August 22, 2006 – Federal Register Recent Federal Regulation Documents

On July 3, 2006, we published in the Federal Register (71 FR 37990) interim final regulations for the Academic Competitiveness Grant and National Science and Mathematics Access to Retain Talent Grant programs. The interim final regulations also amended the Student Assistance General Provisions, Federal Perkins Loan Program, Federal Work-Study Programs, Federal Supplemental Educational Opportunity Grant Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Federal Pell Grant Program. In the DATES section of that notice, we inadvertently left two regulations off the list of regulations that contain information collection requirements with which affected parties need not comply until we publish in the Federal Register the control numbers assigned to these information collection requirements by the Office of Management and Budget. This notice corrects the error as follows: On page 37990, in the second column, under the DATES section, in the third sentence, insert ``691.16, 691.82,'' immediately following ``691.15,''. In addition, we inadvertently included an incorrect citation in the notice of interim final regulations. This notice corrects the error as follows: On page 37993, in the third column, in the first sentence of the paragraph beginning ``Reason:'', replace ``34 CFR 660.2'' with ``34 CFR 600.2''.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings for two petitions to remove the island night lizard (Xantusia riversiana) from the Federal List of Endangered and Threatened Wildlife and Plants pursuant to the Endangered Species Act (Act). We find that one of the petitions presents substantial scientific or commercial information indicating that delisting may be warranted, and we are therefore initiating a status review. We are requesting submission of any new information on the island night lizard since its original listing as a threatened species in 1977. Following this status review, we will issue a 12-month finding on the petition to delist.

The EPA is proposing to approve revisions to the State Implementation Plan (SIP) submitted by the state of Texas for the Dallas/Fort Worth (DFW) nonattainment area as meeting 1-hour ozone serious area requirements. EPA is proposing to approve the 5% Increment of Progress (IOP) emission reduction plan, the 2002 base year inventory, and a 2007 motor vehicle emission budget for the DFW 8-hour ozone nonattainment area. EPA is also proposing to approve a Federal consent decree concerning the Alcoa Rockdale plant in Milam County; energy efficiency measures implemented within the DFW 8-hour ozone nonattainment area; and revisions to 30 TAC, Chapter 117, Control of Air Pollution From Nitrogen Compounds, concerning stationary reciprocating internal combustion engines operating within the DFW 8- hour ozone nonattainment area. These revisions will allow the State of Texas to fulfill remaining obligations under the 1-hour ozone standard in the DFW nonattainment area. These actions are being taken in accordance with section 110 and part D of the Clean Air Act (the Act) and EPA's regulations. The intended effect of this action is to approve revisions submitted which satisfy outstanding 1-hour ozone obligations for the DFW area and result in emission reductions within 3 years of the DFW area's nonattainment designation under the 8-hour ozone standard.

On June 23, 2006, the United States Environmental Protection Agency (EPA) Region 6, published a direct final deletion (71 FR 36015) to delete the Brio Refining, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The EPA is withdrawing this final action due to an adverse comment received during the public comment period. After consideration of the comment received, if appropriate, EPA will publish a notice of deletion in the Federal Register based on the parallel notice of proposed deletion (71 FR 36015) dated June 23, 2006 and place a copy of the final deletion package, including a Responsiveness Summary in the Site repositories.

The Office of Foreign Assets Control of the U.S. Department of the Treasury is amending the Iranian Transactions Regulations, 31 CFR part 560, effective immediately, to add a new general license authorizing U.S. persons who are employees or contractors of six international organizations to perform transactions for the conduct of the official business of those organizations in or involving Iran.

The Secretary proposes to amend the regulations governing the Magnet Schools Assistance Program (MSAP) in 34 CFR part 280. These proposed amendments would allow the MSAP to use an approach similar to that in 34 CFR 75.200 for establishing selection criteria in grant competitions. Under this approach the MSAP would have the flexibility to use selection criteria from its program regulations, from the menu of general selection criteria in the Education Department General Administrative Regulations (EDGAR) in 34 CFR 75.210, based on statutory provisions in accordance with 34 CFR 75.209, or from any combination of these.

This proposed rule would implement sections 704 and 705 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. These provisions would apply to eligible family members who become eligible for TRICARE as a result of their Reserve Component (RC) sponsor (including those with delayed effective date orders up to 90 days) being called or ordered to active duty for more than 30 days in support of a federal/contingency operation and choose to participate in TRICARE Standard or Extra, rather than enroll in TRICARE Prime. The first provision would provide the Secretary the authority to waive the annual TRICARE Standard (or Extra) deductible, which is set by law (10 U.S.C. 1079(b)) at $150 per individual and $300 per family ($50/$150 for families of members in pay grades E-4 and below). The second provision would provide the Secretary the authority to increase TRICARE payments up to 115 percent of the TRICARE maximum allowable charge, less the applicable patient cost share if not previously waived under the first provision, for covered outpatient health services received from a provider that does not participate (accept assignment) with TRICARE. These provisions would help ensure timely access to health care and maintain clinically appropriate continuity of health care to family members of Reservists and Guardsmen activated in support of a federal/contingency operation; limit the out-of-pocket health care expenses for those family members; and remove potential barriers to health care access by Guard and Reserve families.

The National Marine Fisheries Service (NMFS) is publishing its final List of Fisheries (LOF) for 2006, as required by the Marine Mammal Protection Act (MMPA). The final LOF for 2006 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must categorize each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The categorization of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.

This document makes amendments to the Department of Homeland Security Acquisition Regulation (HSAR) to delete any reference to the term ``Organizational Elements'', and to use instead, the term, ``Components'' in accordance with internal Department of Homeland Security (DHS) changes. These changes are technical amendments and make no substantive changes to the regulation.

This proposed rule would address certain provisions of the Deficit Reduction Act of 2005, as well as make other proposed changes to Medicare Part B payment policy. We are proposing these changes to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. This proposed rule also discusses geographic practice cost indices (GPCI) changes; requests for additions to the list of telehealth services; payment for covered outpatient drugs and biologicals; payment for renal dialysis services; policies related to private contracts and opt-out; policies related to bone mass measurement services, independent diagnostic testing facilities, the physician self-referral prohibition; laboratory billing for the technical component (TC) of physician pathology services; the clinical laboratory fee schedule; certification of advanced practice nurses; health information technology, and the health care information transparency initiative.