[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR79.61]

[Page 371-373]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79_CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT
--Table of Contents
 
      Subpart G_Eligibility Criteria for Claims by Ore Transporters
 
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 
transporting or hauling of uranium ore

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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

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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.