Student Assistance General Provisions; Teacher Education Assistance for College and Higher Education (TEACH) Grant Program; Federal Pell Grant Program; Academic Competitiveness Grant Program and National Science and Mathematics Access To Retain Talent Grant Program, 31182-31183 [E9-15369]
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31182
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. This rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(32)(e) of the Instruction, from further
environmental documentation.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
rmajette on PRODPC74 with RULES
■
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
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Jkt 217001
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.255 revise paragraph
(a)(2)(i) to read as follows:
■
§ 117.255
Potomac River.
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(a) * * *
(2) * * *
(i) From Monday through Friday
(except Federal holidays), 5 a.m. to 8
p.m.
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Dated: June 25, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard
Commander, Fifth Coast Guard District.
[FR Doc. E9–15559 Filed 6–26–09; 4:15 pm]
BILLING CODE 4910–15–P
DEPARTMENT OF EDUCATION
34 CFR Parts 668, 686, 690, and 691
[Docket ID ED–2009–OPE–0001]
RIN 1840–AC96
Student Assistance General
Provisions; Teacher Education
Assistance for College and Higher
Education (TEACH) Grant Program;
Federal Pell Grant Program; Academic
Competitiveness Grant Program and
National Science and Mathematics
Access To Retain Talent Grant
Program
AGENCY: Office of Postsecondary
Education, Department of Education.
ACTION: Interim final rule; correction.
SUMMARY: The Department of Education
is correcting an interim final regulation
that was published in the Federal
Register on May 1, 2009. These interim
final regulations implemented
provisions of the Higher Education Act
of 1965 (HEA), as amended by the
Ensuring Continued Access to Student
Loans Act of 2008 (ECASLA) and the
Higher Education Opportunity Act of
2008 (HEOA), related to the Academic
Competitiveness Grant (ACG) and
National Science and Mathematics
Access to Retain Talent Grant (National
SMART Grant) Programs.
DATES: Effective July 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Sophia McArdle, Office of
Postsecondary Education, U.S.
Department of Education, 1990 K Street,
NW., Room 8019, Washington, DC
20006–8544. Telephone: (202) 219–
7078.
PO 00000
Frm 00030
Fmt 4700
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If you use a telecommunications
device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at 1–
800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or computer diskette) on
request to the contact person listed
under this section.
SUPPLEMENTARY INFORMATION:
Electronic Access to This Document:
You can view this document, as well as
all other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: https://www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Delegation of Authority: The Secretary
of Education has delegated authority to
Daniel T. Madzelan, Director,
Forecasting and Policy Analysis for the
Office of Postsecondary Education, to
perform the functions of the Assistant
Secretary for Postsecondary Education.
■ In FR Doc. E9–10094, appearing on
page 20210 in the Federal Register on
May 1, 2009, the following corrections
are made:
§ 691.63
[Corrected]
1. On page 20224, in the second
column, in § 691.63, in amendment 19,
instruction G is corrected to read as
follows: ‘‘Revising paragraph (c)(3).’’
■ 2. On page 20224, in the second
column, the regulatory text of § 691.63
is corrected by setting out the revised
paragraph (c)(3) as follows:
■
§ 691.63 Calculation of a grant for a
payment period.
*
*
*
*
*
(c) * * *
(3) Multiplying his or her ACG or
National SMART Grant annual award
determined under paragraph (c)(2) of
this section by the following fraction as
applicable: or
In a program using semesters or
trimesters—
E:\FR\FM\30JNR1.SGM
30JNR1
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations
31183
The number of weeks of instructional time offered in the
program in the fall and spring semesters or trimesters
The number of weeks of instructional time in the program’s
e
academic year
; or
In a program using quarters—
*
*
*
Dated: June 24, 2009.
Daniel T. Madzelan,
Director, Forecasting and Policy Analysis.
[FR Doc. E9–15369 Filed 6–29–09; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 431, 433, 440 and 441
[CMS–2287–F2; CMS–2213–F2; CMS 2237–
F]
RIN 0938–AP75
Medicaid Program: Rescission of
School-Based Administration/
Transportation Final Rule, Outpatient
Hospital Services Final Rule, and
Partial Rescission of Case
Management Interim Final Rule
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule.
This rule finalizes our
proposal to rescind the December 28,
2007 final rule entitled, ‘‘Elimination of
Reimbursement under Medicaid for
School Administration Expenditures
and Costs Related to Transportation of
School-Age Children Between Home
and School;’’ the November 7, 2008
final rule entitled, ‘‘Clarification of
Outpatient Hospital Facility (Including
Outpatient Hospital Clinic) Services
Definition;’’ and certain provisions of
the December 4, 2007 interim final rule
entitled, ‘‘Optional State Plan Case
Management Services.’’ These
regulations have been the subject of
Congressional moratoria and have not
yet been implemented (or, with respect
to the case management interim final
rule, have only been partially
implemented) by CMS. In light of
rmajette on PRODPC74 with RULES
SUMMARY:
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14:04 Jun 29, 2009
Jkt 217001
concerns raised about the adverse
effects that could result from these
regulations, in particular, the potential
restrictions on services available to
beneficiaries and the lack of clear
evidence demonstrating that the
approaches taken in the regulations are
warranted, CMS is rescinding the two
final rules in full, and partially
rescinding the interim final rule.
Rescinding these provisions will permit
further opportunity to determine the
best approach to further the objectives
of the Medicaid program in providing
necessary health benefits coverage to
needy individuals.
DATES: Effective Date: These regulations
are effective on July 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Sharon Brown (410) 786–0673 or Judi
Wallace (410) 786–3197, for issues
related to the School-Based
Administration/Transportation final
rule.
Jeremy Silanskis (410) 786–1592, for
issues related to the Outpatient Hospital
Services final rule.
Jean Close (410) 786–2804 or Melissa
Harris (410) 786–3397, for issues related
to the Case Management interim final
rule.
SUPPLEMENTARY INFORMATION:
I. Background
A. Elimination of Reimbursement Under
Medicaid for School Administration
Expenditures and Costs Related to
Transportation of School-Age Children
Between Home and School
Under the Medicaid program, Federal
payment is available for the costs of
administrative activities as found
necessary by the Secretary for the
proper and efficient administration of
the State plan. On December 28, 2007,
we published a final rule entitled,
‘‘Elimination of Reimbursement under
Medicaid for School Administration
Expenditures and Costs Related to
Transportation of School-Age Children
Between Home and School’’ (hereinafter
referred to as the School-Based
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
Administration/Transportation final
rule (72 FR 73635)), to eliminate Federal
Medicaid payment for the costs of
certain school-based administrative and
transportation activities based on a
Secretarial finding that these activities
are not necessary for the proper and
efficient administration of the Medicaid
State plan and are not within the
definition of the optional transportation
benefit. Under the final rule, Federal
Medicaid payments were not available
for administrative activities performed
by school employees or contractors, or
anyone under the control of a public or
private educational institution, or for
transportation between home and
school. Federal financial participation
(FFP) remained available for covered
services furnished at or through a school
that are included in a child’s
individualized education program (IEP),
and for transportation from school to a
provider in the community for a covered
service. FFP also remained available for
the costs of school-based Medicaid
administrative activities conducted by
employees of the State or local Medicaid
agency, and for transportation to and
from a school for children who are not
yet school age but are receiving covered
direct medical services at the school.
The December 28, 2007, School-Based
Administration/Transportation final
rule became effective on February 26,
2008. Subsequent to publication of the
final rule, section 206 of the Medicare,
Medicaid, and SCHIP Extension Act of
2007 (Pub. L. 110–173) imposed a
moratorium until June 30, 2008, that
precluded CMS from imposing any
restrictions contained in the rule that
are more stringent than those applied as
of July 1, 2007. Section 7001(a)(2) of the
Supplemental Appropriations Act of
2008 (Pub. L. 110–252) extended this
moratorium until April 1, 2009; and
section 5003(b) of the American
Recovery and Reinvestment Act of 2009
(the Recovery Act) (Pub. L. 111–5)
further extended the moratorium until
July 1, 2009.
E:\FR\FM\30JNR1.SGM
30JNR1
ER30JN09.006</MATH>
; and
*
*
ER30JN09.007</MATH>
The number of weeks of instructional time offered in the
program in the fall, winter, and spring quarters
The number of weeks of instructional time in the program’s
academic year
]]>Agencies
[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Rules and Regulations]
[Pages 31182-31183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15369]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Parts 668, 686, 690, and 691
[Docket ID ED-2009-OPE-0001]
RIN 1840-AC96
Student Assistance General Provisions; Teacher Education
Assistance for College and Higher Education (TEACH) Grant Program;
Federal Pell Grant Program; Academic Competitiveness Grant Program and
National Science and Mathematics Access To Retain Talent Grant Program
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Interim final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Department of Education is correcting an interim final
regulation that was published in the Federal Register on May 1, 2009.
These interim final regulations implemented provisions of the Higher
Education Act of 1965 (HEA), as amended by the Ensuring Continued
Access to Student Loans Act of 2008 (ECASLA) and the Higher Education
Opportunity Act of 2008 (HEOA), related to the Academic Competitiveness
Grant (ACG) and National Science and Mathematics Access to Retain
Talent Grant (National SMART Grant) Programs.
DATES: Effective July 1, 2009.
FOR FURTHER INFORMATION CONTACT: Sophia McArdle, Office of
Postsecondary Education, U.S. Department of Education, 1990 K Street,
NW., Room 8019, Washington, DC 20006-8544. Telephone: (202) 219-7078.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities can obtain this document in an
accessible format (e.g., braille, large print, audiotape, or computer
diskette) on request to the contact person listed under this section.
SUPPLEMENTARY INFORMATION:
Electronic Access to This Document: You can view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: https://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/.
Delegation of Authority: The Secretary of Education has delegated
authority to Daniel T. Madzelan, Director, Forecasting and Policy
Analysis for the Office of Postsecondary Education, to perform the
functions of the Assistant Secretary for Postsecondary Education.
0
In FR Doc. E9-10094, appearing on page 20210 in the Federal Register on
May 1, 2009, the following corrections are made:
Sec. 691.63 [Corrected]
0
1. On page 20224, in the second column, in Sec. 691.63, in amendment
19, instruction G is corrected to read as follows: ``Revising paragraph
(c)(3).''
0
2. On page 20224, in the second column, the regulatory text of Sec.
691.63 is corrected by setting out the revised paragraph (c)(3) as
follows:
Sec. 691.63 Calculation of a grant for a payment period.
* * * * *
(c) * * *
(3) Multiplying his or her ACG or National SMART Grant annual award
determined under paragraph (c)(2) of this section by the following
fraction as applicable: or
In a program using semesters or trimesters--
[[Page 31183]]
[GRAPHIC] [TIFF OMITTED] TR30JN09.006
; or
In a program using quarters--
[GRAPHIC] [TIFF OMITTED] TR30JN09.007
; and
* * * * *
Dated: June 24, 2009.
Daniel T. Madzelan,
Director, Forecasting and Policy Analysis.
[FR Doc. E9-15369 Filed 6-29-09; 8:45 am]
BILLING CODE 4000-01-P
