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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
exposure, where feasible. For purposes of 721.63a5 respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of at least 1000.
ii Reserved b Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph b.
1 Recordkeeping. Recordkeeping requirements as specified in 721.125a though d are applicable to manufacturers and processors of this substance.
2 Limitation or revocation of certain notification requirements. The provisions of 721.185 apply to this section.
PART 725REPORTING
REQUIREMENTS AND REVIEW
PROCESSES FOR MICROORGANISMS
5. The authority citation for part 725
continues to read as follows:

Authority: 15 U.S.C. 2604, 2607, 2613, and 2625.

6. Add 725.1079 to read as follows:

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725.1079 Arsenic detecting strain of E.
coli with extra-chromosomal elements, including an intergeneric screening marker generic.

a Microorganism and significant new uses subject to reporting. 1 The genetically-modified microorganism identified generically as arsenic detecting strain of E. coli with extrachromosomal elements, including an intergeneric screening marker MCAN J
1841 is subject to reporting under this section for the significant new uses described in paragraph a2 of this section.
2 The significant new uses are:
i It is a significant new use to manufacture excluding import the microorganism in the United States for any use.
ii It is a significant new use to use the microorganism other than to detect arsenic in small water samples.
b Specific requirements. The provisions of subpart L of this part apply to this section except as modified by this paragraph b.
1 Recordkeeping. Recordkeeping requirements as specified in 725.950b2 through 4 are applicable to manufacturers and processors of this microorganism.
2 Modification or revocation of certain notification requirements. The provisions of 725.984 apply to this section.
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 37
Docket No. CDC20190088; NIOSH330
RIN 0920AA68

Coal Workers Health Surveillance Program: Autopsy Payment Centers for Disease Control and Prevention, HHS.
ACTION: Final rule.
AGENCY:

With this final rule, HHS
amends existing regulatory text to allow compensation for pathologists who perform autopsies on coal miners at a market rate, on a discretionary basis as needed for public health purposes. HHS
has determined that the agency needs additional time to consider the public comments received on the addition of procedures for suspending or revoking B
Reader certification, as proposed in the notice of proposed rulemaking preceding this final rule; those procedures will be finalized at a later date.

SUMMARY:

This rule is effective on July 6, 2021. Comments on the information collection approval request sought under the Paperwork Reduction Act must be received by June 7, 2021.
ADDRESSES: Submit comments on the Paperwork Reduction Act information collection to CDC Desk Officer, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to 202 3955806.
FOR FURTHER INFORMATION CONTACT:
Rachel Weiss, Program Analyst; 1090
Tusculum Ave., MS: C48, Cincinnati, OH 45226; telephone 855 8181629
this is a toll-free number; email NIOSHregs@cdc.gov.
SUPPLEMENTARY INFORMATION:
DATES:

I. Public Participation HHS invited interested parties to participate in a proposed rulemaking published on February 14, 2020 85 FR
8521 by submitting written views, opinions, recommendations, and data.
HHS received 12 submissions from 11
commenters, including unaffiliated individuals, professional societies, trade associations, a labor union, and a law firm. No submissions were received regarding the proposed Paperwork Reduction Act information collection.
Within the February 14, 2020
rulemaking, HHS published a Proposed Data Collection Submitted for Public Comment and Recommendations to obtain comments from the public and affected agencies.

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HHS did not receive comments related to the previous notice. This notice serves to allow an additional 30 days for public and affected agency comments.
To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, email omb@cdc.gov.
Comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/
do/PRAMain. Find this particular information collection by selecting Currently under 30-day ReviewOpen for Public Comments or by using the search function. Direct written comments and/or suggestions regarding the items contained in this notice to the Attention: CDC Desk Officer, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to 202 3955806. Provide written comments within 30 days of notice publication.
II. Statutory Authority The Federal Mine Safety and Health Act of 1977 Pub. L. 91173, 30 U.S.C.
801 et seq. Mine Act, authorizes the HHS Secretary Secretary to work with coal mine operators to make available to coal miners the opportunity to have regular and routine chest radiographs X-rays in order to detect coal workers pneumoconiosis i.e., black lung and prevent its progression in individual miners. The Mine Act grants the Secretary general authority to issue regulations as is deemed appropriate to carry out provisions of the Act and authorizes the Coal Workers Health Surveillance Program Program, within the NIOSH Respiratory Health Division, to detect pneumoconiosis and prevent its progression in individual miners and to provide information to NIOSH for the evaluation of temporal and geographic trends in pneumoconiosis. The Mine Act also authorizes the Secretary to establish specifications for the reading of radiographs and to pay for autopsies submitted to the Program.
III. Background and Need for Rulemaking The NIOSH Respiratory Health Division uses coal miner autopsies to study important issues affecting coal miners, such as evaluating the cause of rapidly progressive and severe pneumoconiosis by assessing its pathology and determining the lung content of mineral particles relative to what was seen in the past. Also, autopsies are sometimes requested after mine disasters. With this final rule, regulatory language promulgated over 45 years ago is updated to reflect the
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