1 HHS will determine the final class definition(s) for each petition (see §83.16).
2 Depending on the factual circumstances present, a facility that meets the definition of an AWE facility or DOE facility covered under EEOICPA ( 42 U.S.C. 7384l(5) and (12) ) could, among other possibilities, constitute a single building or structure, including the grounds upon which it is located, or a site encompassing numerous buildings or structures, including the grounds upon which it is located.
3 An affidavit may be from a petitioner but HHS does not require that an affidavit be from a petitioner.
Table 1 for §83.9: Summary of Informational Requirements for All Petitions
[Petitioner(s) must submit identifying and contact information and either A. or B. of this table.]
A. The claimant's authorization of the petition, based on NIOSH having found it could not complete a dose reconstrucitn for the claimant submitting the petition; or | B. (1) A proposed class definition identifying: (i) Facility, (ii) relevant locations at the facility; (iii) job titles/duties, (iv) period of employment, and if relevant, (v) exposure incident. (2) The basis for infeasibility of dose reconstruction; either: (i) lack of monitoring; or (ii) destruction, falsification, or loss of records; or (iii) expert report; or (iv) scientific or technical report. |
42 C.F.R. § 83.9