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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; b the accuracy of the Agencys estimate of the burden of the proposed collection of information; c ways to enhance the quality, utility, and clarity of the information to be collected; d ways to minimize the burden of the collection of information
Title
37.204

Authorization for Payment of Autopsy

E. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 2 U.S.C. 1531 et seq. directs agencies to assess the effects of Federal regulatory actions on State, local, and Tribal governments, and the private sector other than to the extent that such regulations incorporate requirements specifically set forth in law. For purposes of the Unfunded Mandates Reform Act, this final rule does not include any Federal mandate that may result in increased annual expenditures in excess of $100 million by State, local, or Tribal governments in the aggregate, or by the private sector.
F. Executive Order 12988 Civil Justice Reform This final rule has been drafted and reviewed in accordance with Executive Order 12988 and will not unduly burden the Federal court system. This rule has been reviewed carefully to eliminate drafting errors and ambiguities.
G. Executive Order 13132 Federalism HHS has reviewed this final rule in accordance with Executive Order 13132
regarding federalism and has determined that it does not have federalism implications. The rule does 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.

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H. Executive Order 13045 Protection of Children From Environmental Health Risks and Safety Risks In accordance with Executive Order 13045, HHS has evaluated the environmental health and safety effects of this final rule on children. HHS has determined that the rule will have no environmental health and safety effect on children.
I. Executive Order 13211 Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use In accordance with Executive Order 13211, HHS has evaluated the effects of this final rule on energy supply, distribution, or use, and has determined that the rule will not have a significant adverse effect.
J. Plain Writing Act of 2010
Under Public Law 111274 October 13, 2010, executive Departments and Agencies are required to use plain language in documents that explain to the public how to comply with a requirement the Federal government administers or enforces. HHS has attempted to use plain language in promulgating the final rule consistent with the Federal Plain Writing Act guidelines.
List of Subjects in 42 CFR Part 37
Autopsy, Chronic Obstructive Pulmonary Disease, Coal Workers Pneumoconiosis, Incorporation by reference, Lung diseases, Mine safety and health, Occupational safety and health, Part 90 miner, Part 90 transfer rights, Pneumoconiosis, Respiratory and pulmonary diseases, Silicosis, Spirometry, Surface coal mining, Underground coal mining, X-rays.

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to submit an autopsy to the Coal Workers Health Surveillance Program must first obtain written authorization from the NIOSH Respiratory Health Division. HHS expects an average of about four requests for prior authorization annually. HHS estimates that each request for prior authorization will take no more than 15 minutes to complete, averaging about one hour annually over a period of years.
Average burden per response min
Responses per respondent
Number of respondents
Section
D. Small Business Regulatory Enforcement Fairness Act As required by Congress under the Small Business Regulatory Enforcement Fairness Act of 1996 5 U.S.C. 801 et seq., HHS will report the promulgation of this rule to Congress prior to its effective date.

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on respondents; and e information collection costs. Written comments must be received within 30 days of the publication of this notice. The addition of additional paperwork requirements resulting from this final rule will increase the burden associated with the following provision:
Section 37.204 Procedure for obtaining payment. This section establishes that a pathologist who wants
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Final Rule For the reasons discussed in the preamble, the Department of Health and Human Services amends 42 CFR part 37
as follows:
PART 37SPECIFICATIONS FOR
MEDICAL EXAMINATIONS OF COAL
MINERS
1. The authority citation for part 37
continues to read as follows:

Authority: Sec. 203, 83 Stat. 763, 30 U.S.C.
843, unless otherwise noted.

2. Revise 37.201 to read as follows:

37.201

Definitions.

As used in this subpart:
a Secretary means the Secretary of Health and Human Services.
b Miner means any individual who during their life was employed in any coal mine.
c Pathologist means:
1 A physician certified in anatomic pathology or pathology by the American Board of Pathology or the American Osteopathic Board of Pathology, 2 A physician who possesses qualifications which are considered board-eligible by the American Board of Pathology or American Osteopathic Board of Pathology, or 3 An intern, resident, or other physician in a training program in pathology who performs the autopsy under the supervision of a pathologist as defined in paragraph c 1 or 2 of this section.
d NIOSH means the National Institute for Occupational Safety and Health, located within the Centers for Disease Control and Prevention CDC.
Within NIOSH, the Respiratory Health Division formerly called the Division of Respiratory Disease Studies and the Appalachian Laboratory for Occupational Safety and Health is the organizational unit that has
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