42 CFR § 83.12 - How will NIOSH notify petitioners, the Board, and the public of petitions that have been selected for evaluation?

---
identifier: "/us/cfr/t42/s83.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 83.12 - How will NIOSH notify petitioners, the Board, and the public of petitions that have been selected for evaluation?"
title_number: 42
title_name: "Public Health"
section_number: "83.12"
section_name: "How will NIOSH notify petitioners, the Board, and the public of petitions that have been selected for evaluation?"
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "OCCUPATIONAL SAFETY AND HEALTH RESEARCH AND RELATED ACTIVITIES"
part_number: "83"
part_name: "PROCEDURES FOR DESIGNATING CLASSES OF EMPLOYEES AS MEMBERS OF THE SPECIAL EXPOSURE COHORT UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7384q; E.O. 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321."
regulatory_source: "69 FR 30780, May 28, 2004, unless otherwise noted."
cfr_part: "83"
---


# 83.12 How will NIOSH notify petitioners, the Board, and the public of petitions that have been selected for evaluation?

(a) NIOSH will notify the petitioner(s) in writing that it has selected the petition for evaluation. NIOSH will also provide the petitioner(s) with information on the steps of the evaluation and other processes required pursuant to these procedures.

(b) NIOSH will combine separate petitions and evaluate them as a single petition if, at this or at any point in the evaluation process under §§ 83.13 and 83.14, NIOSH finds such petitions represent the same class of employees.

(c) NIOSH will present petitions selected for evaluation to the Board with plans specific to evaluating each petition. Each evaluation plan will include the following elements:

(1) An initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation conducted under § 83.13 or § 83.14; and

(2) A list of activities for evaluating the radiation exposure potential of the class and the adequacy of existing records and information needed to conduct dose reconstructions for all class members under 42 CFR part 82.

(d) NIOSH may initiate work to evaluate a petition immediately, prior to presenting the petition and evaluation plan to the Board.

(e) NIOSH will publish a notice in the *Federal Register* notifying the public of its decision to evaluate a petition.