 2.86 2.80 2.74 2.67 2.61 2.54 2.47 2.40 2.33 2.25 2.17 2.09 2.01 1.92
62.0 157.5 3.09 3.03 2.98 2.92 2.86 2.80 2.74 2.67 2.61 2.54 2.46 2.39 2.31 2.23 2.15 2.07 1.99
62.5 158.8 3.15 3.10 3.04 2.99 2.93 2.87 2.80 2.74 2.67 2.60 2.53 2.45 2.38 2.30 2.22 2.14 2.05
63.0 160.0 3.21 3.16 3.10 3.05 2.99 2.93 2.86 2.80 2.73 2.66 2.59 2.51 2.44 2.36 2.28 2.20 2.11
63.5 161.3 3.28 3.22 3.17 3.11 3.05 2.99 2.93 2.86 2.80 2.73 2.65 2.58 2.50 2.43 2.34 2.26 2.18
64.0 162.6 3.34 3.29 3.23 3.18 3.12 3.06 2.99 2.93 2.86 2.79 2.72 2.65 2.57 2.49 2.41 2.33 2.24
64.5 163.8 3.40 3.35 3.30 3.24 3.18 3.12 3.06 2.99 2.92 2.85 2.78 2.71 2.63 2.55 2.47 2.39 2.30
65.0 165.1 3.47 3.42 3.36 3.31 3.25 3.19 3.12 3.06 2.99 2.92 2.85 2.77 2.70 2.62 2.54 2.46 2.37
65.5 166.4 3.54 3.48 3.43 3.37 3.31 3.25 3.19 3.12 3.06 2.99 2.91 2.84 2.76 2.69 2.61 2.52 2.44
66.0 167.6 3.60 3.55 3.50 3.44 3.38 3.32 3.26 3.19 3.12 3.05 2.98 2.91 2.83 2.75 2.67 2.59 2.50
66.5 168.9 3.67 3.62 3.56 3.51 3.45 3.39 3.32 3.26 3.19 3.12 3.05 2.97 2.90 2.82 2.74 2.66 2.57
67.0 170.2 3.74 3.69 3.63 3.57 3.52 3.45 3.39 3.33 3.26 3.19 3.12 3.04 2.97 2.89 2.81 2.72 2.64
67.5 171.5 3.81 3.76 3.70 3.64 3.59 3.52 3.46 3.40 3.33 3.26 3.19 3.11 3.04 2.96 2.88 2.79 2.71
68.0 172.7 3.87 3.82 3.77 3.71 3.65 3.59 3.53 3.46 3.39 3.32 3.25 3.18 3.10 3.02 2.94 2.86 2.77
68.5 174.0 3.94 3.89 3.84 3.78 3.72 3.66 3.60 3.53 3.46 3.39 3.32 3.25 3.17 3.09 3.01 2.93 2.85
69.0 175.3 4.02 3.96 3.91 3.85 3.79 3.73 3.67 3.60 3.53 3.47 3.39 3.32 3.24 3.16 3.08 3.00 2.92
69.5 176.5 4.08 4.03 3.97 3.92 3.86 3.80 3.73 3.67 3.60 3.53 3.46 3.39 3.31 3.23 3.15 3.07 2.98
70.0 177.8 4.15 4.10 4.05 3.99 3.93 3.87 3.81 3.74 3.67 3.60 3.53 3.46 3.38 3.30 3.22 3.14 3.06
70.5 179.1 4.23 4.17 4.12 4.06 4.00 3.94 3.88 3.81 3.75 3.68 3.60 3.53 3.45 3.38 3.30 3.21 3.13
71.0 180.3 4.29 4.24 4.19 4.13 4.07 4.01 3.95 3.88 3.81 3.74 3.67 3.60 3.52 3.44 3.36 3.28 3.20
71.5 181.6 4.37 4.32 4.26 4.20 4.15 4.08 4.02 3.96 3.89 3.82 3.75 3.67 3.60 3.52 3.44 3.35 3.27
72.0 182.9 4.44 4.39 4.34 4.28 4.22 4.16 4.10 4.03 3.96 3.89 3.82 3.75 3.67 3.59 3.51 3.43 3.34
72.5 184.2 4.52 4.46 4.41 4.35 4.29 4.23 4.17 4.10 4.04 3.97 3.90 3.82 3.75 3.67 3.59 3.50 3.42
73.0 185.4 4.59 4.53 4.48 4.42 4.36 4.30 4.24 4.17 4.11 4.04 3.97 3.89 3.81 3.74 3.66 3.57 3.49
73.5 186.7 4.66 4.61 4.56 4.50 4.44 4.38 4.32 4.25 4.18 4.11 4.04 3.97 3.89 3.81 3.73 3.65 3.56
74.0 188.0 4.74 4.69 4.63 4.58 4.52 4.46 4.39 4.33 4.26 4.19 4.12 4.04 3.97 3.89 3.81 3.73 3.64
74.5 189.2 4.81 4.76 4.70 4.65 4.59 4.53 4.46 4.40 4.33 4.26 4.19 4.11 4.04 3.96 3.88 3.80 3.71
75.0 190.5 4.89 4.84 4.78 4.72 4.66 4.60 4.54 4.48 4.41 4.34 4.27 4.19 4.12 4.04 3.96 3.87 3.79
75.5 191.8 4.97 4.91 4.86 4.80 4.74 4.68 4.62 4.55 4.49 4.42 4.34 4.27 4.19 4.12 4.03 3.95 3.87
76.0 193.0 5.04 4.99 4.93 4.87 4.82 4.75 4.69 4.63 4.56 4.49 4.42 4.34 4.27 4.19 4.11 4.02 3.94
76.5 194.3 5.12 5.06 5.01 4.95 4.89 4.83 4.77 4.70 4.64 4.57 4.50 4.42 4.35 4.27 4.19 4.10 4.02
77.0 195.6 5.20 5.14 5.09 5.03 4.97 4.91 4.85 4.78 4.72 4.65 4.57 4.50 4.42 4.35 4.27 4.18 4.10
77.5 196.9 5.28 5.22 5.17 5.11 5.05 4.99 4.93 4.86 4.80 4.73 4.66 4.58 4.50 4.43 4.35 4.26 4.18
78.0 198.1 5.35 5.30 5.24 5.19 5.13 5.07 5.00 4.94 4.87 4.80 4.73 4.66 4.58 4.50 4.42 4.34 4.25
78.5 199.4 5.43 5.38 5.33 5.27 5.21 5.15 5.09 5.02 4.95 4.88 4.81 4.74 4.66 4.58 4.50 4.42 4.33
79.0 200.7 5.51 5.46 5.41 5.35 5.29 5.23 5.17 5.10 5.03 4.96 4.89 4.82 4.74 4.66 4.58 4.50 4.42
79.5 201.9 5.59 5.54 5.48 5.43 5.37 5.31 5.24 5.18 5.11 5.04 4.97 4.89 4.82 4.74 4.66 4.58 4.49
80.0 203.2 5.67 5.62 5.57 5.51 5.45 5.39 5.33 5.26 5.19 5.12 5.05 4.98 4.90 4.82 4.74 4.66 4.57
80.5 204.5 5.76 5.70 5.65 5.59 5.53 5.47 5.41 5.34 5.28 5.21 5.13 5.06 4.98 4.91 4.82 4.74 4.66
81.0 205.7 5.83 5.78 5.73 5.67 5.61 5.55 5.49 5.42 5.35 5.28 5.21 5.14 5.06 4.98 4.90 4.82 4.73
81.5 207.0 5.92 5.86 5.81 5.75 5.69 5.63 5.57 5.50 5.44 5.37 5.30 5.22 5.15 5.07 4.99 4.90 4.82
82.0 208.3 6.00 5.95 5.89 5.84 5.78 5.72 5.65 5.59 5.52 5.45 5.38 5.31 5.23 5.15 5.07 4.99 4.90
82.5 209.6 6.09 6.03 5.98 5.92 5.86 5.80 5.74 5.67 5.61 5.54 5.47 5.39 5.32 5.24 5.16 5.07 4.99
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 1A.--Caucasian Males FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: 0.5536 + (-0.01303)(age) + (-0.000172)(age \2\) + (0.00011607)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.29 2.23 2.16 2.10 2.04 1.97 1.90 1.84 1.76 1.69 1.62 1.55 1.47 1.39 1.32 1.24 1.15
61.5 156.2 2.33 2.27 2.21 2.15 2.08 2.02 1.95 1.88 1.81 1.74 1.67 1.59 1.52 1.44 1.36 1.28 1.20
62.0 157.5 2.38 2.32 2.26 2.20 2.13 2.07 2.00 1.93 1.86 1.79 1.71 1.64 1.57 1.49 1.41 1.33 1.25
62.5 158.8 2.43 2.37 2.31 2.24 2.18 2.11 2.05 1.98 1.91 1.84 1.76 1.69 1.61 1.54 1.46 1.38 1.30
63.0 160.0 2.47 2.41 2.35 2.29 2.22 2.16 2.09 2.02 1.95 1.88 1.81 1.73 1.66 1.58 1.50 1.42 1.34
63.5 161.3 2.52 2.46 2.40 2.34 2.27 2.21 2.14 2.07 2.00 1.93 1.86 1.78 1.71 1.63 1.55 1.47 1.39
64.0 162.6 2.57 2.51 2.45 2.39 2.32 2.25 2.19 2.12 2.05 1.98 1.90 1.83 1.75 1.68 1.60 1.52 1.44
64.5 163.8 2.62 2.56 2.49 2.43 2.37 2.30 2.23 2.16 2.09 2.02 1.95 1.88 1.80 1.72 1.64 1.56 1.48
65.0 165.1 2.67 2.61 2.54 2.48 2.42 2.35 2.28 2.21 2.14 2.07 2.00 1.93 1.85 1.77 1.69 1.61 1.53
65.5 166.4 2.71 2.65 2.59 2.53 2.46 2.40 2.33 2.26 2.19 2.12 2.05 1.97 1.90 1.82 1.74 1.66 1.58
66.0 167.6 2.76 2.70 2.64 2.58 2.51 2.45 2.38 2.31 2.24 2.17 2.10 2.02 1.95 1.87 1.79 1.71 1.63
[[Page 13664]]
66.5 168.9 2.81 2.75 2.69 2.63 2.56 2.50 2.43 2.36 2.29 2.22 2.15 2.07 2.00 1.92 1.84 1.76 1.68
67.0 170.2 2.86 2.80 2.74 2.68 2.61 2.55 2.48 2.41 2.34 2.27 2.20 2.12 2.05 1.97 1.89 1.81 1.73
67.5 171.5 2.92 2.86 2.79 2.73 2.67 2.60 2.53 2.46 2.39 2.32 2.25 2.18 2.10 2.02 1.94 1.86 1.78
68.0 172.7 2.96 2.90 2.84 2.78 2.71 2.65 2.58 2.51 2.44 2.37 2.30 2.22 2.15 2.07 1.99 1.91 1.83
68.5 174.0 3.02 2.96 2.89 2.83 2.77 2.70 2.63 2.56 2.49 2.42 2.35 2.28 2.20 2.12 2.04 1.96 1.88
69.0 175.3 3.07 3.01 2.95 2.88 2.82 2.75 2.69 2.62 2.55 2.48 2.40 2.33 2.25 2.18 2.10 2.02 1.94
69.5 176.5 3.12 3.06 3.00 2.93 2.87 2.80 2.73 2.67 2.60 2.52 2.45 2.38 2.30 2.22 2.15 2.07 1.99
70.0 177.8 3.17 3.11 3.05 2.99 2.92 2.86 2.79 2.72 2.65 2.58 2.50 2.43 2.36 2.28 2.20 2.12 2.04
70.5 179.1 3.23 3.16 3.10 3.04 2.98 2.91 2.84 2.77 2.70 2.63 2.56 2.48 2.41 2.33 2.25 2.17 2.09
71.0 180.3 3.28 3.21 3.15 3.09 3.03 2.96 2.89 2.82 2.75 2.68 2.61 2.53 2.46 2.38 2.30 2.22 2.14
71.5 181.6 3.33 3.27 3.21 3.14 3.08 3.01 2.95 2.88 2.81 2.74 2.66 2.59 2.51 2.44 2.36 2.28 2.20
72.0 182.9 3.38 3.32 3.26 3.20 3.13 3.07 3.00 2.93 2.86 2.79 2.72 2.64 2.57 2.49 2.41 2.33 2.25
72.5 184.2 3.44 3.38 3.32 3.25 3.19 3.12 3.06 2.99 2.92 2.85 2.77 2.70 2.62 2.55 2.47 2.39 2.31
73.0 185.4 3.49 3.43 3.37 3.31 3.24 3.18 3.11 3.04 2.97 2.90 2.83 2.75 2.68 2.60 2.52 2.44 2.36
73.5 186.7 3.55 3.49 3.43 3.36 3.30 3.23 3.16 3.10 3.03 2.95 2.88 2.81 2.73 2.65 2.58 2.50 2.42
74.0 188.0 3.60 3.54 3.48 3.42 3.35 3.29 3.22 3.15 3.08 3.01 2.94 2.86 2.79 2.71 2.63 2.55 2.47
74.5 189.2 3.66 3.60 3.53 3.47 3.41 3.34 3.27 3.20 3.13 3.06 2.99 2.92 2.84 2.76 2.69 2.61 2.52
75.0 190.5 3.71 3.65 3.59 3.53 3.46 3.40 3.33 3.26 3.19 3.12 3.05 2.97 2.90 2.82 2.74 2.66 2.58
75.5 191.8 3.77 3.71 3.65 3.59 3.52 3.46 3.39 3.32 3.25 3.18 3.11 3.03 2.96 2.88 2.80 2.72 2.64
76.0 193.0 3.83 3.77 3.70 3.64 3.58 3.51 3.44 3.37 3.30 3.23 3.16 3.08 3.01 2.93 2.85 2.77 2.69
76.5 194.3 3.88 3.82 3.76 3.70 3.63 3.57 3.50 3.43 3.36 3.29 3.22 3.14 3.07 2.99 2.91 2.83 2.75
77.0 195.6 3.94 3.88 3.82 3.76 3.69 3.63 3.56 3.49 3.42 3.35 3.28 3.20 3.13 3.05 2.97 2.89 2.81
77.5 196.9 4.00 3.94 3.88 3.82 3.75 3.69 3.62 3.55 3.48 3.41 3.34 3.26 3.19 3.11 3.03 2.95 2.87
78.0 198.1 4.06 4.00 3.93 3.87 3.81 3.74 3.67 3.61 3.53 3.46 3.39 3.32 3.24 3.16 3.09 3.01 2.92
78.5 199.4 4.12 4.06 3.99 3.93 3.87 3.80 3.73 3.67 3.59 3.52 3.45 3.38 3.30 3.22 3.15 3.07 2.98
79.0 200.7 4.18 4.12 4.06 3.99 3.93 3.86 3.79 3.73 3.66 3.58 3.51 3.44 3.36 3.28 3.21 3.13 3.05
79.5 201.9 4.23 4.17 4.11 4.05 3.98 3.92 3.85 3.78 3.71 3.64 3.57 3.49 3.42 3.34 3.26 3.18 3.10
80.0 203.2 4.29 4.23 4.17 4.11 4.04 3.98 3.91 3.84 3.77 3.70 3.63 3.55 3.48 3.40 3.32 3.24 3.16
80.5 204.5 4.36 4.30 4.23 4.17 4.11 4.04 3.97 3.90 3.83 3.76 3.69 3.62 3.54 3.46 3.38 3.30 3.22
81.0 205.7 4.41 4.35 4.29 4.23 4.16 4.10 4.03 3.96 3.89 3.82 3.75 3.67 3.60 3.52 3.44 3.36 3.28
81.5 207.0 4.48 4.42 4.35 4.29 4.23 4.16 4.09 4.02 3.95 3.88 3.81 3.73 3.66 3.58 3.50 3.42 3.34
82.0 208.3 4.54 4.48 4.42 4.35 4.29 4.22 4.15 4.09 4.02 3.94 3.87 3.80 3.72 3.64 3.57 3.49 3.41
82.5 209.6 4.60 4.54 4.48 4.42 4.35 4.29 4.22 4.15 4.08 4.01 3.93 3.86 3.79 3.71 3.63 3.55 3.47
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2.--Caucasian Females FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: -0.356 + (0.0187)(age) + (-0.000382)(age \2\) + (0.00012198)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.57 2.53 2.49 2.44 2.40 2.34 2.29 2.23 2.17 2.11 2.04 1.97 1.90 1.82 1.75 1.66 1.58
61.5 156.2 2.62 2.58 2.54 2.49 2.44 2.39 2.34 2.28 2.22 2.16 2.09 2.02 1.95 1.87 1.80 1.71 1.63
62.0 157.5 2.67 2.63 2.59 2.54 2.49 2.44 2.39 2.33 2.27 2.21 2.14 2.07 2.00 1.92 1.84 1.76 1.68
62.5 158.8 2.72 2.68 2.64 2.59 2.54 2.49 2.44 2.38 2.32 2.26 2.19 2.12 2.05 1.97 1.90 1.81 1.73
63.0 160.0 2.77 2.73 2.68 2.64 2.59 2.54 2.49 2.43 2.37 2.30 2.24 2.17 2.10 2.02 1.94 1.86 1.78
63.5 161.3 2.82 2.78 2.74 2.69 2.64 2.59 2.54 2.48 2.42 2.36 2.29 2.22 2.15 2.07 1.99 1.91 1.83
64.0 162.6 2.87 2.83 2.79 2.74 2.69 2.64 2.59 2.53 2.47 2.41 2.34 2.27 2.20 2.12 2.04 1.96 1.88
64.5 163.8 2.92 2.88 2.83 2.79 2.74 2.69 2.64 2.58 2.52 2.45 2.39 2.32 2.25 2.17 2.09 2.01 1.93
65.0 165.1 2.97 2.93 2.89 2.84 2.79 2.74 2.69 2.63 2.57 2.51 2.44 2.37 2.30 2.22 2.14 2.06 1.98
65.5 166.4 3.02 2.98 2.94 2.89 2.85 2.79 2.74 2.68 2.62 2.56 2.49 2.42 2.35 2.27 2.20 2.11 2.03
66.0 167.6 3.07 3.03 2.99 2.94 2.90 2.85 2.79 2.73 2.67 2.61 2.54 2.47 2.40 2.33 2.25 2.17 2.08
66.5 168.9 3.12 3.08 3.04 3.00 2.95 2.90 2.84 2.79 2.73 2.66 2.60 2.53 2.45 2.38 2.30 2.22 2.13
67.0 170.2 3.18 3.14 3.10 3.05 3.00 2.95 2.90 2.84 2.78 2.72 2.65 2.58 2.51 2.43 2.35 2.27 2.19
67.5 171.5 3.23 3.19 3.15 3.10 3.06 3.01 2.95 2.89 2.83 2.77 2.70 2.63 2.56 2.49 2.41 2.32 2.24
68.0 172.7 3.28 3.24 3.20 3.16 3.11 3.06 3.00 2.94 2.88 2.82 2.75 2.68 2.61 2.54 2.46 2.38 2.29
68.5 174.0 3.34 3.30 3.26 3.21 3.16 3.11 3.06 3.00 2.94 2.88 2.81 2.74 2.67 2.59 2.51 2.43 2.35
69.0 175.3 3.39 3.35 3.31 3.27 3.22 3.17 3.11 3.05 2.99 2.93 2.86 2.79 2.72 2.65 2.57 2.49 2.40
69.5 176.5 3.44 3.40 3.36 3.32 3.27 3.22 3.16 3.11 3.05 2.98 2.92 2.85 2.77 2.70 2.62 2.54 2.45
70.0 177.8 3.50 3.46 3.42 3.37 3.32 3.27 3.22 3.16 3.10 3.04 2.97 2.90 2.83 2.75 2.68 2.59 2.51
70.5 179.1 3.56 3.52 3.47 3.43 3.38 3.33 3.28 3.22 3.16 3.09 3.03 2.96 2.89 2.81 2.73 2.65 2.57
71.0 180.3 3.61 3.57 3.53 3.48 3.43 3.38 3.33 3.27 3.21 3.15 3.08 3.01 2.94 2.86 2.78 2.70 2.62
71.5 181.6 3.67 3.63 3.58 3.54 3.49 3.44 3.39 3.33 3.27 3.20 3.14 3.07 3.00 2.92 2.84 2.76 2.68
72.0 182.9 3.72 3.68 3.64 3.60 3.55 3.50 3.44 3.39 3.33 3.26 3.20 3.13 3.05 2.98 2.90 2.82 2.73
72.5 184.2 3.78 3.74 3.70 3.66 3.61 3.56 3.50 3.44 3.38 3.32 3.25 3.18 3.11 3.04 2.96 2.88 2.79
73.0 185.4 3.84 3.80 3.75 3.71 3.66 3.61 3.56 3.50 3.44 3.37 3.31 3.24 3.17 3.09 3.01 2.93 2.85
73.5 186.7 3.89 3.86 3.81 3.77 3.72 3.67 3.62 3.56 3.50 3.43 3.37 3.30 3.23 3.15 3.07 2.99 2.90
74.0 188.0 3.95 3.92 3.87 3.83 3.78 3.73 3.67 3.62 3.56 3.49 3.43 3.36 3.28 3.21 3.13 3.05 2.96
74.5 189.2 4.01 3.97 3.93 3.88 3.84 3.78 3.73 3.67 3.61 3.55 3.48 3.41 3.34 3.26 3.19 3.10 3.02
75.0 190.5 4.07 4.03 3.99 3.94 3.90 3.84 3.79 3.73 3.67 3.61 3.54 3.47 3.40 3.32 3.25 3.16 3.08
75.5 191.8 4.13 4.09 4.05 4.00 3.96 3.90 3.85 3.79 3.73 3.67 3.60 3.53 3.46 3.39 3.31 3.22 3.14
76.0 193.0 4.19 4.15 4.11 4.06 4.01 3.96 3.91 3.85 3.79 3.73 3.66 3.59 3.52 3.44 3.36 3.28 3.20
76.5 194.3 4.25 4.21 4.17 4.12 4.07 4.02 3.97 3.91 3.85 3.79 3.72 3.65 3.58 3.50 3.42 3.34 3.26
77.0 195.6 4.31 4.27 4.23 4.18 4.14 4.08 4.03 3.97 3.91 3.85 3.78 3.71 3.64 3.56 3.49 3.40 3.32
77.5 196.9 4.37 4.33 4.29 4.25 4.20 4.15 4.09 4.04 3.97 3.91 3.84 3.78 3.70 3.63 3.55 3.47 3.38
[[Page 13665]]
78.0 198.1 4.43 4.39 4.35 4.30 4.26 4.20 4.15 4.09 4.03 3.97 3.90 3.83 3.76 3.68 3.61 3.52 3.44
78.5 199.4 4.49 4.45 4.41 4.37 4.32 4.27 4.21 4.16 4.10 4.03 3.97 3.90 3.82 3.75 3.67 3.59 3.50
79.0 200.7 4.56 4.52 4.48 4.43 4.38 4.33 4.28 4.22 4.16 4.10 4.03 3.96 3.89 3.81 3.73 3.65 3.57
79.5 201.9 4.62 4.58 4.53 4.49 4.44 4.39 4.34 4.28 4.22 4.15 4.09 4.02 3.95 3.87 3.79 3.71 3.62
80.0 203.2 4.68 4.64 4.60 4.55 4.51 4.45 4.40 4.34 4.28 4.22 4.15 4.08 4.01 3.93 3.86 3.77 3.69
80.5 204.5 4.74 4.71 4.66 4.62 4.57 4.52 4.46 4.41 4.35 4.28 4.22 4.15 4.07 4.00 3.92 3.84 3.75
81.0 205.7 4.80 4.77 4.72 4.68 4.63 4.58 4.52 4.47 4.41 4.34 4.28 4.21 4.13 4.06 3.98 3.90 3.81
81.5 207.0 4.87 4.83 4.79 4.74 4.70 4.64 4.59 4.53 4.47 4.41 4.34 4.27 4.20 4.12 4.05 3.96 3.88
82.0 208.3 4.94 4.90 4.85 4.81 4.76 4.71 4.66 4.60 4.54 4.47 4.41 4.34 4.27 4.19 4.11 4.03 3.94
82.5 209.6 5.00 4.96 4.92 4.88 4.83 4.78 4.72 4.66 4.60 4.54 4.47 4.40 4.33 4.26 4.18 4.10 4.01
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2A.--Caucasian Females FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: 0.4333 + (-0.00361)(age) + (-0.000194)(age 2) + (0.00009283)(height 2)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.02 1.97 1.92 1.88 1.82 1.77 1.72 1.66 1.61 1.55 1.49 1.43 1.36 1.30 1.23 1.16 1.10
61.5 156.2 2.06 2.01 1.96 1.91 1.86 1.81 1.76 1.70 1.64 1.59 1.53 1.46 1.40 1.34 1.27 1.20 1.13
62.0 157.5 2.09 2.05 2.00 1.95 1.90 1.85 1.79 1.74 1.68 1.62 1.56 1.50 1.44 1.37 1.31 1.24 1.17
62.5 158.8 2.13 2.09 2.04 1.99 1.94 1.89 1.83 1.78 1.72 1.66 1.60 1.54 1.48 1.41 1.35 1.28 1.21
63.0 160.0 2.17 2.12 2.07 2.02 1.97 1.92 1.87 1.81 1.76 1.70 1.64 1.58 1.51 1.45 1.38 1.31 1.24
63.5 161.3 2.21 2.16 2.11 2.06 2.01 1.96 1.91 1.85 1.79 1.74 1.68 1.61 1.55 1.49 1.42 1.35 1.28
64.0 162.6 2.24 2.20 2.15 2.10 2.05 2.00 1.95 1.89 1.83 1.77 1.71 1.65 1.59 1.53 1.46 1.39 1.32
64.5 163.8 2.28 2.24 2.19 2.14 2.09 2.04 1.98 1.93 1.87 1.81 1.75 1.69 1.63 1.56 1.50 1.43 1.36
65.0 165.1 2.32 2.27 2.23 2.18 2.13 2.08 2.02 1.97 1.91 1.85 1.79 1.73 1.67 1.60 1.54 1.47 1.40
65.5 166.4 2.36 2.31 2.27 2.22 2.17 2.11 2.06 2.01 1.95 1.89 1.83 1.77 1.71 1.64 1.57 1.51 1.44
66.0 167.6 2.40 2.35 2.31 2.26 2.21 2.15 2.10 2.04 1.99 1.93 1.87 1.81 1.74 1.68 1.61 1.55 1.48
66.5 168.9 2.44 2.39 2.35 2.30 2.25 2.19 2.14 2.08 2.03 1.97 1.91 1.85 1.78 1.72 1.65 1.59 1.52
67.0 170.2 2.48 2.43 2.39 2.34 2.29 2.23 2.18 2.12 2.07 2.01 1.95 1.89 1.83 1.76 1.69 1.63 1.56
67.5 171.5 2.52 2.47 2.43 2.38 2.33 2.28 2.22 2.17 2.11 2.05 1.99 1.93 1.87 1.80 1.74 1.67 1.60
68.0 172.7 2.56 2.51 2.47 2.42 2.37 2.31 2.26 2.20 2.15 2.09 2.03 1.97 1.90 1.84 1.77 1.71 1.64
68.5 174.0 2.60 2.56 2.51 2.46 2.41 2.36 2.30 2.25 2.19 2.13 2.07 2.01 1.95 1.88 1.82 1.75 1.68
69.0 175.3 2.64 2.60 2.55 2.50 2.45 2.40 2.34 2.29 2.23 2.17 2.11 2.05 1.99 1.92 1.86 1.79 1.72
69.5 176.5 2.68 2.64 2.59 2.54 2.49 2.44 2.38 2.33 2.27 2.21 2.15 2.09 2.03 1.96 1.90 1.83 1.76
70.0 177.8 2.73 2.68 2.63 2.58 2.53 2.48 2.43 2.37 2.31 2.26 2.20 2.13 2.07 2.01 1.94 1.87 1.80
70.5 179.1 2.77 2.72 2.67 2.63 2.57 2.52 2.47 2.41 2.36 2.30 2.24 2.18 2.11 2.05 1.98 1.92 1.85
71.0 180.3 2.81 2.76 2.71 2.67 2.61 2.56 2.51 2.45 2.40 2.34 2.28 2.22 2.15 2.09 2.02 1.96 1.89
71.5 181.6 2.85 2.81 2.76 2.71 2.66 2.61 2.55 2.50 2.44 2.38 2.32 2.26 2.20 2.13 2.07 2.00 1.93
72.0 182.9 2.90 2.85 2.80 2.75 2.70 2.65 2.60 2.54 2.48 2.43 2.37 2.30 2.24 2.18 2.11 2.04 1.97
72.5 184.2 2.94 2.89 2.85 2.80 2.75 2.69 2.64 2.59 2.53 2.47 2.41 2.35 2.29 2.22 2.15 2.09 2.02
73.0 185.4 2.98 2.94 2.89 2.84 2.79 2.74 2.68 2.63 2.57 2.51 2.45 2.39 2.33 2.26 2.20 2.13 2.06
73.5 186.7 3.03 2.98 2.93 2.88 2.83 2.78 2.73 2.67 2.61 2.56 2.50 2.43 2.37 2.31 2.24 2.17 2.10
74.0 188.0 3.07 3.03 2.98 2.93 2.88 2.83 2.77 2.72 2.66 2.60 2.54 2.48 2.42 2.35 2.29 2.22 2.15
74.5 189.2 3.11 3.07 3.02 2.97 2.92 2.87 2.81 2.76 2.70 2.64 2.58 2.52 2.46 2.39 2.33 2.26 2.19
75.0 190.5 3.16 3.11 3.07 3.02 2.97 2.91 2.86 2.80 2.75 2.69 2.63 2.57 2.50 2.44 2.37 2.31 2.24
75.5 191.8 3.21 3.16 3.11 3.06 3.01 2.96 2.91 2.85 2.79 2.74 2.68 2.61 2.55 2.49 2.42 2.35 2.28
76.0 193.0 3.25 3.20 3.15 3.11 3.06 3.00 2.95 2.89 2.84 2.78 2.72 2.66 2.59 2.53 2.46 2.40 2.33
76.5 194.3 3.30 3.25 3.20 3.15 3.10 3.05 3.00 2.94 2.88 2.83 2.77 2.70 2.64 2.58 2.51 2.44 2.37
77.0 195.6 3.34 3.30 3.25 3.20 3.15 3.10 3.04 2.99 2.93 2.87 2.81 2.75 2.69 2.62 2.56 2.49 2.42
77.5 196.9 3.39 3.34 3.30 3.25 3.20 3.14 3.09 3.03 2.98 2.92 2.86 2.80 2.73 2.67 2.60 2.54 2.47
78.0 198.1 3.43 3.39 3.34 3.29 3.24 3.19 3.13 3.08 3.02 2.96 2.90 2.84 2.78 2.71 2.65 2.58 2.51
78.5 199.4 3.48 3.44 3.39 3.34 3.29 3.24 3.18 3.13 3.07 3.01 2.95 2.89 2.83 2.76 2.70 2.63 2.56
79.0 200.7 3.53 3.48 3.44 3.39 3.34 3.28 3.23 3.18 3.12 3.06 3.00 2.94 2.88 2.81 2.74 2.68 2.61
79.5 201.9 3.57 3.53 3.48 3.43 3.38 3.33 3.28 3.22 3.16 3.10 3.04 2.98 2.92 2.86 2.79 2.72 2.65
80.0 203.2 3.62 3.58 3.53 3.48 3.43 3.38 3.32 3.27 3.21 3.15 3.09 3.03 2.97 2.90 2.84 2.77 2.70
80.5 204.5 3.67 3.63 3.58 3.53 3.48 3.43 3.37 3.32 3.26 3.20 3.14 3.08 3.02 2.95 2.89 2.82 2.75
81.0 205.7 3.72 3.67 3.62 3.58 3.53 3.47 3.42 3.36 3.31 3.25 3.19 3.13 3.06 3.00 2.93 2.87 2.80
81.5 207.0 3.77 3.72 3.67 3.63 3.57 3.52 3.47 3.41 3.36 3.30 3.24 3.18 3.11 3.05 2.98 2.92 2.85
82.0 208.3 3.82 3.77 3.72 3.68 3.63 3.57 3.52 3.46 3.41 3.35 3.29 3.23 3.16 3.10 3.03 2.97 2.90
82.5 209.6 3.87 3.82 3.78 3.73 3.68 3.62 3.57 3.51 3.46 3.40 3.34 3.28 3.21 3.15 3.08 3.02 2.95
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3.--African American Males FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: -0.1517 + (-0.01821)(age) + (0.0001367)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.24 2.20 2.16 2.13 2.09 2.05 2.02 1.98 1.94 1.91 1.87 1.84 1.80 1.76 1.73 1.69 1.65
61.5 156.2 2.29 2.25 2.22 2.18 2.15 2.11 2.07 2.04 2.00 1.96 1.93 1.89 1.85 1.82 1.78 1.74 1.71
62.0 157.5 2.35 2.31 2.27 2.24 2.20 2.16 2.13 2.09 2.06 2.02 1.98 1.95 1.91 1.87 1.84 1.80 1.76
[[Page 13666]]
62.5 158.8 2.40 2.37 2.33 2.29 2.26 2.22 2.18 2.15 2.11 2.08 2.04 2.00 1.97 1.93 1.89 1.86 1.82
63.0 160.0 2.46 2.42 2.38 2.35 2.31 2.27 2.24 2.20 2.16 2.13 2.09 2.05 2.02 1.98 1.95 1.91 1.87
63.5 161.3 2.51 2.48 2.44 2.40 2.37 2.33 2.29 2.26 2.22 2.18 2.15 2.11 2.08 2.04 2.00 1.97 1.93
64.0 162.6 2.57 2.53 2.50 2.46 2.42 2.39 2.35 2.32 2.28 2.24 2.21 2.17 2.13 2.10 2.06 2.02 1.99
64.5 163.8 2.62 2.59 2.55 2.51 2.48 2.44 2.41 2.37 2.33 2.30 2.26 2.22 2.19 2.15 2.11 2.08 2.04
65.0 165.1 2.68 2.65 2.61 2.57 2.54 2.50 2.46 2.43 2.39 2.35 2.32 2.28 2.25 2.21 2.17 2.14 2.10
65.5 166.4 2.74 2.70 2.67 2.63 2.59 2.56 2.52 2.48 2.45 2.41 2.38 2.34 2.30 2.27 2.23 2.19 2.16
66.0 167.6 2.80 2.76 2.72 2.69 2.65 2.62 2.58 2.54 2.51 2.47 2.43 2.40 2.36 2.32 2.29 2.25 2.21
66.5 168.9 2.86 2.82 2.78 2.75 2.71 2.67 2.64 2.60 2.56 2.53 2.49 2.46 2.42 2.38 2.35 2.31 2.27
67.0 170.2 2.92 2.88 2.84 2.81 2.77 2.73 2.70 2.66 2.62 2.59 2.55 2.52 2.48 2.44 2.41 2.37 2.33
67.5 171.5 2.98 2.94 2.90 2.87 2.83 2.79 2.76 2.72 2.69 2.65 2.61 2.58 2.54 2.50 2.47 2.43 2.39
68.0 172.7 3.03 3.00 2.96 2.92 2.89 2.85 2.81 2.78 2.74 2.71 2.67 2.63 2.60 2.56 2.52 2.49 2.45
68.5 174.0 3.09 3.06 3.02 2.99 2.95 2.91 2.88 2.84 2.80 2.77 2.73 2.69 2.66 2.62 2.58 2.55 2.51
69.0 175.3 3.16 3.12 3.08 3.05 3.01 2.97 2.94 2.90 2.87 2.83 2.79 2.76 2.72 2.68 2.65 2.61 2.57
69.5 176.5 3.21 3.18 3.14 3.11 3.07 3.03 3.00 2.96 2.92 2.89 2.85 2.81 2.78 2.74 2.70 2.67 2.63
70.0 177.8 3.28 3.24 3.20 3.17 3.13 3.10 3.06 3.02 2.99 2.95 2.91 2.88 2.84 2.80 2.77 2.73 2.69
70.5 179.1 3.34 3.30 3.27 3.23 3.20 3.16 3.12 3.09 3.05 3.01 2.98 2.94 2.90 2.87 2.83 2.79 2.76
71.0 180.3 3.40 3.36 3.33 3.29 3.25 3.22 3.18 3.14 3.11 3.07 3.04 3.00 2.96 2.93 2.89 2.85 2.82
71.5 181.6 3.46 3.43 3.39 3.35 3.32 3.28 3.25 3.21 3.17 3.14 3.10 3.06 3.03 2.99 2.95 2.92 2.88
72.0 182.9 3.53 3.49 3.46 3.42 3.38 3.35 3.31 3.27 3.24 3.20 3.16 3.13 3.09 3.06 3.02 2.98 2.95
72.5 184.2 3.59 3.56 3.52 3.48 3.45 3.41 3.38 3.34 3.30 3.27 3.23 3.19 3.16 3.12 3.08 3.05 3.01
73.0 185.4 3.65 3.62 3.58 3.55 3.51 3.47 3.44 3.40 3.36 3.33 3.29 3.25 3.22 3.18 3.14 3.11 3.07
73.5 186.7 3.72 3.68 3.65 3.61 3.58 3.54 3.50 3.47 3.43 3.39 3.36 3.32 3.28 3.25 3.21 3.17 3.14
74.0 188.0 3.79 3.75 3.71 3.68 3.64 3.61 3.57 3.53 3.50 3.46 3.42 3.39 3.35 3.31 3.28 3.24 3.20
74.5 189.2 3.85 3.81 3.78 3.74 3.70 3.67 3.63 3.59 3.56 3.52 3.49 3.45 3.41 3.38 3.34 3.30 3.27
75.0 190.5 3.92 3.88 3.84 3.81 3.77 3.73 3.70 3.66 3.63 3.59 3.55 3.52 3.48 3.44 3.41 3.37 3.33
75.5 191.8 3.98 3.95 3.91 3.88 3.84 3.80 3.77 3.73 3.69 3.66 3.62 3.58 3.55 3.51 3.47 3.44 3.40
76.0 193.0 4.05 4.01 3.98 3.94 3.90 3.87 3.83 3.79 3.76 3.72 3.68 3.65 3.61 3.57 3.54 3.50 3.47
76.5 194.3 4.12 4.08 4.04 4.01 3.97 3.93 3.90 3.86 3.83 3.79 3.75 3.72 3.68 3.64 3.61 3.57 3.53
77.0 195.6 4.19 4.15 4.11 4.08 4.04 4.00 3.97 3.93 3.89 3.86 3.82 3.79 3.75 3.71 3.68 3.64 3.60
77.5 196.9 4.26 4.22 4.18 4.15 4.11 4.07 4.04 4.00 3.96 3.93 3.89 3.86 3.82 3.78 3.75 3.71 3.67
78.0 198.1 4.32 4.28 4.25 4.21 4.17 4.14 4.10 4.07 4.03 3.99 3.96 3.92 3.88 3.85 3.81 3.77 3.74
78.5 199.4 4.39 4.35 4.32 4.28 4.25 4.21 4.17 4.14 4.10 4.06 4.03 3.99 3.95 3.92 3.88 3.84 3.81
79.0 200.7 4.46 4.43 4.39 4.35 4.32 4.28 4.24 4.21 4.17 4.13 4.10 4.06 4.03 3.99 3.95 3.92 3.88
79.5 201.9 4.53 4.49 4.46 4.42 4.38 4.35 4.31 4.27 4.24 4.20 4.16 4.13 4.09 4.05 4.02 3.98 3.95
80.0 203.2 4.60 4.56 4.53 4.49 4.45 4.42 4.38 4.35 4.31 4.27 4.24 4.20 4.16 4.13 4.09 4.05 4.02
80.5 204.5 4.67 4.64 4.60 4.56 4.53 4.49 4.45 4.42 4.38 4.35 4.31 4.27 4.24 4.20 4.16 4.13 4.09
81.0 205.7 4.74 4.70 4.67 4.63 4.59 4.56 4.52 4.49 4.45 4.41 4.38 4.34 4.30 4.27 4.23 4.19 4.16
81.5 207.0 4.81 4.78 4.74 4.70 4.67 4.63 4.59 4.56 4.52 4.49 4.45 4.41 4.38 4.34 4.30 4.27 4.23
82.0 208.3 4.89 4.85 4.81 4.78 4.74 4.71 4.67 4.63 4.60 4.56 4.52 4.49 4.45 4.41 4.38 4.34 4.30
82.5 209.6 4.96 4.93 4.89 4.85 4.82 4.78 4.74 4.71 4.67 4.63 4.60 4.56 4.52 4.49 4.45 4.42 4.38
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3A.--African American Males FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: 0.3411 + (-0.02309)(age) + (0.00010561)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 1.74 1.70 1.65 1.61 1.56 1.51 1.47 1.42 1.37 1.33 1.28 1.24 1.19 1.14 1.10 1.05 1.00
61.5 156.2 1.79 1.74 1.69 1.65 1.60 1.56 1.51 1.46 1.42 1.37 1.32 1.28 1.23 1.19 1.14 1.09 1.05
62.0 157.5 1.83 1.78 1.74 1.69 1.64 1.60 1.55 1.51 1.46 1.41 1.37 1.32 1.28 1.23 1.18 1.14 1.09
62.5 158.8 1.87 1.83 1.78 1.73 1.69 1.64 1.60 1.55 1.50 1.46 1.41 1.36 1.32 1.27 1.23 1.18 1.13
63.0 160.0 1.91 1.87 1.82 1.77 1.73 1.68 1.64 1.59 1.54 1.50 1.45 1.41 1.36 1.31 1.27 1.22 1.17
63.5 161.3 1.96 1.91 1.87 1.82 1.77 1.73 1.68 1.63 1.59 1.54 1.50 1.45 1.40 1.36 1.31 1.26 1.22
64.0 162.6 2.00 1.96 1.91 1.86 1.82 1.77 1.72 1.68 1.63 1.59 1.54 1.49 1.45 1.40 1.36 1.31 1.26
64.5 163.8 2.04 2.00 1.95 1.90 1.86 1.81 1.77 1.72 1.67 1.63 1.58 1.54 1.49 1.44 1.40 1.35 1.30
65.0 165.1 2.09 2.04 2.00 1.95 1.90 1.86 1.81 1.77 1.72 1.67 1.63 1.58 1.53 1.49 1.44 1.40 1.35
65.5 166.4 2.13 2.09 2.04 1.99 1.95 1.90 1.86 1.81 1.76 1.72 1.67 1.62 1.58 1.53 1.49 1.44 1.39
66.0 167.6 2.18 2.13 2.09 2.04 1.99 1.95 1.90 1.85 1.81 1.76 1.72 1.67 1.62 1.58 1.53 1.48 1.44
66.5 168.9 2.22 2.18 2.13 2.08 2.04 1.99 1.95 1.90 1.85 1.81 1.76 1.71 1.67 1.62 1.58 1.53 1.48
67.0 170.2 2.27 2.22 2.18 2.13 2.08 2.04 1.99 1.95 1.90 1.85 1.81 1.76 1.71 1.67 1.62 1.58 1.53
67.5 171.5 2.32 2.27 2.22 2.18 2.13 2.09 2.04 1.99 1.95 1.90 1.85 1.81 1.76 1.72 1.67 1.62 1.58
68.0 172.7 2.36 2.31 2.27 2.22 2.17 2.13 2.08 2.04 1.99 1.94 1.90 1.85 1.81 1.76 1.71 1.67 1.62
68.5 174.0 2.41 2.36 2.31 2.27 2.22 2.18 2.13 2.08 2.04 1.99 1.95 1.90 1.85 1.81 1.76 1.71 1.67
69.0 175.3 2.46 2.41 2.36 2.32 2.27 2.22 2.18 2.13 2.09 2.04 1.99 1.95 1.90 1.85 1.81 1.76 1.72
69.5 176.5 2.50 2.45 2.41 2.36 2.31 2.27 2.22 2.18 2.13 2.08 2.04 1.99 1.95 1.90 1.85 1.81 1.76
70.0 177.8 2.55 2.50 2.46 2.41 2.36 2.32 2.27 2.23 2.18 2.13 2.09 2.04 1.99 1.95 1.90 1.86 1.81
70.5 179.1 2.60 2.55 2.50 2.46 2.41 2.37 2.32 2.27 2.23 2.18 2.14 2.09 2.04 2.00 1.95 1.90 1.86
71.0 180.3 2.64 2.60 2.55 2.50 2.46 2.41 2.37 2.32 2.27 2.23 2.18 2.13 2.09 2.04 2.00 1.95 1.90
71.5 181.6 2.69 2.65 2.60 2.55 2.51 2.46 2.42 2.37 2.32 2.28 2.23 2.18 2.14 2.09 2.05 2.00 1.95
72.0 182.9 2.74 2.70 2.65 2.60 2.56 2.51 2.47 2.42 2.37 2.33 2.28 2.23 2.19 2.14 2.10 2.05 2.00
72.5 184.2 2.79 2.75 2.70 2.65 2.61 2.56 2.52 2.47 2.42 2.38 2.33 2.29 2.24 2.19 2.15 2.10 2.05
73.0 185.4 2.84 2.79 2.75 2.70 2.66 2.61 2.56 2.52 2.47 2.42 2.38 2.33 2.29 2.24 2.19 2.15 2.10
73.5 186.7 2.89 2.84 2.80 2.75 2.71 2.66 2.61 2.57 2.52 2.48 2.43 2.38 2.34 2.29 2.24 2.20 2.15
[[Page 13667]]
74.0 188.0 2.94 2.90 2.85 2.80 2.76 2.71 2.67 2.62 2.57 2.53 2.48 2.43 2.39 2.34 2.30 2.25 2.20
74.5 189.2 2.99 2.94 2.90 2.85 2.81 2.76 2.71 2.67 2.62 2.57 2.53 2.48 2.44 2.39 2.34 2.30 2.25
75.0 190.5 3.04 3.00 2.95 2.90 2.86 2.81 2.77 2.72 2.67 2.63 2.58 2.53 2.49 2.44 2.40 2.35 2.30
75.5 191.8 3.09 3.05 3.00 2.96 2.91 2.86 2.82 2.77 2.73 2.68 2.63 2.59 2.54 2.49 2.45 2.40 2.36
76.0 193.0 3.14 3.10 3.05 3.01 2.96 2.91 2.87 2.82 2.77 2.73 2.68 2.64 2.59 2.54 2.50 2.45 2.40
76.5 194.3 3.20 3.15 3.10 3.06 3.01 2.97 2.92 2.87 2.83 2.78 2.73 2.69 2.64 2.60 2.55 2.50 2.46
77.0 195.6 3.25 3.20 3.16 3.11 3.07 3.02 2.97 2.93 2.88 2.83 2.79 2.74 2.70 2.65 2.60 2.56 2.51
77.5 196.9 3.30 3.26 3.21 3.17 3.12 3.07 3.03 2.98 2.93 2.89 2.84 2.80 2.75 2.70 2.66 2.61 2.57
78.0 198.1 3.35 3.31 3.26 3.22 3.17 3.12 3.08 3.03 2.98 2.94 2.89 2.85 2.80 2.75 2.71 2.66 2.62
78.5 199.4 3.41 3.36 3.32 3.27 3.22 3.18 3.13 3.09 3.04 2.99 2.95 2.90 2.85 2.81 2.76 2.72 2.67
79.0 200.7 3.46 3.42 3.37 3.33 3.28 3.23 3.19 3.14 3.09 3.05 3.00 2.96 2.91 2.86 2.82 2.77 2.72
79.5 201.9 3.51 3.47 3.42 3.38 3.33 3.28 3.24 3.19 3.15 3.10 3.05 3.01 2.96 2.91 2.87 2.82 2.78
80.0 203.2 3.57 3.52 3.48 3.43 3.39 3.34 3.29 3.25 3.20 3.15 3.11 3.06 3.02 2.97 2.92 2.88 2.83
80.5 204.5 3.63 3.58 3.53 3.49 3.44 3.40 3.35 3.30 3.26 3.21 3.16 3.12 3.07 3.03 2.98 2.93 2.89
81.0 205.7 3.68 3.63 3.59 3.54 3.49 3.45 3.40 3.36 3.31 3.26 3.22 3.17 3.12 3.08 3.03 2.99 2.94
81.5 207.0 3.73 3.69 3.64 3.60 3.55 3.50 3.46 3.41 3.37 3.32 3.27 3.23 3.18 3.13 3.09 3.04 3.00
82.0 208.3 3.79 3.75 3.70 3.65 3.61 3.56 3.51 3.47 3.42 3.38 3.33 3.28 3.24 3.19 3.15 3.10 3.05
82.5 209.6 3.85 3.80 3.76 3.71 3.66 3.62 3.57 3.53 3.48 3.43 3.39 3.34 3.30 3.25 3.20 3.16 3.11
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4.--African American Females FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: -0.3039 + (0.00536)(age) + (-0.000265)(age \2\) + (0.00010916)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 1.94 1.90 1.85 1.81 1.76 1.71 1.66 1.60 1.54 1.48 1.42 1.36 1.29 1.23 1.16 1.08 1.01
61.5 156.2 1.99 1.94 1.90 1.85 1.80 1.75 1.70 1.65 1.59 1.53 1.47 1.40 1.34 1.27 1.20 1.13 1.05
62.0 157.5 2.03 1.99 1.94 1.90 1.85 1.80 1.74 1.69 1.63 1.57 1.51 1.45 1.38 1.32 1.25 1.17 1.10
62.5 158.8 2.08 2.03 1.99 1.94 1.89 1.84 1.79 1.73 1.68 1.62 1.56 1.49 1.43 1.36 1.29 1.22 1.14
63.0 160.0 2.12 2.07 2.03 1.98 1.94 1.88 1.83 1.78 1.72 1.66 1.60 1.54 1.47 1.40 1.33 1.26 1.19
63.5 161.3 2.16 2.12 2.08 2.03 1.98 1.93 1.88 1.82 1.76 1.71 1.64 1.58 1.52 1.45 1.38 1.31 1.23
64.0 162.6 2.21 2.17 2.12 2.08 2.03 1.98 1.92 1.87 1.81 1.75 1.69 1.63 1.56 1.49 1.42 1.35 1.28
64.5 163.8 2.25 2.21 2.16 2.12 2.07 2.02 1.97 1.91 1.85 1.79 1.73 1.67 1.60 1.54 1.47 1.39 1.32
65.0 165.1 2.30 2.26 2.21 2.16 2.12 2.07 2.01 1.96 1.90 1.84 1.78 1.72 1.65 1.58 1.51 1.44 1.37
65.5 166.4 2.34 2.30 2.26 2.21 2.16 2.11 2.06 2.00 1.95 1.89 1.83 1.76 1.70 1.63 1.56 1.49 1.41
66.0 167.6 2.39 2.35 2.30 2.26 2.21 2.16 2.10 2.05 1.99 1.93 1.87 1.81 1.74 1.68 1.61 1.53 1.46
66.5 168.9 2.44 2.39 2.35 2.30 2.26 2.20 2.15 2.10 2.04 1.98 1.92 1.86 1.79 1.72 1.65 1.58 1.51
67.0 170.2 2.48 2.44 2.40 2.35 2.30 2.25 2.20 2.14 2.09 2.03 1.97 1.90 1.84 1.77 1.70 1.63 1.55
67.5 171.5 2.53 2.49 2.45 2.40 2.35 2.30 2.25 2.19 2.14 2.08 2.01 1.95 1.89 1.82 1.75 1.68 1.60
68.0 172.7 2.58 2.54 2.49 2.45 2.40 2.35 2.29 2.24 2.18 2.12 2.06 2.00 1.93 1.86 1.79 1.72 1.65
68.5 174.0 2.63 2.59 2.54 2.49 2.45 2.39 2.34 2.29 2.23 2.17 2.11 2.05 1.98 1.91 1.84 1.77 1.70
69.0 175.3 2.68 2.63 2.59 2.54 2.50 2.44 2.39 2.34 2.28 2.22 2.16 2.10 2.03 1.96 1.89 1.82 1.75
69.5 176.5 2.72 2.68 2.64 2.59 2.54 2.49 2.44 2.38 2.33 2.27 2.20 2.14 2.08 2.01 1.94 1.87 1.79
70.0 177.8 2.77 2.73 2.69 2.64 2.59 2.54 2.49 2.43 2.38 2.32 2.26 2.19 2.13 2.06 1.99 1.92 1.84
70.5 179.1 2.82 2.78 2.74 2.69 2.64 2.59 2.54 2.48 2.43 2.37 2.31 2.24 2.18 2.11 2.04 1.97 1.89
71.0 180.3 2.87 2.83 2.78 2.74 2.69 2.64 2.59 2.53 2.47 2.41 2.35 2.29 2.22 2.16 2.09 2.01 1.94
71.5 181.6 2.92 2.88 2.84 2.79 2.74 2.69 2.64 2.58 2.52 2.47 2.40 2.34 2.28 2.21 2.14 2.07 1.99
72.0 182.9 2.97 2.93 2.89 2.84 2.79 2.74 2.69 2.63 2.58 2.52 2.46 2.39 2.33 2.26 2.19 2.12 2.04
72.5 184.2 3.03 2.98 2.94 2.89 2.84 2.79 2.74 2.69 2.63 2.57 2.51 2.44 2.38 2.31 2.24 2.17 2.10
73.0 185.4 3.07 3.03 2.99 2.94 2.89 2.84 2.79 2.73 2.68 2.62 2.56 2.49 2.43 2.36 2.29 2.22 2.14
73.5 186.7 3.13 3.09 3.04 2.99 2.95 2.89 2.84 2.79 2.73 2.67 2.61 2.55 2.48 2.41 2.34 2.27 2.20
74.0 188.0 3.18 3.14 3.09 3.05 3.00 2.95 2.90 2.84 2.78 2.72 2.66 2.60 2.53 2.47 2.40 2.32 2.25
74.5 189.2 3.23 3.19 3.14 3.10 3.05 3.00 2.94 2.89 2.83 2.77 2.71 2.65 2.58 2.52 2.45 2.37 2.30
75.0 190.5 3.28 3.24 3.20 3.15 3.10 3.05 3.00 2.94 2.89 2.83 2.77 2.70 2.64 2.57 2.50 2.43 2.35
75.5 191.8 3.34 3.30 3.25 3.20 3.16 3.11 3.05 3.00 2.94 2.88 2.82 2.76 2.69 2.62 2.55 2.48 2.41
76.0 193.0 3.39 3.35 3.30 3.26 3.21 3.16 3.10 3.05 2.99 2.93 2.87 2.81 2.74 2.67 2.60 2.53 2.46
76.5 194.3 3.44 3.40 3.36 3.31 3.26 3.21 3.16 3.10 3.05 2.99 2.93 2.86 2.80 2.73 2.66 2.59 2.51
77.0 195.6 3.50 3.46 3.41 3.37 3.32 3.27 3.21 3.16 3.10 3.04 2.98 2.92 2.85 2.78 2.71 2.64 2.57
77.5 196.9 3.55 3.51 3.47 3.42 3.37 3.32 3.27 3.21 3.16 3.10 3.04 2.97 2.91 2.84 2.77 2.70 2.62
78.0 198.1 3.61 3.56 3.52 3.47 3.42 3.37 3.32 3.27 3.21 3.15 3.09 3.02 2.96 2.89 2.82 2.75 2.68
78.5 199.4 3.66 3.62 3.58 3.53 3.48 3.43 3.38 3.32 3.27 3.21 3.14 3.08 3.02 2.95 2.88 2.81 2.73
79.0 200.7 3.72 3.68 3.63 3.59 3.54 3.49 3.43 3.38 3.32 3.26 3.20 3.14 3.07 3.00 2.93 2.86 2.79
79.5 201.9 3.77 3.73 3.69 3.64 3.59 3.54 3.49 3.43 3.37 3.32 3.25 3.19 3.12 3.06 2.99 2.92 2.84
80.0 203.2 3.83 3.79 3.74 3.70 3.65 3.60 3.54 3.49 3.43 3.37 3.31 3.25 3.18 3.11 3.04 2.97 2.90
80.5 204.5 3.89 3.85 3.80 3.75 3.71 3.65 3.60 3.55 3.49 3.43 3.37 3.31 3.24 3.17 3.10 3.03 2.96
81.0 205.7 3.94 3.90 3.85 3.81 3.76 3.71 3.66 3.60 3.54 3.48 3.42 3.36 3.29 3.23 3.16 3.08 3.01
81.5 207.0 4.00 3.96 3.91 3.87 3.82 3.77 3.71 3.66 3.60 3.54 3.48 3.42 3.35 3.28 3.22 3.14 3.07
82.0 208.3 4.06 4.02 3.97 3.93 3.88 3.83 3.77 3.72 3.66 3.60 3.54 3.48 3.41 3.34 3.27 3.20 3.13
82.5 209.6 4.12 4.08 4.03 3.98 3.94 3.89 3.83 3.78 3.72 3.66 3.60 3.54 3.47 3.40 3.33 3.26 3.19
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 13668]]
Table 4A.--African American Females FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: 0.3433 + (-0.01283)(age) + (-0.000097)(age \2\) + (0.00008546)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 1.53 1.49 1.44 1.39 1.35 1.30 1.25 1.20 1.15 1.10 1.05 0.99 0.94 0.89 0.83 0.77 0.72
61.5 156.2 1.57 1.52 1.48 1.43 1.38 1.33 1.28 1.24 1.18 1.13 1.08 1.03 0.97 0.92 0.87 0.81 0.75
62.0 157.5 1.60 1.56 1.51 1.46 1.42 1.37 1.32 1.27 1.22 1.17 1.12 1.06 1.01 0.96 0.90 0.84 0.79
62.5 158.8 1.64 1.59 1.55 1.50 1.45 1.40 1.35 1.31 1.25 1.20 1.15 1.10 1.04 0.99 0.94 0.88 0.82
63.0 160.0 1.67 1.62 1.58 1.53 1.48 1.44 1.39 1.34 1.29 1.24 1.18 1.13 1.08 1.02 0.97 0.91 0.86
63.5 161.3 1.71 1.66 1.61 1.57 1.52 1.47 1.42 1.37 1.32 1.27 1.22 1.17 1.11 1.06 1.00 0.95 0.89
64.0 162.6 1.74 1.70 1.65 1.60 1.56 1.51 1.46 1.41 1.36 1.31 1.26 1.20 1.15 1.09 1.04 0.98 0.93
64.5 163.8 1.77 1.73 1.68 1.64 1.59 1.54 1.49 1.44 1.39 1.34 1.29 1.24 1.18 1.13 1.07 1.02 0.96
65.0 165.1 1.81 1.77 1.72 1.67 1.63 1.58 1.53 1.48 1.43 1.38 1.33 1.27 1.22 1.16 1.11 1.05 1.00
65.5 166.4 1.85 1.80 1.76 1.71 1.66 1.61 1.57 1.52 1.46 1.41 1.36 1.31 1.26 1.20 1.15 1.09 1.03
66.0 167.6 1.88 1.84 1.79 1.75 1.70 1.65 1.60 1.55 1.50 1.45 1.40 1.35 1.29 1.24 1.18 1.13 1.07
66.5 168.9 1.92 1.87 1.83 1.78 1.74 1.69 1.64 1.59 1.54 1.49 1.43 1.38 1.33 1.27 1.22 1.16 1.11
67.0 170.2 1.96 1.91 1.87 1.82 1.77 1.72 1.68 1.63 1.58 1.52 1.47 1.42 1.37 1.31 1.26 1.20 1.14
67.5 171.5 2.00 1.95 1.90 1.86 1.81 1.76 1.71 1.66 1.61 1.56 1.51 1.46 1.40 1.35 1.29 1.24 1.18
68.0 172.7 2.03 1.99 1.94 1.89 1.85 1.80 1.75 1.70 1.65 1.60 1.55 1.49 1.44 1.38 1.33 1.27 1.22
68.5 174.0 2.07 2.02 1.98 1.93 1.88 1.84 1.79 1.74 1.69 1.64 1.58 1.53 1.48 1.42 1.37 1.31 1.26
69.0 175.3 2.11 2.06 2.02 1.97 1.92 1.87 1.83 1.78 1.73 1.67 1.62 1.57 1.52 1.46 1.41 1.35 1.29
69.5 176.5 2.14 2.10 2.05 2.01 1.96 1.91 1.86 1.81 1.76 1.71 1.66 1.61 1.55 1.50 1.44 1.39 1.33
70.0 177.8 2.18 2.14 2.09 2.05 2.00 1.95 1.90 1.85 1.80 1.75 1.70 1.65 1.59 1.54 1.48 1.43 1.37
70.5 179.1 2.22 2.18 2.13 2.09 2.04 1.99 1.94 1.89 1.84 1.79 1.74 1.68 1.63 1.58 1.52 1.47 1.41
71.0 180.3 2.26 2.21 2.17 2.12 2.07 2.03 1.98 1.93 1.88 1.83 1.77 1.72 1.67 1.61 1.56 1.50 1.45
71.5 181.6 2.30 2.26 2.21 2.16 2.12 2.07 2.02 1.97 1.92 1.87 1.81 1.76 1.71 1.65 1.60 1.54 1.49
72.0 182.9 2.34 2.30 2.25 2.20 2.16 2.11 2.06 2.01 1.96 1.91 1.86 1.80 1.75 1.69 1.64 1.58 1.53
72.5 184.2 2.38 2.34 2.29 2.24 2.20 2.15 2.10 2.05 2.00 1.95 1.90 1.84 1.79 1.74 1.68 1.62 1.57
73.0 185.4 2.42 2.37 2.33 2.28 2.23 2.19 2.14 2.09 2.04 1.99 1.93 1.88 1.83 1.77 1.72 1.66 1.61
73.5 186.7 2.46 2.42 2.37 2.32 2.28 2.23 2.18 2.13 2.08 2.03 1.98 1.92 1.87 1.81 1.76 1.70 1.65
74.0 188.0 2.50 2.46 2.41 2.36 2.32 2.27 2.22 2.17 2.12 2.07 2.02 1.96 1.91 1.86 1.80 1.74 1.69
74.5 189.2 2.54 2.50 2.45 2.40 2.36 2.31 2.26 2.21 2.16 2.11 2.06 2.00 1.95 1.89 1.84 1.78 1.73
75.0 190.5 2.58 2.54 2.49 2.45 2.40 2.35 2.30 2.25 2.20 2.15 2.10 2.04 1.99 1.94 1.88 1.83 1.77
75.5 191.8 2.63 2.58 2.53 2.49 2.44 2.39 2.34 2.29 2.24 2.19 2.14 2.09 2.03 1.98 1.92 1.87 1.81
76.0 193.0 2.67 2.62 2.57 2.53 2.48 2.43 2.38 2.33 2.28 2.23 2.18 2.13 2.07 2.02 1.96 1.91 1.85
76.5 194.3 2.71 2.66 2.62 2.57 2.52 2.48 2.43 2.38 2.33 2.27 2.22 2.17 2.12 2.06 2.01 1.95 1.89
77.0 195.6 2.75 2.71 2.66 2.61 2.57 2.52 2.47 2.42 2.37 2.32 2.27 2.21 2.16 2.11 2.05 1.99 1.94
77.5 196.9 2.79 2.75 2.70 2.66 2.61 2.56 2.51 2.46 2.41 2.36 2.31 2.26 2.20 2.15 2.09 2.04 1.98
78.0 198.1 2.84 2.79 2.74 2.70 2.65 2.60 2.55 2.50 2.45 2.40 2.35 2.30 2.24 2.19 2.13 2.08 2.02
78.5 199.4 2.88 2.83 2.79 2.74 2.69 2.65 2.60 2.55 2.50 2.45 2.39 2.34 2.29 2.23 2.18 2.12 2.07
79.0 200.7 2.92 2.88 2.83 2.79 2.74 2.69 2.64 2.59 2.54 2.49 2.44 2.39 2.33 2.28 2.22 2.17 2.11
79.5 201.9 2.97 2.92 2.87 2.83 2.78 2.73 2.68 2.63 2.58 2.53 2.48 2.43 2.37 2.32 2.26 2.21 2.15
80.0 203.2 3.01 2.97 2.92 2.87 2.83 2.78 2.73 2.68 2.63 2.58 2.52 2.47 2.42 2.36 2.31 2.25 2.20
80.5 204.5 3.06 3.01 2.96 2.92 2.87 2.82 2.77 2.72 2.67 2.62 2.57 2.52 2.46 2.41 2.35 2.30 2.24
81.0 205.7 3.10 3.05 3.01 2.96 2.91 2.86 2.82 2.77 2.72 2.66 2.61 2.56 2.51 2.45 2.40 2.34 2.28
81.5 207.0 3.14 3.10 3.05 3.01 2.96 2.91 2.86 2.81 2.76 2.71 2.66 2.61 2.55 2.50 2.44 2.39 2.33
82.0 208.3 3.19 3.14 3.10 3.05 3.00 2.96 2.91 2.86 2.81 2.76 2.70 2.65 2.60 2.54 2.49 2.43 2.38
82.5 209.6 3.24 3.19 3.15 3.10 3.05 3.00 2.95 2.90 2.85 2.80 2.75 2.70 2.64 2.59 2.53 2.48 2.42
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5.--Mexican American Males FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: 0.2376 + (-0.00891)(age) + (-0.00182)(age \2\) + (0.0014947)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.95 2.90 2.84 2.78 2.72 2.66 2.60 2.54 2.48 2.41 2.34 2.27 2.20 2.13 2.06 1.98 1.91
61.5 156.2 3.01 2.96 2.90 2.84 2.79 2.73 2.66 2.60 2.54 2.47 2.40 2.33 2.26 2.19 2.12 2.04 1.97
62.0 157.5 3.07 3.02 2.96 2.90 2.85 2.79 2.72 2.66 2.60 2.53 2.46 2.40 2.33 2.25 2.18 2.11 2.03
62.5 158.8 3.13 3.08 3.02 2.97 2.91 2.85 2.79 2.72 2.66 2.59 2.53 2.46 2.39 2.31 2.24 2.17 2.09
63.0 160.0 3.19 3.14 3.08 3.02 2.96 2.90 2.84 2.78 2.72 2.65 2.58 2.51 2.44 2.37 2.30 2.22 2.15
63.5 161.3 3.25 3.20 3.14 3.09 3.03 2.97 2.91 2.84 2.78 2.71 2.65 2.58 2.51 2.43 2.36 2.29 2.21
64.0 162.6 3.32 3.26 3.21 3.15 3.09 3.03 2.97 2.91 2.84 2.78 2.71 2.64 2.57 2.50 2.42 2.35 2.27
64.5 163.8 3.37 3.32 3.26 3.21 3.15 3.09 3.03 2.96 2.90 2.83 2.77 2.70 2.63 2.56 2.48 2.41 2.33
65.0 165.1 3.44 3.38 3.33 3.27 3.21 3.15 3.09 3.03 2.96 2.90 2.83 2.76 2.69 2.62 2.55 2.47 2.40
65.5 166.4 3.50 3.45 3.39 3.33 3.28 3.22 3.15 3.09 3.03 2.96 2.89 2.82 2.75 2.68 2.61 2.54 2.46
66.0 167.6 3.56 3.51 3.45 3.40 3.34 3.28 3.22 3.15 3.09 3.02 2.96 2.89 2.82 2.75 2.67 2.60 2.52
66.5 168.9 3.63 3.57 3.52 3.46 3.40 3.34 3.28 3.22 3.15 3.09 3.02 2.95 2.88 2.81 2.74 2.66 2.59
67.0 170.2 3.69 3.64 3.58 3.53 3.47 3.41 3.35 3.28 3.22 3.15 3.09 3.02 2.95 2.88 2.80 2.73 2.65
67.5 171.5 3.76 3.71 3.65 3.59 3.53 3.47 3.41 3.35 3.29 3.22 3.15 3.08 3.01 2.94 2.87 2.79 2.72
68.0 172.7 3.82 3.77 3.71 3.65 3.60 3.54 3.47 3.41 3.35 3.28 3.21 3.15 3.08 3.00 2.93 2.86 2.78
68.5 174.0 3.89 3.84 3.78 3.72 3.66 3.60 3.54 3.48 3.41 3.35 3.28 3.21 3.14 3.07 3.00 2.92 2.85
69.0 175.3 3.96 3.90 3.85 3.79 3.73 3.67 3.61 3.55 3.48 3.42 3.35 3.28 3.21 3.14 3.07 2.99 2.92
69.5 176.5 4.02 3.97 3.91 3.85 3.79 3.73 3.67 3.61 3.55 3.48 3.41 3.34 3.27 3.20 3.13 3.05 2.98
70.0 177.8 4.09 4.03 3.98 3.92 3.86 3.80 3.74 3.68 3.61 3.55 3.48 3.41 3.34 3.27 3.20 3.12 3.05
70.5 179.1 4.16 4.10 4.05 3.99 3.93 3.87 3.81 3.75 3.68 3.62 3.55 3.48 3.41 3.34 3.27 3.19 3.12
71.0 180.3 4.22 4.17 4.11 4.06 4.00 3.94 3.88 3.81 3.75 3.68 3.62 3.55 3.48 3.40 3.33 3.26 3.18
71.5 181.6 4.29 4.24 4.18 4.13 4.07 4.01 3.95 3.88 3.82 3.75 3.69 3.62 3.55 3.47 3.40 3.33 3.25
72.0 182.9 4.36 4.31 4.25 4.20 4.14 4.08 4.02 3.95 3.89 3.82 3.76 3.69 3.62 3.55 3.47 3.40 3.32
[[Page 13669]]
72.5 184.2 4.44 4.38 4.33 4.27 4.21 4.15 4.09 4.03 3.96 3.90 3.83 3.76 3.69 3.62 3.54 3.47 3.39
73.0 185.4 4.50 4.45 4.39 4.33 4.28 4.22 4.15 4.09 4.03 3.96 3.89 3.83 3.76 3.68 3.61 3.54 3.46
73.5 186.7 4.57 4.52 4.46 4.41 4.35 4.29 4.23 4.16 4.10 4.03 3.97 3.90 3.83 3.76 3.68 3.61 3.53
74.0 188.0 4.65 4.59 4.54 4.48 4.42 4.36 4.30 4.24 4.17 4.11 4.04 3.97 3.90 3.83 3.76 3.68 3.60
74.5 189.2 4.71 4.66 4.60 4.55 4.49 4.43 4.37 4.30 4.24 4.17 4.11 4.04 3.97 3.90 3.82 3.75 3.67
75.0 190.5 4.79 4.73 4.68 4.62 4.56 4.50 4.44 4.38 4.31 4.25 4.18 4.11 4.04 3.97 3.90 3.82 3.75
75.5 191.8 4.86 4.81 4.75 4.70 4.64 4.58 4.52 4.45 4.39 4.32 4.25 4.19 4.12 4.04 3.97 3.90 3.82
76.0 193.0 4.93 4.88 4.82 4.76 4.71 4.65 4.58 4.52 4.46 4.39 4.32 4.26 4.18 4.11 4.04 3.97 3.89
76.5 194.3 5.01 4.95 4.90 4.84 4.78 4.72 4.66 4.60 4.53 4.47 4.40 4.33 4.26 4.19 4.12 4.04 3.96
77.0 195.6 5.08 5.03 4.97 4.92 4.86 4.80 4.74 4.67 4.61 4.54 4.47 4.41 4.34 4.26 4.19 4.12 4.04
77.5 196.9 5.16 5.10 5.05 4.99 4.93 4.87 4.81 4.75 4.68 4.62 4.55 4.48 4.41 4.34 4.27 4.19 4.12
78.0 198.1 5.23 5.18 5.12 5.06 5.00 4.94 4.88 4.82 4.76 4.69 4.62 4.55 4.48 4.41 4.34 4.26 4.19
78.5 199.4 5.31 5.25 5.20 5.14 5.08 5.02 4.96 4.90 4.83 4.77 4.70 4.63 4.56 4.49 4.42 4.34 4.26
79.0 200.7 5.38 5.33 5.27 5.22 5.16 5.10 5.04 4.97 4.91 4.84 4.78 4.71 4.64 4.57 4.49 4.42 4.34
79.5 201.9 5.46 5.40 5.35 5.29 5.23 5.17 5.11 5.05 4.98 4.92 4.85 4.78 4.71 4.64 4.57 4.49 4.41
80.0 203.2 5.54 5.48 5.43 5.37 5.31 5.25 5.19 5.13 5.06 5.00 4.93 4.86 4.79 4.72 4.64 4.57 4.49
80.5 204.5 5.61 5.56 5.51 5.45 5.39 5.33 5.27 5.20 5.14 5.07 5.01 4.94 4.87 4.80 4.72 4.65 4.57
81.0 205.7 5.69 5.63 5.58 5.52 5.46 5.40 5.34 5.28 5.21 5.15 5.08 5.01 4.94 4.87 4.80 4.72 4.65
81.5 207.0 5.77 5.71 5.66 5.60 5.54 5.48 5.42 5.36 5.29 5.23 5.16 5.09 5.02 4.95 4.88 4.80 4.73
82.0 208.3 5.85 5.80 5.74 5.68 5.62 5.56 5.50 5.44 5.37 5.31 5.24 5.17 5.10 5.03 4.96 4.88 4.81
82.5 209.6 5.93 5.88 5.82 5.76 5.70 5.64 5.58 5.52 5.46 5.39 5.32 5.25 5.18 5.11 5.04 4.96 4.89
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5A.--Mexican American Males FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: 0.6306 + (-0.02928)(age) + (0.0001267)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.24 2.18 2.12 2.06 2.00 1.94 1.88 1.83 1.77 1.71 1.65 1.59 1.53 1.47 1.42 1.36 1.30
61.5 156.2 2.29 2.23 2.17 2.11 2.05 1.99 1.94 1.88 1.82 1.76 1.70 1.64 1.58 1.53 1.47 1.41 1.35
62.0 157.5 2.34 2.28 2.22 2.16 2.10 2.05 1.99 1.93 1.87 1.81 1.75 1.69 1.64 1.58 1.52 1.46 1.40
62.5 158.8 2.39 2.33 2.27 2.22 2.16 2.10 2.04 1.98 1.92 1.86 1.81 1.75 1.69 1.63 1.57 1.51 1.45
63.0 160.0 2.44 2.38 2.32 2.26 2.21 2.15 2.09 2.03 1.97 1.91 1.85 1.80 1.74 1.68 1.62 1.56 1.50
63.5 161.3 2.49 2.43 2.38 2.32 2.26 2.20 2.14 2.08 2.02 1.97 1.91 1.85 1.79 1.73 1.67 1.61 1.56
64.0 162.6 2.55 2.49 2.43 2.37 2.31 2.25 2.19 2.14 2.08 2.02 1.96 1.90 1.84 1.78 1.73 1.67 1.61
64.5 163.8 2.60 2.54 2.48 2.42 2.36 2.30 2.24 2.19 2.13 2.07 2.01 1.95 1.89 1.83 1.78 1.72 1.66
65.0 165.1 2.65 2.59 2.53 2.47 2.42 2.36 2.30 2.24 2.18 2.12 2.06 2.01 1.95 1.89 1.83 1.77 1.71
65.5 166.4 2.70 2.64 2.59 2.53 2.47 2.41 2.35 2.29 2.23 2.18 2.12 2.06 2.00 1.94 1.88 1.82 1.77
66.0 167.6 2.76 2.70 2.64 2.58 2.52 2.46 2.41 2.35 2.29 2.23 2.17 2.11 2.05 2.00 1.94 1.88 1.82
66.5 168.9 2.81 2.75 2.69 2.64 2.58 2.52 2.46 2.40 2.34 2.28 2.23 2.17 2.11 2.05 1.99 1.93 1.87
67.0 170.2 2.87 2.81 2.75 2.69 2.63 2.57 2.51 2.46 2.40 2.34 2.28 2.22 2.16 2.10 2.05 1.99 1.93
67.5 171.5 2.92 2.86 2.81 2.75 2.69 2.63 2.57 2.51 2.45 2.40 2.34 2.28 2.22 2.16 2.10 2.04 1.99
68.0 172.7 2.97 2.92 2.86 2.80 2.74 2.68 2.62 2.56 2.51 2.45 2.39 2.33 2.27 2.21 2.15 2.10 2.04
68.5 174.0 3.03 2.97 2.91 2.86 2.80 2.74 2.68 2.62 2.56 2.50 2.45 2.39 2.33 2.27 2.21 2.15 2.09
69.0 175.3 3.09 3.03 2.97 2.91 2.86 2.80 2.74 2.68 2.62 2.56 2.50 2.45 2.39 2.33 2.27 2.21 2.15
69.5 176.5 3.14 3.08 3.03 2.97 2.91 2.85 2.79 2.73 2.67 2.62 2.56 2.50 2.44 2.38 2.32 2.26 2.21
70.0 177.8 3.20 3.14 3.08 3.03 2.97 2.91 2.85 2.79 2.73 2.67 2.62 2.56 2.50 2.44 2.38 2.32 2.26
70.5 179.1 3.26 3.20 3.14 3.08 3.03 2.97 2.91 2.85 2.79 2.73 2.67 2.62 2.56 2.50 2.44 2.38 2.32
71.0 180.3 3.31 3.26 3.20 3.14 3.08 3.02 2.96 2.90 2.85 2.79 2.73 2.67 2.61 2.55 2.49 2.44 2.38
71.5 181.6 3.37 3.32 3.26 3.20 3.14 3.08 3.02 2.96 2.91 2.85 2.79 2.73 2.67 2.61 2.55 2.50 2.44
72.0 182.9 3.43 3.38 3.32 3.26 3.20 3.14 3.08 3.02 2.97 2.91 2.85 2.79 2.73 2.67 2.61 2.56 2.50
72.5 184.2 3.49 3.44 3.38 3.32 3.26 3.20 3.14 3.08 3.03 2.97 2.91 2.85 2.79 2.73 2.67 2.62 2.56
73.0 185.4 3.55 3.49 3.43 3.38 3.32 3.26 3.20 3.14 3.08 3.02 2.97 2.91 2.85 2.79 2.73 2.67 2.61
73.5 186.7 3.61 3.55 3.50 3.44 3.38 3.32 3.26 3.20 3.14 3.09 3.03 2.97 2.91 2.85 2.79 2.73 2.68
74.0 188.0 3.67 3.62 3.56 3.50 3.44 3.38 3.32 3.26 3.21 3.15 3.09 3.03 2.97 2.91 2.85 2.80 2.74
74.5 189.2 3.73 3.67 3.61 3.56 3.50 3.44 3.38 3.32 3.26 3.20 3.15 3.09 3.03 2.97 2.91 2.85 2.79
75.0 190.5 3.79 3.74 3.68 3.62 3.56 3.50 3.44 3.38 3.33 3.27 3.21 3.15 3.09 3.03 2.97 2.92 2.86
75.5 191.8 3.86 3.80 3.74 3.68 3.62 3.56 3.51 3.45 3.39 3.33 3.27 3.21 3.15 3.10 3.04 2.98 2.92
76.0 193.0 3.92 3.86 3.80 3.74 3.68 3.62 3.56 3.51 3.45 3.39 3.33 3.27 3.21 3.15 3.10 3.04 2.98
76.5 194.3 3.98 3.92 3.86 3.80 3.74 3.69 3.63 3.57 3.51 3.45 3.39 3.33 3.28 3.22 3.16 3.10 3.04
77.0 195.6 4.04 3.98 3.93 3.87 3.81 3.75 3.69 3.63 3.57 3.52 3.46 3.40 3.34 3.28 3.22 3.16 3.11
77.5 196.9 4.11 4.05 3.99 3.93 3.87 3.82 3.76 3.70 3.64 3.58 3.52 3.46 3.41 3.35 3.29 3.23 3.17
78.0 198.1 4.17 4.11 4.05 3.99 3.93 3.88 3.82 3.76 3.70 3.64 3.58 3.52 3.47 3.41 3.35 3.29 3.23
78.5 199.4 4.23 4.17 4.12 4.06 4.00 3.94 3.88 3.82 3.77 3.71 3.65 3.59 3.53 3.47 3.41 3.36 3.30
79.0 200.7 4.30 4.24 4.18 4.12 4.07 4.01 3.95 3.89 3.83 3.77 3.71 3.66 3.60 3.54 3.48 3.42 3.36
79.5 201.9 4.36 4.30 4.24 4.18 4.13 4.07 4.01 3.95 3.89 3.83 3.78 3.72 3.66 3.60 3.54 3.48 3.42
80.0 203.2 4.43 4.37 4.31 4.25 4.19 4.13 4.08 4.02 3.96 3.90 3.84 3.78 3.72 3.67 3.61 3.55 3.49
80.5 204.5 4.49 4.44 4.38 4.32 4.26 4.20 4.14 4.08 4.03 3.97 3.91 3.85 3.79 3.73 3.67 3.62 3.56
81.0 205.7 4.56 4.50 4.44 4.38 4.32 4.26 4.21 4.15 4.09 4.03 3.97 3.91 3.85 3.80 3.74 3.68 3.62
81.5 207.0 4.62 4.57 4.51 4.45 4.39 4.33 4.27 4.21 4.16 4.10 4.04 3.98 3.92 3.86 3.81 3.75 3.69
82.0 208.3 4.69 4.63 4.58 4.52 4.46 4.40 4.34 4.28 4.22 4.17 4.11 4.05 3.99 3.93 3.87 3.81 3.76
82.5 209.6 4.76 4.70 4.64 4.59 4.53 4.47 4.41 4.35 4.29 4.24 4.18 4.12 4.06 4.00 3.94 3.88 3.83
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 13670]]
Table 6.--Mexican American Females FVC Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: 0.121 + (0.00307)(age) + (-0.000237)(age \2\) + (0.00011570)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.48 2.44 2.39 2.35 2.30 2.25 2.20 2.15 2.10 2.04 1.98 1.92 1.86 1.79 1.73 1.66 1.59
61.5 156.2 2.53 2.48 2.44 2.40 2.35 2.30 2.25 2.20 2.14 2.09 2.03 1.97 1.91 1.84 1.78 1.71 1.64
62.0 157.5 2.57 2.53 2.49 2.44 2.40 2.35 2.30 2.24 2.19 2.13 2.07 2.01 1.95 1.89 1.82 1.75 1.68
62.5 158.8 2.62 2.58 2.54 2.49 2.44 2.39 2.34 2.29 2.24 2.18 2.12 2.06 2.00 1.94 1.87 1.80 1.73
63.0 160.0 2.66 2.62 2.58 2.53 2.49 2.44 2.39 2.34 2.28 2.22 2.17 2.11 2.04 1.98 1.91 1.85 1.78
63.5 161.3 2.71 2.67 2.63 2.58 2.54 2.49 2.44 2.38 2.33 2.27 2.21 2.15 2.09 2.03 1.96 1.89 1.82
64.0 162.6 2.76 2.72 2.68 2.63 2.58 2.54 2.49 2.43 2.38 2.32 2.26 2.20 2.14 2.08 2.01 1.94 1.87
64.5 163.8 2.81 2.77 2.72 2.68 2.63 2.58 2.53 2.48 2.42 2.37 2.31 2.25 2.19 2.12 2.06 1.99 1.92
65.0 165.1 2.86 2.81 2.77 2.73 2.68 2.63 2.58 2.53 2.47 2.42 2.36 2.30 2.24 2.17 2.11 2.04 1.97
65.5 166.4 2.90 2.86 2.82 2.78 2.73 2.68 2.63 2.58 2.52 2.47 2.41 2.35 2.28 2.22 2.15 2.09 2.02
66.0 167.6 2.95 2.91 2.87 2.82 2.78 2.73 2.68 2.63 2.57 2.51 2.46 2.40 2.33 2.27 2.20 2.14 2.07
66.5 168.9 3.00 2.96 2.92 2.87 2.83 2.78 2.73 2.67 2.62 2.56 2.51 2.45 2.38 2.32 2.25 2.19 2.12
67.0 170.2 3.05 3.01 2.97 2.92 2.88 2.83 2.78 2.73 2.67 2.61 2.56 2.50 2.43 2.37 2.30 2.24 2.17
67.5 171.5 3.11 3.06 3.02 2.98 2.93 2.88 2.83 2.78 2.72 2.67 2.61 2.55 2.49 2.42 2.36 2.29 2.22
68.0 172.7 3.15 3.11 3.07 3.02 2.98 2.93 2.88 2.82 2.77 2.71 2.66 2.60 2.53 2.47 2.40 2.34 2.27
68.5 174.0 3.21 3.16 3.12 3.08 3.03 2.98 2.93 2.88 2.82 2.77 2.71 2.65 2.59 2.52 2.46 2.39 2.32
69.0 175.3 3.26 3.22 3.17 3.13 3.08 3.03 2.98 2.93 2.87 2.82 2.76 2.70 2.64 2.57 2.51 2.44 2.37
69.5 176.5 3.31 3.27 3.22 3.18 3.13 3.08 3.03 2.98 2.92 2.87 2.81 2.75 2.69 2.62 2.56 2.49 2.42
70.0 177.8 3.36 3.32 3.28 3.23 3.18 3.13 3.08 3.03 2.98 2.92 2.86 2.80 2.74 2.68 2.61 2.54 2.47
70.5 179.1 3.41 3.37 3.33 3.28 3.24 3.19 3.14 3.09 3.03 2.97 2.92 2.86 2.79 2.73 2.66 2.60 2.53
71.0 180.3 3.46 3.42 3.38 3.33 3.29 3.24 3.19 3.13 3.08 3.02 2.97 2.91 2.84 2.78 2.71 2.65 2.58
71.5 181.6 3.52 3.48 3.43 3.39 3.34 3.29 3.24 3.19 3.13 3.08 3.02 2.96 2.90 2.83 2.77 2.70 2.63
72.0 182.9 3.57 3.53 3.49 3.44 3.40 3.35 3.30 3.24 3.19 3.13 3.07 3.01 2.95 2.89 2.82 2.75 2.69
72.5 184.2 3.63 3.59 3.54 3.50 3.45 3.40 3.35 3.30 3.24 3.19 3.13 3.07 3.01 2.94 2.88 2.81 2.74
73.0 185.4 3.68 3.64 3.59 3.55 3.50 3.45 3.40 3.35 3.30 3.24 3.18 3.12 3.06 3.00 2.93 2.86 2.79
73.5 186.7 3.74 3.69 3.65 3.61 3.56 3.51 3.46 3.41 3.35 3.30 3.24 3.18 3.12 3.05 2.99 2.92 2.85
74.0 188.0 3.79 3.75 3.71 3.66 3.62 3.57 3.52 3.46 3.41 3.35 3.29 3.23 3.17 3.11 3.04 2.97 2.90
74.5 189.2 3.84 3.80 3.76 3.71 3.67 3.62 3.57 3.52 3.46 3.40 3.35 3.29 3.22 3.16 3.09 3.03 2.96
75.0 190.5 3.90 3.86 3.82 3.77 3.72 3.68 3.63 3.57 3.52 3.46 3.40 3.34 3.28 3.22 3.15 3.08 3.01
75.5 191.8 3.96 3.92 3.87 3.83 3.78 3.73 3.68 3.63 3.58 3.52 3.46 3.40 3.34 3.27 3.21 3.14 3.07
76.0 193.0 4.01 3.97 3.93 3.88 3.84 3.79 3.74 3.68 3.63 3.57 3.51 3.45 3.39 3.33 3.26 3.19 3.12
76.5 194.3 4.07 4.03 3.99 3.94 3.89 3.85 3.79 3.74 3.69 3.63 3.57 3.51 3.45 3.39 3.32 3.25 3.18
77.0 195.6 4.13 4.09 4.04 4.00 3.95 3.90 3.85 3.80 3.75 3.69 3.63 3.57 3.51 3.44 3.38 3.31 3.24
77.5 196.9 4.19 4.15 4.10 4.06 4.01 3.96 3.91 3.86 3.80 3.75 3.69 3.63 3.57 3.50 3.44 3.37 3.30
78.0 198.1 4.24 4.20 4.16 4.11 4.07 4.02 3.97 3.91 3.86 3.80 3.74 3.68 3.62 3.56 3.49 3.42 3.36
78.5 199.4 4.30 4.26 4.22 4.17 4.13 4.08 4.03 3.97 3.92 3.86 3.80 3.74 3.68 3.62 3.55 3.48 3.41
79.0 200.7 4.36 4.32 4.28 4.23 4.19 4.14 4.09 4.03 3.98 3.92 3.86 3.80 3.74 3.68 3.61 3.54 3.48
79.5 201.9 4.42 4.38 4.33 4.29 4.24 4.19 4.14 4.09 4.04 3.98 3.92 3.86 3.80 3.73 3.67 3.60 3.53
80.0 203.2 4.48 4.44 4.40 4.35 4.30 4.25 4.20 4.15 4.10 4.04 3.98 3.92 3.86 3.80 3.73 3.66 3.59
80.5 204.5 4.54 4.50 4.46 4.41 4.36 4.32 4.26 4.21 4.16 4.10 4.04 3.98 3.92 3.86 3.79 3.72 3.65
81.0 205.7 4.60 4.56 4.51 4.47 4.42 4.37 4.32 4.27 4.21 4.16 4.10 4.04 3.98 3.91 3.85 3.78 3.71
81.5 207.0 4.66 4.62 4.58 4.53 4.48 4.43 4.38 4.33 4.28 4.22 4.16 4.10 4.04 3.98 3.91 3.84 3.77
82.0 208.3 4.72 4.68 4.64 4.59 4.55 4.50 4.45 4.39 4.34 4.28 4.22 4.16 4.10 4.04 3.97 3.90 3.83
82.5 209.6 4.79 4.74 4.70 4.66 4.61 4.56 4.51 4.46 4.40 4.35 4.29 4.23 4.17 4.10 4.04 3.97 3.90
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6A.--Mexican American Females FEV-1 Lower Limit of Normal Values, Hankinson, et al. (1999)
[Reference value equation: 0.4529 + (-0.01178)(age) + (-0.000113)(age \2\) + (0.00009890)(height \2\)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 1.98 1.93 1.88 1.84 1.79 1.74 1.69 1.64 1.58 1.53 1.48 1.42 1.36 1.31 1.25 1.19 1.13
61.5 156.2 2.02 1.97 1.92 1.88 1.83 1.78 1.73 1.68 1.62 1.57 1.52 1.46 1.40 1.35 1.29 1.23 1.17
62.0 157.5 2.06 2.01 1.96 1.92 1.87 1.82 1.77 1.72 1.66 1.61 1.56 1.50 1.44 1.39 1.33 1.27 1.21
62.5 158.8 2.10 2.05 2.01 1.96 1.91 1.86 1.81 1.76 1.70 1.65 1.60 1.54 1.48 1.43 1.37 1.31 1.25
63.0 160.0 2.14 2.09 2.04 2.00 1.95 1.90 1.85 1.79 1.74 1.69 1.63 1.58 1.52 1.47 1.41 1.35 1.29
63.5 161.3 2.18 2.13 2.08 2.04 1.99 1.94 1.89 1.84 1.78 1.73 1.68 1.62 1.56 1.51 1.45 1.39 1.33
64.0 162.6 2.22 2.17 2.13 2.08 2.03 1.98 1.93 1.88 1.82 1.77 1.72 1.66 1.61 1.55 1.49 1.43 1.37
64.5 163.8 2.26 2.21 2.16 2.12 2.07 2.02 1.97 1.92 1.86 1.81 1.76 1.70 1.64 1.59 1.53 1.47 1.41
65.0 165.1 2.30 2.25 2.21 2.16 2.11 2.06 2.01 1.96 1.91 1.85 1.80 1.74 1.69 1.63 1.57 1.51 1.45
65.5 166.4 2.34 2.30 2.25 2.20 2.15 2.10 2.05 2.00 1.95 1.89 1.84 1.78 1.73 1.67 1.61 1.55 1.49
66.0 167.6 2.38 2.34 2.29 2.24 2.19 2.14 2.09 2.04 1.99 1.94 1.88 1.83 1.77 1.71 1.66 1.60 1.54
66.5 168.9 2.43 2.38 2.33 2.28 2.24 2.19 2.14 2.08 2.03 1.98 1.92 1.87 1.81 1.76 1.70 1.64 1.58
67.0 170.2 2.47 2.42 2.38 2.33 2.28 2.23 2.18 2.13 2.07 2.02 1.97 1.91 1.86 1.80 1.74 1.68 1.62
67.5 171.5 2.51 2.47 2.42 2.37 2.32 2.27 2.22 2.17 2.12 2.07 2.01 1.96 1.90 1.84 1.78 1.73 1.67
68.0 172.7 2.55 2.51 2.46 2.41 2.36 2.31 2.26 2.21 2.16 2.11 2.05 2.00 1.94 1.88 1.83 1.77 1.71
68.5 174.0 2.60 2.55 2.51 2.46 2.41 2.36 2.31 2.26 2.20 2.15 2.10 2.04 1.99 1.93 1.87 1.81 1.75
69.0 175.3 2.64 2.60 2.55 2.50 2.45 2.40 2.35 2.30 2.25 2.20 2.14 2.09 2.03 1.97 1.92 1.86 1.80
69.5 176.5 2.69 2.64 2.59 2.54 2.50 2.45 2.39 2.34 2.29 2.24 2.18 2.13 2.07 2.01 1.96 1.90 1.84
70.0 177.8 2.73 2.68 2.64 2.59 2.54 2.49 2.44 2.39 2.34 2.28 2.23 2.17 2.12 2.06 2.00 1.94 1.88
70.5 179.1 2.78 2.73 2.68 2.64 2.59 2.54 2.49 2.43 2.38 2.33 2.27 2.22 2.16 2.11 2.05 1.99 1.93
71.0 180.3 2.82 2.77 2.73 2.68 2.63 2.58 2.53 2.48 2.42 2.37 2.32 2.26 2.21 2.15 2.09 2.03 1.97
71.5 181.6 2.87 2.82 2.77 2.72 2.68 2.63 2.58 2.52 2.47 2.42 2.36 2.31 2.25 2.20 2.14 2.08 2.02
72.0 182.9 2.91 2.87 2.82 2.77 2.72 2.67 2.62 2.57 2.52 2.46 2.41 2.36 2.30 2.24 2.18 2.13 2.07
[[Page 13671]]
72.5 184.2 2.96 2.91 2.87 2.82 2.77 2.72 2.67 2.62 2.57 2.51 2.46 2.40 2.35 2.29 2.23 2.17 2.11
73.0 185.4 3.00 2.96 2.91 2.86 2.81 2.76 2.71 2.66 2.61 2.56 2.50 2.45 2.39 2.33 2.28 2.22 2.16
73.5 186.7 3.05 3.01 2.96 2.91 2.86 2.81 2.76 2.71 2.66 2.60 2.55 2.49 2.44 2.38 2.32 2.26 2.20
74.0 188.0 3.10 3.05 3.01 2.96 2.91 2.86 2.81 2.76 2.71 2.65 2.60 2.54 2.49 2.43 2.37 2.31 2.25
74.5 189.2 3.14 3.10 3.05 3.00 2.95 2.90 2.85 2.80 2.75 2.70 2.64 2.59 2.53 2.47 2.42 2.36 2.30
75.0 190.5 3.19 3.15 3.10 3.05 3.00 2.95 2.90 2.85 2.80 2.75 2.69 2.64 2.58 2.52 2.46 2.41 2.35
75.5 191.8 3.24 3.20 3.15 3.10 3.05 3.00 2.95 2.90 2.85 2.79 2.74 2.69 2.63 2.57 2.51 2.46 2.40
76.0 193.0 3.29 3.24 3.20 3.15 3.10 3.05 3.00 2.95 2.89 2.84 2.79 2.73 2.67 2.62 2.56 2.50 2.44
76.5 194.3 3.34 3.29 3.24 3.20 3.15 3.10 3.05 3.00 2.94 2.89 2.84 2.78 2.72 2.67 2.61 2.55 2.49
77.0 195.6 3.39 3.34 3.29 3.25 3.20 3.15 3.10 3.05 2.99 2.94 2.89 2.83 2.77 2.72 2.66 2.60 2.54
77.5 196.9 3.44 3.39 3.35 3.30 3.25 3.20 3.15 3.10 3.04 2.99 2.94 2.88 2.83 2.77 2.71 2.65 2.59
78.0 198.1 3.49 3.44 3.39 3.34 3.30 3.25 3.20 3.14 3.09 3.04 2.98 2.93 2.87 2.81 2.76 2.70 2.64
78.5 199.4 3.54 3.49 3.44 3.40 3.35 3.30 3.25 3.19 3.14 3.09 3.03 2.98 2.92 2.87 2.81 2.75 2.69
79.0 200.7 3.59 3.54 3.49 3.45 3.40 3.35 3.30 3.25 3.19 3.14 3.09 3.03 2.97 2.92 2.86 2.80 2.74
79.5 201.9 3.64 3.59 3.54 3.49 3.45 3.40 3.35 3.29 3.24 3.19 3.13 3.08 3.02 2.97 2.91 2.85 2.79
80.0 203.2 3.69 3.64 3.59 3.55 3.50 3.45 3.40 3.35 3.29 3.24 3.19 3.13 3.07 3.02 2.96 2.90 2.84
80.5 204.5 3.74 3.69 3.65 3.60 3.55 3.50 3.45 3.40 3.35 3.29 3.24 3.18 3.13 3.07 3.01 2.95 2.89
81.0 205.7 3.79 3.74 3.70 3.65 3.60 3.55 3.50 3.45 3.39 3.34 3.29 3.23 3.18 3.12 3.06 3.00 2.94
81.5 207.0 3.84 3.80 3.75 3.70 3.65 3.60 3.55 3.50 3.45 3.39 3.34 3.28 3.23 3.17 3.11 3.05 3.00
82.0 208.3 3.90 3.85 3.80 3.75 3.71 3.66 3.61 3.55 3.50 3.45 3.39 3.34 3.28 3.22 3.17 3.11 3.05
82.5 209.6 3.95 3.90 3.86 3.81 3.76 3.71 3.66 3.61 3.55 3.50 3.45 3.39 3.34 3.28 3.22 3.16 3.10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7.--Navajo Males FVC Lower Limit of Normal Values, Crapo, et al. (1988)
[Reference value equation: [-6.2404 + (-0.0264)(age) + (0.0686)(height)] x (.817)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.53 2.48 2.44 2.40 2.35 2.31 2.27 2.22 2.18 2.14 2.09 2.05 2.01 1.97 1.92 1.88 1.84
61.5 156.2 2.60 2.56 2.51 2.47 2.43 2.38 2.34 2.30 2.25 2.21 2.17 2.12 2.08 2.04 2.00 1.95 1.91
62.0 157.5 2.67 2.63 2.59 2.54 2.50 2.46 2.41 2.37 2.33 2.28 2.24 2.20 2.15 2.11 2.07 2.02 1.98
62.5 158.8 2.74 2.70 2.66 2.62 2.57 2.53 2.49 2.44 2.40 2.36 2.31 2.27 2.23 2.18 2.14 2.10 2.05
63.0 160.0 2.81 2.77 2.73 2.68 2.64 2.60 2.55 2.51 2.47 2.42 2.38 2.34 2.29 2.25 2.21 2.17 2.12
63.5 161.3 2.88 2.84 2.80 2.76 2.71 2.67 2.63 2.58 2.54 2.50 2.45 2.41 2.37 2.32 2.28 2.24 2.19
64.0 162.6 2.96 2.91 2.87 2.83 2.79 2.74 2.70 2.66 2.61 2.57 2.53 2.48 2.44 2.40 2.35 2.31 2.27
64.5 163.8 3.03 2.98 2.94 2.90 2.85 2.81 2.77 2.72 2.68 2.64 2.59 2.55 2.51 2.46 2.42 2.38 2.33
65.0 165.1 3.10 3.05 3.01 2.97 2.93 2.88 2.84 2.80 2.75 2.71 2.67 2.62 2.58 2.54 2.49 2.45 2.41
65.5 166.4 3.17 3.13 3.08 3.04 3.00 2.95 2.91 2.87 2.82 2.78 2.74 2.69 2.65 2.61 2.57 2.52 2.48
66.0 167.6 3.24 3.20 3.15 3.11 3.07 3.02 2.98 2.94 2.90 2.85 2.81 2.77 2.72 2.68 2.64 2.59 2.55
66.5 168.9 3.31 3.27 3.23 3.18 3.14 3.10 3.05 3.01 2.97 2.92 2.88 2.84 2.79 2.75 2.71 2.66 2.62
67.0 170.2 3.38 3.34 3.30 3.25 3.21 3.17 3.12 3.08 3.04 3.00 2.95 2.91 2.87 2.82 2.78 2.74 2.69
67.5 171.5 3.46 3.41 3.37 3.33 3.28 3.24 3.20 3.15 3.11 3.07 3.03 2.98 2.94 2.90 2.85 2.81 2.77
68.0 172.7 3.52 3.48 3.44 3.39 3.35 3.31 3.27 3.22 3.18 3.14 3.09 3.05 3.01 2.96 2.92 2.88 2.83
68.5 174.0 3.60 3.55 3.51 3.47 3.42 3.38 3.34 3.29 3.25 3.21 3.17 3.12 3.08 3.04 2.99 2.95 2.91
69.0 175.3 3.67 3.63 3.58 3.54 3.50 3.45 3.41 3.37 3.32 3.28 3.24 3.20 3.15 3.11 3.07 3.02 2.98
69.5 176.5 3.74 3.69 3.65 3.61 3.56 3.52 3.48 3.43 3.39 3.35 3.31 3.26 3.22 3.18 3.13 3.09 3.05
70.0 177.8 3.81 3.77 3.72 3.68 3.64 3.59 3.55 3.51 3.46 3.42 3.38 3.34 3.29 3.25 3.21 3.16 3.12
70.5 179.1 3.88 3.84 3.80 3.75 3.71 3.67 3.62 3.58 3.54 3.49 3.45 3.41 3.36 3.32 3.28 3.24 3.19
71.0 180.3 3.95 3.91 3.86 3.82 3.78 3.73 3.69 3.65 3.60 3.56 3.52 3.48 3.43 3.39 3.35 3.30 3.26
71.5 181.6 4.02 3.98 3.94 3.89 3.85 3.81 3.76 3.72 3.68 3.63 3.59 3.55 3.51 3.46 3.42 3.38 3.33
72.0 182.9 4.10 4.05 4.01 3.97 3.92 3.88 3.84 3.79 3.75 3.71 3.66 3.62 3.58 3.53 3.49 3.45 3.41
72.5 184.2 4.17 4.13 4.08 4.04 4.00 3.95 3.91 3.87 3.82 3.78 3.74 3.69 3.65 3.61 3.56 3.52 3.48
73.0 185.4 4.24 4.19 4.15 4.11 4.06 4.02 3.98 3.93 3.89 3.85 3.80 3.76 3.72 3.67 3.63 3.59 3.55
73.5 186.7 4.31 4.27 4.22 4.18 4.14 4.09 4.05 4.01 3.96 3.92 3.88 3.83 3.79 3.75 3.70 3.66 3.62
74.0 188.0 4.38 4.34 4.30 4.25 4.21 4.17 4.12 4.08 4.04 3.99 3.95 3.91 3.86 3.82 3.78 3.73 3.69
74.5 189.2 4.45 4.41 4.36 4.32 4.28 4.23 4.19 4.15 4.10 4.06 4.02 3.97 3.93 3.89 3.84 3.80 3.76
75.0 190.5 4.52 4.48 4.44 4.39 4.35 4.31 4.26 4.22 4.18 4.13 4.09 4.05 4.00 3.96 3.92 3.87 3.83
75.5 191.8 4.59 4.55 4.51 4.46 4.42 4.38 4.34 4.29 4.25 4.21 4.16 4.12 4.08 4.03 3.99 3.95 3.90
76.0 193.0 4.66 4.62 4.58 4.53 4.49 4.45 4.40 4.36 4.32 4.27 4.23 4.19 4.14 4.10 4.06 4.01 3.97
76.5 194.3 4.73 4.69 4.65 4.61 4.56 4.52 4.48 4.43 4.39 4.35 4.30 4.26 4.22 4.17 4.13 4.09 4.04
77.0 195.6 4.81 4.76 4.72 4.68 4.63 4.59 4.55 4.51 4.46 4.42 4.38 4.33 4.29 4.25 4.20 4.16 4.12
77.5 196.9 4.88 4.84 4.79 4.75 4.71 4.66 4.62 4.58 4.54 4.49 4.45 4.41 4.36 4.32 4.28 4.23 4.19
78.0 198.1 4.95 4.90 4.86 4.82 4.77 4.73 4.69 4.65 4.60 4.56 4.52 4.47 4.43 4.39 4.34 4.30 4.26
78.5 199.4 5.02 4.98 4.93 4.89 4.85 4.80 4.76 4.72 4.68 4.63 4.59 4.55 4.50 4.46 4.42 4.37 4.33
79.0 200.7 5.09 5.05 5.01 4.96 4.92 4.88 4.83 4.79 4.75 4.70 4.66 4.62 4.58 4.53 4.49 4.45 4.40
79.5 201.9 5.16 5.12 5.07 5.03 4.99 4.94 4.90 4.86 4.82 4.77 4.73 4.69 4.64 4.60 4.56 4.51 4.47
80.0 203.2 5.23 5.19 5.15 5.10 5.06 5.02 4.97 4.93 4.89 4.85 4.80 4.76 4.72 4.67 4.63 4.59 4.54
80.5 204.5 5.31 5.26 5.22 5.18 5.13 5.09 5.05 5.00 4.96 4.92 4.87 4.83 4.79 4.75 4.70 4.66 4.62
81.0 205.7 5.37 5.33 5.29 5.24 5.20 5.16 5.11 5.07 5.03 4.99 4.94 4.90 4.86 4.81 4.77 4.73 4.68
81.5 207.0 5.45 5.40 5.36 5.32 5.27 5.23 5.19 5.14 5.10 5.06 5.01 4.97 4.93 4.89 4.84 4.80 4.76
82.0 208.3 5.52 5.48 5.43 5.39 5.35 5.30 5.26 5.22 5.17 5.13 5.09 5.04 5.00 4.96 4.92 4.87 4.83
82.5 209.6 5.59 5.55 5.51 5.46 5.42 5.38 5.33 5.29 5.25 5.20 5.16 5.12 5.07 5.03 4.99 4.94 4.90
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 13672]]
Table 7A.--Navajo Males FEV-1 Lower Limit of Normal Values, Crapo, et al. (1988)
[Reference value equation: [-4.7504 + (-0.0283)(age) + (0.0558)(height)] x (0.812)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.04 1.99 1.94 1.90 1.85 1.81 1.76 1.71 1.67 1.62 1.58 1.53 1.48 1.44 1.39 1.35 1.30
61.5 156.2 2.09 2.05 2.00 1.96 1.91 1.86 1.82 1.77 1.73 1.68 1.63 1.59 1.54 1.50 1.45 1.40 1.36
62.0 157.5 2.15 2.11 2.06 2.02 1.97 1.92 1.88 1.83 1.79 1.74 1.69 1.65 1.60 1.56 1.51 1.46 1.42
62.5 158.8 2.21 2.17 2.12 2.07 2.03 1.98 1.94 1.89 1.84 1.80 1.75 1.71 1.66 1.61 1.57 1.52 1.48
63.0 160.0 2.27 2.22 2.17 2.13 2.08 2.04 1.99 1.94 1.90 1.85 1.81 1.76 1.71 1.67 1.62 1.58 1.53
63.5 161.3 2.33 2.28 2.23 2.19 2.14 2.10 2.05 2.00 1.96 1.91 1.87 1.82 1.77 1.73 1.68 1.64 1.59
64.0 162.6 2.38 2.34 2.29 2.25 2.20 2.15 2.11 2.06 2.02 1.97 1.92 1.88 1.83 1.79 1.74 1.69 1.65
64.5 163.8 2.44 2.39 2.35 2.30 2.25 2.21 2.16 2.12 2.07 2.02 1.98 1.93 1.89 1.84 1.79 1.75 1.70
65.0 165.1 2.50 2.45 2.41 2.36 2.31 2.27 2.22 2.18 2.13 2.08 2.04 1.99 1.95 1.90 1.85 1.81 1.76
65.5 166.4 2.55 2.51 2.46 2.42 2.37 2.33 2.28 2.23 2.19 2.14 2.10 2.05 2.00 1.96 1.91 1.87 1.82
66.0 167.6 2.61 2.57 2.52 2.47 2.43 2.38 2.34 2.29 2.24 2.20 2.15 2.11 2.06 2.01 1.97 1.92 1.88
66.5 168.9 2.67 2.62 2.58 2.53 2.49 2.44 2.39 2.35 2.30 2.26 2.21 2.16 2.12 2.07 2.03 1.98 1.93
67.0 170.2 2.73 2.68 2.64 2.59 2.54 2.50 2.45 2.41 2.36 2.31 2.27 2.22 2.18 2.13 2.08 2.04 1.99
67.5 171.5 2.79 2.74 2.70 2.65 2.60 2.56 2.51 2.47 2.42 2.37 2.33 2.28 2.24 2.19 2.14 2.10 2.05
68.0 172.7 2.84 2.80 2.75 2.70 2.66 2.61 2.57 2.52 2.47 2.43 2.38 2.34 2.29 2.24 2.20 2.15 2.11
68.5 174.0 2.90 2.85 2.81 2.76 2.72 2.67 2.62 2.58 2.53 2.49 2.44 2.39 2.35 2.30 2.26 2.21 2.17
69.0 175.3 2.96 2.91 2.87 2.82 2.78 2.73 2.68 2.64 2.59 2.55 2.50 2.45 2.41 2.36 2.32 2.27 2.22
69.5 176.5 3.01 2.97 2.92 2.88 2.83 2.78 2.74 2.69 2.65 2.60 2.55 2.51 2.46 2.42 2.37 2.32 2.28
70.0 177.8 3.07 3.03 2.98 2.93 2.89 2.84 2.80 2.75 2.71 2.66 2.61 2.57 2.52 2.48 2.43 2.38 2.34
70.5 179.1 3.13 3.09 3.04 2.99 2.95 2.90 2.86 2.81 2.76 2.72 2.67 2.63 2.58 2.53 2.49 2.44 2.40
71.0 180.3 3.19 3.14 3.09 3.05 3.00 2.96 2.91 2.86 2.82 2.77 2.73 2.68 2.63 2.59 2.54 2.50 2.45
71.5 181.6 3.24 3.20 3.15 3.11 3.06 3.02 2.97 2.92 2.88 2.83 2.79 2.74 2.69 2.65 2.60 2.56 2.51
72.0 182.9 3.30 3.26 3.21 3.17 3.12 3.07 3.03 2.98 2.94 2.89 2.84 2.80 2.75 2.71 2.66 2.61 2.57
72.5 184.2 3.36 3.32 3.27 3.22 3.18 3.13 3.09 3.04 3.00 2.95 2.90 2.86 2.81 2.77 2.72 2.67 2.63
73.0 185.4 3.42 3.37 3.33 3.28 3.23 3.19 3.14 3.10 3.05 3.00 2.96 2.91 2.87 2.82 2.77 2.73 2.68
73.5 186.7 3.48 3.43 3.38 3.34 3.29 3.25 3.20 3.15 3.11 3.06 3.02 2.97 2.92 2.88 2.83 2.79 2.74
74.0 188.0 3.53 3.49 3.44 3.40 3.35 3.31 3.26 3.21 3.17 3.12 3.08 3.03 2.98 2.94 2.89 2.85 2.80
74.5 189.2 3.59 3.54 3.50 3.45 3.41 3.36 3.31 3.27 3.22 3.18 3.13 3.08 3.04 2.99 2.95 2.90 2.85
75.0 190.5 3.65 3.60 3.56 3.51 3.46 3.42 3.37 3.33 3.28 3.23 3.19 3.14 3.10 3.05 3.00 2.96 2.91
75.5 191.8 3.71 3.66 3.62 3.57 3.52 3.48 3.43 3.39 3.34 3.29 3.25 3.20 3.16 3.11 3.06 3.02 2.97
76.0 193.0 3.76 3.72 3.67 3.62 3.58 3.53 3.49 3.44 3.39 3.35 3.30 3.26 3.21 3.16 3.12 3.07 3.03
76.5 194.3 3.82 3.77 3.73 3.68 3.64 3.59 3.54 3.50 3.45 3.41 3.36 3.31 3.27 3.22 3.18 3.13 3.08
77.0 195.6 3.88 3.83 3.79 3.74 3.70 3.65 3.60 3.56 3.51 3.47 3.42 3.37 3.33 3.28 3.24 3.19 3.14
77.5 196.9 3.94 3.89 3.85 3.80 3.75 3.71 3.66 3.62 3.57 3.52 3.48 3.43 3.39 3.34 3.29 3.25 3.20
78.0 198.1 3.99 3.95 3.90 3.85 3.81 3.76 3.72 3.67 3.62 3.58 3.53 3.49 3.44 3.40 3.35 3.30 3.26
78.5 199.4 4.05 4.01 3.96 3.91 3.87 3.82 3.78 3.73 3.68 3.64 3.59 3.55 3.50 3.45 3.41 3.36 3.32
79.0 200.7 4.11 4.06 4.02 3.97 3.93 3.88 3.83 3.79 3.74 3.70 3.65 3.60 3.56 3.51 3.47 3.42 3.37
79.5 201.9 4.16 4.12 4.07 4.03 3.98 3.93 3.89 3.84 3.80 3.75 3.71 3.66 3.61 3.57 3.52 3.48 3.43
80.0 203.2 4.22 4.18 4.13 4.09 4.04 3.99 3.95 3.90 3.86 3.81 3.76 3.72 3.67 3.63 3.58 3.53 3.49
80.5 204.5 4.28 4.24 4.19 4.14 4.10 4.05 4.01 3.96 3.91 3.87 3.82 3.78 3.73 3.69 3.64 3.59 3.55
81.0 205.7 4.34 4.29 4.24 4.20 4.15 4.11 4.06 4.02 3.97 3.92 3.88 3.83 3.79 3.74 3.69 3.65 3.60
81.5 207.0 4.40 4.35 4.30 4.26 4.21 4.17 4.12 4.07 4.03 3.98 3.94 3.89 3.84 3.80 3.75 3.71 3.66
82.0 208.3 4.45 4.41 4.36 4.32 4.27 4.22 4.18 4.13 4.09 4.04 4.00 3.95 3.90 3.86 3.81 3.77 3.72
82.5 209.6 4.51 4.47 4.42 4.38 4.33 4.28 4.24 4.19 4.15 4.10 4.05 4.01 3.96 3.92 3.87 3.82 3.78
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 8.--Navajo Females FVC Lower Limit of Normal Values, Crapo, et al. (1988)
[Reference value equation: [-2.9769 + (-0.0207)(age) + (0.0448)(height)] x (0.815)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 2.40 2.37 2.34 2.30 2.27 2.23 2.20 2.17 2.13 2.10 2.07 2.03 2.00 1.96 1.93 1.90 1.86
61.5 156.2 2.45 2.42 2.38 2.35 2.32 2.28 2.25 2.21 2.18 2.15 2.11 2.08 2.05 2.01 1.98 1.94 1.91
62.0 157.5 2.50 2.46 2.43 2.40 2.36 2.33 2.30 2.26 2.23 2.19 2.16 2.13 2.09 2.06 2.03 1.99 1.96
62.5 158.8 2.55 2.51 2.48 2.44 2.41 2.38 2.34 2.31 2.28 2.24 2.21 2.17 2.14 2.11 2.07 2.04 2.01
63.0 160.0 2.59 2.56 2.52 2.49 2.45 2.42 2.39 2.35 2.32 2.29 2.25 2.22 2.18 2.15 2.12 2.08 2.05
63.5 161.3 2.64 2.60 2.57 2.54 2.50 2.47 2.43 2.40 2.37 2.33 2.30 2.27 2.23 2.20 2.16 2.13 2.10
64.0 162.6 2.68 2.65 2.62 2.58 2.55 2.52 2.48 2.45 2.41 2.38 2.35 2.31 2.28 2.25 2.21 2.18 2.14
64.5 163.8 2.73 2.69 2.66 2.63 2.59 2.56 2.53 2.49 2.46 2.42 2.39 2.36 2.32 2.29 2.26 2.22 2.19
65.0 165.1 2.78 2.74 2.71 2.67 2.64 2.61 2.57 2.54 2.51 2.47 2.44 2.40 2.37 2.34 2.30 2.27 2.24
65.5 166.4 2.82 2.79 2.75 2.72 2.69 2.65 2.62 2.59 2.55 2.52 2.48 2.45 2.42 2.38 2.35 2.32 2.28
66.0 167.6 2.87 2.83 2.80 2.77 2.73 2.70 2.67 2.63 2.60 2.56 2.53 2.50 2.46 2.43 2.40 2.36 2.33
66.5 168.9 2.91 2.88 2.85 2.81 2.78 2.75 2.71 2.68 2.64 2.61 2.58 2.54 2.51 2.48 2.44 2.41 2.37
67.0 170.2 2.96 2.93 2.89 2.86 2.83 2.79 2.76 2.73 2.69 2.66 2.62 2.59 2.56 2.52 2.49 2.46 2.42
67.5 171.5 3.01 2.98 2.94 2.91 2.87 2.84 2.81 2.77 2.74 2.71 2.67 2.64 2.60 2.57 2.54 2.50 2.47
68.0 172.7 3.05 3.02 2.99 2.95 2.92 2.88 2.85 2.82 2.78 2.75 2.72 2.68 2.65 2.61 2.58 2.55 2.51
68.5 174.0 3.10 3.07 3.03 3.00 2.97 2.93 2.90 2.86 2.83 2.80 2.76 2.73 2.70 2.66 2.63 2.59 2.56
69.0 175.3 3.15 3.11 3.08 3.05 3.01 2.98 2.95 2.91 2.88 2.84 2.81 2.78 2.74 2.71 2.68 2.64 2.61
69.5 176.5 3.19 3.16 3.12 3.09 3.06 3.02 2.99 2.96 2.92 2.89 2.85 2.82 2.79 2.75 2.72 2.69 2.65
70.0 177.8 3.24 3.21 3.17 3.14 3.10 3.07 3.04 3.00 2.97 2.94 2.90 2.87 2.83 2.80 2.77 2.73 2.70
70.5 179.1 3.29 3.25 3.22 3.19 3.15 3.12 3.08 3.05 3.02 2.98 2.95 2.92 2.88 2.85 2.81 2.78 2.75
71.0 180.3 3.33 3.30 3.26 3.23 3.20 3.16 3.13 3.09 3.06 3.03 2.99 2.96 2.93 2.89 2.86 2.82 2.79
71.5 181.6 3.38 3.34 3.31 3.28 3.24 3.21 3.18 3.14 3.11 3.07 3.04 3.01 2.97 2.94 2.91 2.87 2.84
72.0 182.9 3.43 3.39 3.36 3.32 3.29 3.26 3.22 3.19 3.16 3.12 3.09 3.05 3.02 2.99 2.95 2.92 2.89
[[Page 13673]]
72.5 184.2 3.47 3.44 3.41 3.37 3.34 3.30 3.27 3.24 3.20 3.17 3.14 3.10 3.07 3.03 3.00 2.97 2.93
73.0 185.4 3.52 3.48 3.45 3.42 3.38 3.35 3.31 3.28 3.25 3.21 3.18 3.15 3.11 3.08 3.04 3.01 2.98
73.5 186.7 3.56 3.53 3.50 3.46 3.43 3.40 3.36 3.33 3.29 3.26 3.23 3.19 3.16 3.13 3.09 3.06 3.02
74.0 188.0 3.61 3.58 3.54 3.51 3.48 3.44 3.41 3.38 3.34 3.31 3.27 3.24 3.21 3.17 3.14 3.11 3.07
74.5 189.2 3.66 3.62 3.59 3.55 3.52 3.49 3.45 3.42 3.39 3.35 3.32 3.28 3.25 3.22 3.18 3.15 3.12
75.0 190.5 3.70 3.67 3.64 3.60 3.57 3.53 3.50 3.47 3.43 3.40 3.37 3.33 3.30 3.26 3.23 3.20 3.16
75.5 191.8 3.75 3.72 3.68 3.65 3.62 3.58 3.55 3.51 3.48 3.45 3.41 3.38 3.35 3.31 3.28 3.24 3.21
76.0 193.0 3.79 3.76 3.73 3.69 3.66 3.63 3.59 3.56 3.52 3.49 3.46 3.42 3.39 3.36 3.32 3.29 3.25
76.5 194.3 3.84 3.81 3.77 3.74 3.71 3.67 3.64 3.61 3.57 3.54 3.50 3.47 3.44 3.40 3.37 3.34 3.30
77.0 195.6 3.89 3.86 3.82 3.79 3.75 3.72 3.69 3.65 3.62 3.59 3.55 3.52 3.48 3.45 3.42 3.38 3.35
77.5 196.9 3.94 3.90 3.87 3.84 3.80 3.77 3.73 3.70 3.67 3.63 3.60 3.57 3.53 3.50 3.46 3.43 3.40
78.0 198.1 3.98 3.95 3.91 3.88 3.85 3.81 3.78 3.74 3.71 3.68 3.64 3.61 3.58 3.54 3.51 3.47 3.44
78.5 199.4 4.03 3.99 3.96 3.93 3.89 3.86 3.83 3.79 3.76 3.72 3.69 3.66 3.62 3.59 3.56 3.52 3.49
79.0 200.7 4.08 4.04 4.01 3.97 3.94 3.91 3.87 3.84 3.81 3.77 3.74 3.70 3.67 3.64 3.60 3.57 3.54
79.5 201.9 4.12 4.09 4.05 4.02 3.98 3.95 3.92 3.88 3.85 3.82 3.78 3.75 3.71 3.68 3.65 3.61 3.58
80.0 203.2 4.17 4.13 4.10 4.07 4.03 4.00 3.96 3.93 3.90 3.86 3.83 3.80 3.76 3.73 3.69 3.66 3.63
80.5 204.5 4.21 4.18 4.15 4.11 4.08 4.05 4.01 3.98 3.94 3.91 3.88 3.84 3.81 3.78 3.74 3.71 3.67
81.0 205.7 4.26 4.22 4.19 4.16 4.12 4.09 4.06 4.02 3.99 3.95 3.92 3.89 3.85 3.82 3.79 3.75 3.72
81.5 207.0 4.31 4.27 4.24 4.20 4.17 4.14 4.10 4.07 4.04 4.00 3.97 3.93 3.90 3.87 3.83 3.80 3.77
82.0 208.3 4.35 4.32 4.29 4.25 4.22 4.18 4.15 4.12 4.08 4.05 4.02 3.98 3.95 3.91 3.88 3.85 3.81
82.5 209.6 4.40 4.37 4.33 4.30 4.27 4.23 4.20 4.16 4.13 4.10 4.06 4.03 4.00 3.96 3.93 3.89 3.86
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 8A.--Navajo Females FEV-1 Lower Limit of Normal Values, Crapo, et al. (1988)
[Reference value equation: [-1.8110 + (-0.0233)(age) + (0.0347)(height)] x (0.808)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Height Age in years
in Height in ---------------------------------------------------------------------------------------------------------------------------------
inches centimeters 49 51 53 55 57 59 61 63 65 67 69 71 73 75 77 79 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
61.0 154.9 1.96 1.92 1.88 1.84 1.81 1.77 1.73 1.69 1.66 1.62 1.58 1.54 1.51 1.47 1.43 1.39 1.35
61.5 156.2 1.99 1.96 1.92 1.88 1.84 1.81 1.77 1.73 1.69 1.65 1.62 1.58 1.54 1.50 1.47 1.43 1.39
62.0 157.5 2.03 1.99 1.95 1.92 1.88 1.84 1.80 1.77 1.73 1.69 1.65 1.62 1.58 1.54 1.50 1.47 1.43
62.5 158.8 2.07 2.03 1.99 1.95 1.92 1.88 1.84 1.80 1.77 1.73 1.69 1.65 1.61 1.58 1.54 1.50 1.46
63.0 160.0 2.10 2.06 2.02 1.99 1.95 1.91 1.87 1.84 1.80 1.76 1.72 1.69 1.65 1.61 1.57 1.54 1.50
63.5 161.3 2.14 2.10 2.06 2.02 1.99 1.95 1.91 1.87 1.84 1.80 1.76 1.72 1.68 1.65 1.61 1.57 1.53
64.0 162.6 2.17 2.14 2.10 2.06 2.02 1.98 1.95 1.91 1.87 1.83 1.80 1.76 1.72 1.68 1.65 1.61 1.57
64.5 163.8 2.21 2.17 2.13 2.09 2.06 2.02 1.98 1.94 1.91 1.87 1.83 1.79 1.75 1.72 1.68 1.64 1.60
65.0 165.1 2.24 2.21 2.17 2.13 2.09 2.05 2.02 1.98 1.94 1.90 1.87 1.83 1.79 1.75 1.72 1.68 1.64
65.5 166.4 2.28 2.24 2.20 2.17 2.13 2.09 2.05 2.02 1.98 1.94 1.90 1.86 1.83 1.79 1.75 1.71 1.68
66.0 167.6 2.31 2.28 2.24 2.20 2.16 2.13 2.09 2.05 2.01 1.98 1.94 1.90 1.86 1.82 1.79 1.75 1.71
66.5 168.9 2.35 2.31 2.27 2.24 2.20 2.16 2.12 2.09 2.05 2.01 1.97 1.94 1.90 1.86 1.82 1.79 1.75
67.0 170.2 2.39 2.35 2.31 2.27 2.24 2.20 2.16 2.12 2.08 2.05 2.01 1.97 1.93 1.90 1.86 1.82 1.78
67.5 171.5 2.42 2.39 2.35 2.31 2.27 2.23 2.20 2.16 2.12 2.08 2.05 2.01 1.97 1.93 1.90 1.86 1.82
68.0 172.7 2.46 2.42 2.38 2.34 2.31 2.27 2.23 2.19 2.16 2.12 2.08 2.04 2.00 1.97 1.93 1.89 1.85
68.5 174.0 2.49 2.46 2.42 2.38 2.34 2.30 2.27 2.23 2.19 2.15 2.12 2.08 2.04 2.00 1.97 1.93 1.89
69.0 175.3 2.53 2.49 2.45 2.42 2.38 2.34 2.30 2.27 2.23 2.19 2.15 2.12 2.08 2.04 2.00 1.96 1.93
69.5 176.5 2.56 2.53 2.49 2.45 2.41 2.37 2.34 2.30 2.26 2.22 2.19 2.15 2.11 2.07 2.04 2.00 1.96
70.0 177.8 2.60 2.56 2.52 2.49 2.45 2.41 2.37 2.34 2.30 2.26 2.22 2.19 2.15 2.11 2.07 2.03 2.00
70.5 179.1 2.64 2.60 2.56 2.52 2.49 2.45 2.41 2.37 2.33 2.30 2.26 2.22 2.18 2.15 2.11 2.07 2.03
71.0 180.3 2.67 2.63 2.59 2.56 2.52 2.48 2.44 2.41 2.37 2.33 2.29 2.26 2.22 2.18 2.14 2.10 2.07
71.5 181.6 2.71 2.67 2.63 2.59 2.56 2.52 2.48 2.44 2.40 2.37 2.33 2.29 2.25 2.22 2.18 2.14 2.10
72.0 182.9 2.74 2.70 2.67 2.63 2.59 2.55 2.52 2.48 2.44 2.40 2.37 2.33 2.29 2.25 2.22 2.18 2.14
72.5 184.2 2.78 2.74 2.70 2.67 2.63 2.59 2.55 2.52 2.48 2.44 2.40 2.36 2.33 2.29 2.25 2.21 2.18
73.0 185.4 2.81 2.77 2.74 2.70 2.66 2.62 2.59 2.55 2.51 2.47 2.44 2.40 2.36 2.32 2.29 2.25 2.21
73.5 186.7 2.85 2.81 2.77 2.74 2.70 2.66 2.62 2.59 2.55 2.51 2.47 2.43 2.40 2.36 2.32 2.28 2.25
74.0 188.0 2.89 2.85 2.81 2.77 2.73 2.70 2.66 2.62 2.58 2.55 2.51 2.47 2.43 2.40 2.36 2.32 2.28
74.5 189.2 2.92 2.88 2.84 2.81 2.77 2.73 2.69 2.66 2.62 2.58 2.54 2.50 2.47 2.43 2.39 2.35 2.32
75.0 190.5 2.96 2.92 2.88 2.84 2.80 2.77 2.73 2.69 2.65 2.62 2.58 2.54 2.50 2.47 2.43 2.39 2.35
75.5 191.8 2.99 2.95 2.92 2.88 2.84 2.80 2.77 2.73 2.69 2.65 2.62 2.58 2.54 2.50 2.46 2.43 2.39
76.0 193.0 3.03 2.99 2.95 2.91 2.87 2.84 2.80 2.76 2.72 2.69 2.65 2.61 2.57 2.54 2.50 2.46 2.42
76.5 194.3 3.06 3.02 2.99 2.95 2.91 2.87 2.84 2.80 2.76 2.72 2.69 2.65 2.61 2.57 2.53 2.50 2.46
77.0 195.6 3.10 3.06 3.02 2.99 2.95 2.91 2.87 2.83 2.80 2.76 2.72 2.68 2.65 2.61 2.57 2.53 2.50
77.5 196.9 3.13 3.10 3.06 3.02 2.98 2.95 2.91 2.87 2.83 2.80 2.76 2.72 2.68 2.65 2.61 2.57 2.53
78.0 198.1 3.17 3.13 3.09 3.06 3.02 2.98 2.94 2.90 2.87 2.83 2.79 2.75 2.72 2.68 2.64 2.60 2.57
78.5 199.4 3.20 3.17 3.13 3.09 3.05 3.02 2.98 2.94 2.90 2.87 2.83 2.79 2.75 2.72 2.68 2.64 2.60
79.0 200.7 3.24 3.20 3.17 3.13 3.09 3.05 3.02 2.98 2.94 2.90 2.86 2.83 2.79 2.75 2.71 2.68 2.64
79.5 201.9 3.28 3.24 3.20 3.16 3.12 3.09 3.05 3.01 2.97 2.94 2.90 2.86 2.82 2.79 2.75 2.71 2.67
80.0 203.2 3.31 3.27 3.24 3.20 3.16 3.12 3.09 3.05 3.01 2.97 2.93 2.90 2.86 2.82 2.78 2.75 2.71
80.5 204.5 3.35 3.31 3.27 3.23 3.20 3.16 3.12 3.08 3.05 3.01 2.97 2.93 2.90 2.86 2.82 2.78 2.75
81.0 205.7 3.38 3.34 3.31 3.27 3.23 3.19 3.16 3.12 3.08 3.04 3.01 2.97 2.93 2.89 2.85 2.82 2.78
81.5 207.0 3.42 3.38 3.34 3.31 3.27 3.23 3.19 3.15 3.12 3.08 3.04 3.00 2.97 2.93 2.89 2.85 2.82
82.0 208.3 3.45 3.42 3.38 3.34 3.30 3.27 3.23 3.19 3.15 3.12 3.08 3.04 3.00 2.96 2.93 2.89 2.85
82.5 209.6 3.49 3.45 3.42 3.38 3.34 3.30 3.26 3.23 3.19 3.15 3.11 3.08 3.04 3.00 2.96 2.93 2.89
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 13674]]
Appendix B to Part 79--Blood-Gas Study Tables
For arterial blood-gas studies performed at test locations
between sea level and 2,999 feet above sea level:
------------------------------------------------------------------------
Arterial pCO2 and arterial pO2
------------------------------------------------------------------------
25 mmHg or below...................... 80 mmHg or below.
26 mmHg............................... 79 mmHg or below.
27 mmHg............................... 78 mmHg or below.
28 mmHg............................... 77 mmHg or below.
29 mmHg............................... 76 mmHg or below.
30 mmHg............................... 75 mmHg or below.
31 mmHg............................... 74 mmHg or below.
32 mmHg............................... 73 mmHg or below.
33 mmHg............................... 72 mmHg or below.
34 mmHg............................... 71 mmHg or below.
35 mmHg............................... 70 mmHg or below.
36 mmHg............................... 69 mmHg or below.
37 mmHg............................... 68 mmHg or below.
38 mmHg............................... 67 mmHg or below.
39 mmHg............................... 66 mmHg or below.
40-49 mmHg............................ 65 mmHg or below.
Above 50 mmHg......................... Any value.
------------------------------------------------------------------------
For arterial blood-gas studies performed at test locations above
3,000 feet above sea level:
------------------------------------------------------------------------
Arterial pCO2 and arterial pO2
------------------------------------------------------------------------
25 mmHg or below...................... 75 mmHg or below.
26 mmHg............................... 74 mmHg or below.
27 mmHg............................... 73 mmHg or below.
28 mmHg............................... 72 mmHg or below.
29 mmHg............................... 71 mmHg or below.
30 mmHg............................... 70 mmHg or below.
31 mmHg............................... 69 mmHg or below.
32 mmHg............................... 68 mmHg or below.
33 mmHg............................... 67 mmHg or below.
34 mmHg............................... 66 mmHg or below.
35 mmHg............................... 65 mmHg or below.
36 mmHg............................... 64 mmHg or below.
37 mmHg............................... 63 mmHg or below.
38 mmHg............................... 62 mmHg or below.
39 mmHg............................... 61 mmHg or below.
40-49 mmHg............................ 60 mmHg or below.
Above 50 mmHg......................... Any value.
------------------------------------------------------------------------
Appendix C--Radiation Exposure Compensation Act Offset Worksheet--On Site Participants
[Present CPI = 185.20]
----------------------------------------------------------------------------------------------------------------
Claim *
VA payments year Payment Indicated year CPI inflated PV
----------------------------------------------------------------------------------------------------------------
1960 ........................... 29.60 $0.00
----------------------------
1961 ........................... 29.90 $0.00
----------------------------
1962 ........................... 30.20 $0.00
----------------------------
1963 ........................... 30.60 $0.00
----------------------------
1964 ........................... 31.00 $0.00
----------------------------
1965 ........................... 31.50 $0.00
----------------------------
1966 ........................... 32.40 $0.00
----------------------------
1967 ........................... 33.40 $0.00
----------------------------
[[Page 13675]]
1968 ........................... 34.80 $0.00
----------------------------
1969 ........................... 36.70 $0.00
----------------------------
1970 ........................... 38.80 $0.00
----------------------------
1971 ........................... 40.50 $0.00
----------------------------
1972 ........................... 41.80 $0.00
----------------------------
1973 ........................... 44.40 $0.00
----------------------------
1974 ........................... 49.30 $0.00
----------------------------
1975 ........................... 53.80 $0.00
----------------------------
1976 ........................... 56.90 $0.00
----------------------------
1977 ........................... 60.60 $0.00
----------------------------
1978 ........................... 65.20 $0.00
----------------------------
1979 ........................... 72.60 $0.00
----------------------------
1980 ........................... 82.40 $0.00
----------------------------
1981 ........................... 90.90 $0.00
----------------------------
1982 ........................... 96.50 $0.00
----------------------------
1983 ........................... 99.60 $0.00
----------------------------
1984 ........................... 103.90 $0.00
----------------------------
1985 ........................... 107.60 $0.00
----------------------------
1986 ........................... 109.60 $0.00
----------------------------
1987 ........................... 113.60 $0.00
----------------------------
1988 ........................... 118.30 $0.00
----------------------------
1989 ........................... 124.00 $0.00
----------------------------
1990 ........................... 130.70 $0.00
----------------------------
1991 ........................... 136.20 $0.00
----------------------------
1992 ........................... 140.30 $0.00
----------------------------
1993 ........................... 144.50 $0.00
----------------------------
1994 ........................... 148.20 $0.00
----------------------------
1995 ........................... 152.40 $0.00
----------------------------
1996 ........................... 156.90 $0.00
----------------------------
1997 ........................... 160.50 $0.00
----------------------------
1998 ........................... 163.00 $0.00
----------------------------
1999 ........................... 166.60 $0.00
----------------------------
2000 ........................... 172.20 $0.00
----------------------------
2001 ........................... 177.10 $0.00
----------------------------
2002 ........................... 179.90 $0.00
----------------------------
2003 ........................... 184.00 $0.00
----------------------------
[[Page 13676]]
2004 ........................... .......................... ..........................
----------------------------
Total, Column 4 ``Actuarial Present $0.00
Value''
of past payments =
----------------------------
NET AMOUNT OWED CLAIMANT ($75,000 less APV) $75,000.00
----------------------------
........................... .......................... ..........................
----------------------------
........................... Past CPI ..........................
----------------------------
xxxx ........................... .......................... ??
----------------------------------------------------------------------------------------------------------------
* Inflated PV is computed as {payment X (current CPI/Year's CPI){time} .
Dated: March 9, 2004.
James B. Comey,
Deputy Attorney General.
[FR Doc. 04-5732 Filed 3-22-04; 8:45am]
BILLING CODE 4410-12-P