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COURTHOUSE NEWS SERVICE
Federal Regulation Brief
January 22, 2007
Today’s Brief Includes:
AGRICULTURE, HEALTH, EDUCATION, LAW, SOCIAL SERVICES
(Jan 14-18)
Agriculture (USDA)
Education (USDE)
Health (HHS)
Housing (HUD) – no newly published regulations this week
Justice (DOJ) – no newly published regulations this week
Social Security (SSA)
Veterans Affairs (VA)
NATIONAL SECURITY, COMMUNICATION
(Jan 15-21)
Communication (FCC)
Defense (DOD)
Homeland Security (DHS)
Postal Service (USPS) – no newly published regulations this week
Selective Service System (SSS) – no newly published regulations this week
State (DOS) – no newly published regulations this week
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
AGRICULTURAL MARKETING SERVICE (AMS)
Domestic dates produced or packed in Riverside County, California,
decreased assessment rate: Domestic Dates Produced or Packed in Riverside
County, CA; Decreased Assessment Rate, Federal Register, January 18, 2008,
Volume 73, Number 13, Rules and Regulations, Page 3377, 7 CFR Part 987, Docket
No. AMS-FV-07-0104, FV07-987-1 FIR, Final rule.
[TEXT] [PDF]
(This final rule is effective February 19, 2008.)
SUMMARY: The Department of Agriculture (USDA) adopts, as a final rule, without
change, an interim final rule which decreased the assessment rate established for
the California Date Administrative Committee (committee) for the 2007-08 and later
crop years from $0.95 to $0.75 per hundredweight of dates handled. The committee
locally administers the marketing order which regulates the handling of dates grown
or packed in Riverside County, California. Assessments upon date handlers are used
by the committee to fund reasonable and necessary expenses of the program. The
crop year began October 1 and ends September 30. The assessment rate remains in
effect indefinitely unless modified, suspended, or terminated.
-----------------------------
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
Bovine Spongiform Encephalopathy, minimal-risk regions, identification of
ruminants, and processing and importation of commodities: Bovine
Spongiform Encephalopathy; Minimal-Risk Regions; Identification of Ruminants, and
Processing and Importation of Commodities, Federal Register, January 18, 2008,
Volume 73, Number 13, Rules and Regulations, Page 3379, 9 CFR Parts 93, 94, and
95, Docket No. APHIS-2006-0026, RIN 0579-AC45, Final rule.
[TEXT] [PDF]
(This final rule is effective February 19, 2008.)
SUMMARY: The Animal and Plant Health Inspection Service (APHIS) amends the
regulations for the importation of animals and animal products to remove several
restrictions regarding the identification of animals and the processing of ruminant
materials from regions that present a minimal risk of introducing bovine spongiform
encephalopathy (BSE) into the United States.
RESTRICTIONS REMOVED: The following restrictions are removed on certain exports
to the United States from BSE minimal-risk regions:
1. IDENTIFICATION BY EARTAGS: Animal exporters in BSE minimal-risk regions
may individually identify bovines, sheep, and goats being exported to the
United States by means other than eartags. The word “eartags” is changed to
“official identification,” which may be made by means of official tags, tattoos,
and registered brands accompanied by a certificate of inspection from a
recognized brand inspection authority. For animals intended for importation
into the United States, the device or method of identification used must have
been approved by the Administrator for that type of import before the animal
is exported to the United States.
2. EXCLUSION OF HIDE-DERIVED GELATIN FROM BSE MINIMAL-RISK REGIONS:
U.S. entities will be allowed to import hide-derived, in addition to bonederived, gelatin from BSE minimal-risk regions. (APHIS states that Bovine
hides have not demonstrated BSE infectivity, even in infected animals, and
the safety of bovine hides with regard to BSE is recognized internationally.)
3. EXCLUSION OF NONRUMINANT MATERIALS PROCESSED IN THE SAME
FACILITY AS RUMINANT MATERIALS IN A BSE MINIMAL-RISK REGION:
Nonruminant materials that are processed in the same facility as ruminant
materials in a BSE minimal-risk region will be allowed to be exported to the
United States.
AMENDMENTS: The amendments begin on page 3383 of the linked document.
------------------------------------------EDUCATION (USDE)
NEWLY PUBLISHED REGULATIONS
Measuring educational gain in the National Reporting System for Adult
Education (NRS): Measuring Educational Gain in the National Reporting System for
Adult Education, Federal Register, January 14, 2008, Volume 73, Number 9, Rules
and Regulations, Page 2305, Part II, 34 CFR Part 462, RIN 1830-ZA06, Final
regulations.
[TEXT] [PDF]
(These final regulations are effective February 13, 2008. The incorporation by
reference of certain publications listed in this rule is approved by the Director of the
Federal Register as of February 13, 2008. However, affected parties do not have to
comply with the information collection requirements in Sections 462.10, 462.11,
462.12, 462.13, and 462.14 until the Department of Education publishes in the
Federal Register the control number assigned by the Office of Management and
Budget (OMB) to these information collection requirements. Publication of the control
number notifies the public that the OMB has approved these information collection
requirements under the Paperwork Reduction Act of 1995.)
SUMMARY: The Secretary establishes procedures for determining the suitability of
tests for use in the National Reporting System for Adult Education (NRS). These final
regulations also include procedures that states and local eligible providers must
follow when using suitable tests for NRS reporting.
------------------------------------------HEALTH (HHS)
NEWLY PUBLISHED REGULATIONS
CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Medicare Program, payment for Part B Medical and other health services,
revisions to payment policies under physician fee schedule and policies for
CY 2008, delay of applicability date, etc., correction: Medicare Program;
Revisions to Payment Policies Under the Physician Fee Schedule, and Other Part B
Payment Policies for CY 2008; Delay of the Date of Applicability of the Revised AntiMarkup Provisions for Certain Services Furnished in Certain Locations (Sec. 414.50);
Correction, Federal Register, January 15, 2008, Volume 73, Number 10, Rules and
Regulations, Page 2433, 42 CFR Part 414, CMS-1385-CN3, RIN 0938-AO65, Final
rule, correction.
[TEXT] [PDF]
(This final rule correction notice is effective January 1, 2008.)
SUMMARY: This action corrects typographical errors identified in the final rule that
appeared in the January 3, 2008 Federal Register (73 FR 404). The final rule delays
until January 1, 2009 the applicability of the anti-markup provisions in Section
414.50, as revised at 72 FR 66222, except with respect to the technical component
of a purchased diagnostic test and with respect to any anatomic pathology diagnostic
testing services furnished in space that is utilized by a physician group practice as a
“centralized building” (as defined at Section 411.351) for purposes of complying with
the physician self-referral rules and does not qualify as a “same building” under
Section 411.355(b)(2)(i) of this chapter.
Medicare Program, revisions to physician fee schedule and Part B payment
policies, ambulance services, CY 2008, correction: Medicare Program; Revisions
to Payment Policies Under the Physician Fee Schedule, and Other Part B Payment
Policies for CY 2008; Revisions to the Payment Policies of Ambulance Services Under
the Ambulance Fee Schedule for CY 2008; and the Amendment of the E-Prescribing
Exemption for Computer-Generated Facsimile Transmissions; Correcting
Amendment, Federal Register, January 15, 2008, Volume 73, Number 10, Rules and
Regulations, Page 2431, 42 CFR Parts 410, 414, 424, and 484, CMS-1385-F3, RIN
0938-AO65, Correcting amendment.
[TEXT] [PDF]
(This correcting amendment is effective January 15, 2008.)
SUMMARY: This action corrects several technical and typographical errors in the
regulations text of the final rule with comment period that appeared in the November
27, 2007 Federal Register (72 FR 66222). The final rule with comment period
addresses performance standards for diagnostic testing facilities and standards and
requirements related to therapy services under Medicare Parts A and B.
CORRECTION: 42 CFR Chapter IV is amended as follows:
PART 410--SUPPLEMENTARY MEDICAL INSURANCE (SMI) BENEFITS
In Section 410.33, paragraph (g)(15) is amended by removing the phrase
“IDTF does not include the following” and adding in its place `”IDTF is
prohibited from the following”.
PART 414--PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES
In Section 414.50, paragraph (a)(1) is amended by removing the phrase “The
services” and adding in its place “For services”.
In Section 414.509, paragraphs (a)(2)(ii) and (b)(1)(ii)(B) are amended by
removing the phrase “members of public” and adding in its place “members of
the public”.
PART 424--CONDITIONS FOR MEDICARE PAYMENT
In Section 424.36, paragraph (b)(6)(ii)(C)(2) is amended by removing the
phrase “The requested information” and adding in its place “The required
information”.
PART 484--HOME HEALTH SERVICES
Section 484.4 is amended as follows:
Section 484.4 Personnel qualifications.
*****
Occupational therapist.
*****
(e) If educated outside the United States, must meet all of the
following:
(1) Graduated after successful completion of an occupational
therapist education program accredited as substantially
equivalent to occupational therapist entry level education in the
United States by one of the following:
(i) The Accreditation Council for Occupational Therapy
Education (ACOTE).
(ii) Successor organizations of ACOTE.
(iii) The World Federation of Occupational Therapists.
(iv) A credentialing body approved by the American
Occupational Therapy Association.
(2) Successfully completed the entry-level certification
examination for occupational therapists developed and
administered by the National Board for Certification in
Occupational Therapy, Inc. (NBCOT).
(3) On or before December 31, 2009, is licensed or
otherwise regulated, if applicable, as an occupational therapist
by the State in which practicing.
Occupational therapy assistant. * * *
(a) * * *
(1) Is licensed, unless licensure does not apply, or otherwise
regulated, if applicable, as an occupational therapy assistant by the
State in which practicing.
*****
Physical therapist. * * *
(a)(1) Graduated after successful completion of a physical therapist
education program approved by one of the following:
*****
(iii) An education program outside the United States
determined to be substantially equivalent to physical therapist
entry-level education in the United States by a credentials
evaluation organization approved by the American Physical
Therapy Association or an organization identified in 8 CFR
212.15(e) as it relates to physical therapists; and
*****
(e) Before January 1, 1966-(1) Was admitted to membership by the American Physical
Therapy
Association; or
(2) Was admitted to registration by the American Registry of
Physical Therapists; or
(3) Has graduated from a physical therapy curriculum in a 4year college or university approved by a State department of
education.
*****
Physical therapist assistant. A person who is licensed, unless
licensure does not apply, registered, or certified as a physical therapist
assistant, if applicable, by the State in which practicing, and meets
one of the following requirements:
*****
(b) * * *
(2) In States where licensure or other regulations do not apply,
graduated on or before December 31, 2009, from a 2-year collegelevel program approved by the American Physical Therapy Association
and, effective January 1, 2010 meets the requirements of paragraph
(a) of this definition.
*****
Physician fee schedule and other Part B payment policies for CY 2008,
payment policy revisions, correction: Medicare Program; Revisions to Payment
Policies Under the Physician Fee Schedule, and Other Part B Payment Policies for CY
2008; Revisions to the Payment Policies of Ambulance Services Under the Ambulance
Fee Schedule for CY 2008; and the Amendment of the E-Prescribing Exemption for
Computer-Generated Facsimile Transmissions; Corrections, Federal Register, January
15, 2008, Volume 73, Number 10, Rules and Regulations, Page 2567, Part II, 42 CFR
Parts 409, 410, 411, 413, 414, 415, 418, 423, 424, 482, 484, and 485, CMS-1385CN2, RIN 0938-A065, Correction Notice of Final Rule with Comment Period.
[TEXT] [PDF]
(This correction of final rule is effective January 1, 2008.)
SUMMARY: This action corrects several technical and typographical errors in the final
rule with comment period that appeared in the November 27, 2007 Federal Register
(72 FR 66222). This final rule with comment period addresses Medicare Part B
payment policy, including the physician fee schedule (PFS) that is applicable for
calendar year (CY) 2008; the competitive acquisition program (CAP); clinical lab fee
schedule issues; performance standards for diagnostic testing facilities; conforming
and clarifying changes for comprehensive outpatient rehabilitation facilities (CORFs);
physician self-referral issues; and standards and requirements related to therapy
services under Medicare Parts A and B. This final rule with comment period also
updates the list of services subject to the physician self-referral prohibitions.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Revisit user fee program for Medicare Survey and Certification Activities:
Revisit User Fee Program for Medicare Survey and Certification Activities, Federal
Register, January 18, 2008, Volume 73, Number 13, Rules and Regulations, Page
3405, 42 CFR Part 488, CMS-2278-IFC3, RIN 0938-AP22, Interim final rule with
comment period.
[TEXT] [PDF]
(This interim final rule is effective January 18, 2008, and applicable beginning
December 14, 2007. To be assured consideration, any public comments must be
received at one of the addresses provided in the linked document, no later than 5
p.m. March 18, 2008.)
SUMMARY: This action implements the continuation of the revisit user fee program
for Medicare Survey and Certification activities, under the statutory authority in the
Continuing Appropriations Resolution entitled, “Making further continuing
appropriations for the fiscal year 2008, and for all other purposes,” Public Law 110137 Continuing Resolution) passed by the Congress and signed by the President
December 14, 2007. On September 19, 2007, the Centers for Medicare & Medicaid
Services (CMS) published a final rule that established a system of revisit user fees
applicable to health care facilities that have been cited for deficiencies during initial
certification, recertification or substantiated complaint surveys and require a revisit
to confirm that previously-identified deficiencies have been corrected.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
------------------------------FOOD AND DRUG ADMINISTRATION (FDA)
Human cells, tissues, and cellular and tissue-based products, CFR
correction: Human Cells, Tissues, and Cellular and Tissue-Based Products, Federal
Register, January 18, 2008, Volume 73, Number 13, Rules and Regulations, Page
3387, 21 CFR Part 1271, CFR correction.
[TEXT] [PDF]
CORRECTION: 21 CFR Part 1271 is reinstated to read as follows:
Section 1271.22 How and where do I register and submit an HCT/P list?
(a) You must use Form FDA 3356 for:
(1) Establishment registration,
(2) HCT/P listings, and
(3) Updates of registration and HCT/P listing.
(b) You may obtain Form FDA 3356:
(1) By writing to the Center for Biologics Evaluation and Research
(HFM-775), Food and Drug Administration, 1401 Rockville Pike,
Rockville, MD 20852-1448, Attention: Tissue Establishment
Registration
Coordinator;
(2) By contacting any Food and Drug Administration district office;
(3) By calling the CBER Voice Information System at 1-800-8354709 or 301-827-1800; or
(4) By connecting to
http://www.fda.gov/opacom/morechoices/fdaforms/cber.html on the
Internet.
(c)
(1) You may submit Form FDA 3356 to the Center for Biologics
Evaluation and Research (HFM-775), Food and Drug Administration,
1401 Rockville Pike, Rockville, MD 20852-1448, Attention: Tissue
Establishment Registration Coordinator; or
(2) You may submit Form FDA 3356 electronically through a secure
web server at http://www.fda.gov/cber/tissue/tisreg.htm.
Implantation or injectable dosage form new animal drugs, flunixin:
Implantation or Injectable Dosage Form New Animal Drugs; Flunixin, Federal
Register, January 16, 2008, Volume 73, Number 11, Rules and Regulations, Page
2808, 21 CFR Part 522, Final rule.
[TEXT] [PDF]
(This final rule is effective January 16, 2008.)
SUMMARY: The Food and Drug Administration (FDA) amends the animal drug
regulations to reflect approval of a supplemental abbreviated new animal drug
application (ANADA) filed by Norbrook Laboratories, Ltd. This supplemental ANADA
provides for the veterinary prescription use of flunixin meglumine solution by
intravenous injection in lactating dairy cattle for control of pyrexia associated with
acute bovine mastitis.
Intramammary dosage forms, cephapirin sodium: Intramammary Dosage
Forms; Cephapirin Sodium, Federal Register, January 17, 2008, Volume 73, Number
12, Rules and Regulations, Page 3181, 21 CFR Part 526, Final rule.
[TEXT] [PDF]
(This final rule is effective January 17, 2008.)
SUMMARY: The Food and Drug Administration (FDA) amends the animal drug
regulations to reflect approval of supplemental new animal drug applications
(NADAs) filed by Fort Dodge Animal Health, Division of Wyeth. These supplemental
NADAs provide for revisions to the labeling of two cephapirin sodium products
administered by intramammary infusion to lactating cows for the treatment of
mastitis.
Oral dosage form new animal drugs, firocoxib tablets: Oral Dosage Form New
Animal Drugs; Firocoxib Tablets, Federal Register, January 16, 2008, Volume 73,
Number 11, Rules and Regulations, Page 2808, 21 CFR Part 520, Final rule.
[TEXT] [PDF]
(This final rule is effective January 16, 2008.)
SUMMARY: The Food and Drug Administration (FDA) amends the animal drug
regulations to reflect approval of a supplemental new animal drug application (NADA)
filed by Merial Ltd. This supplemental NADA provides for veterinary prescription use
of firocoxib chewable tablets in dogs for the control of postoperative pain and
inflammation associated with soft-tissue surgery.
---------------------------------------------SOCIAL SECURITY (SSA)
NEWLY PUBLISHED REGULATIONS
Federal reviewing official review level, suspension of new claims: Suspension
of New Claims to the Federal Reviewing Official Review Level, Federal Register,
January 15, 2008, Volume 73, Number 10, Rules and Regulations, Page 2411, 20
CFR Parts 404, 405 and 416, Docket No. SSA-2007-0045, RIN 0960-AG53, Final
rule.
[TEXT] [PDF]
(This final rule is effective March 15, 2008.)
SUMMARY: The Social Security Administration (SSA) modifies its disability
administrative adjudication processes to suspend new claims to the federal reviewing
official (FedRO) level, now operating in the Boston region. Claims already transferred
to the Office of the Federal Reviewing Official (OFedRO) for FedRO review continue to
be processed by the OFedRO and a related component of the disability determination
process, the Medical and Vocational Expert System (MVES), commonly known as the
Office of Medical and Vocational Expertise (OMVE). The SSA makes these changes to
ensure that it continually improves its disability adjudication process.
------------------------------------------VETERANS (VA)
NEWLY PUBLISHED REGULATIONS
Acquisition regulations, plain language rewrite: VA Acquisition Regulation: Plain
Language Rewrite, Federal Register, January 15, 2008, Volume 73, Number 10,
Rules and Regulations, Page 2711, Part III, 48 CFR Chapter 8, RIN 2900-AK78, Final
rule.
[TEXT] [PDF]
(This final rule is effective February 14, 2008.)
SUMMARY: This action amends the Department of Veterans Affairs (VA) Acquisition
Regulation (VAAR). This action revises the VAAR to conform to plain language
principles, updates delegations of authority, and removes non-regulatory material. It
also makes changes in format, arrangement, and numbering to make the VAAR
parallel to the Federal Acquisition Regulation (FAR) as required by the FAR. In
addition, provisions that simply restate FAR provisions that are already applicable are
removed, and procedures for providing notice and a hearing to resolve issues
regarding possible violations of the Gratuities clause, for establishing qualified
products lists, for suspending or debarring a contractor, for expediting payments to
small businesses, and for reducing or suspending payments upon a finding of
contract fraud are added. The VAAR clause on Organizational Conflicts of Interest is
expanded to cover a broader range of services that may be subject to organizational
conflicts of interest. Additional VAAR clauses are added to the list of clauses for use
in commercial item solicitations and contracts. Items that are deleted include
requirements for setting aside construction and architect-engineer solicitations for
small businesses that are in conflict with current statute, a requirement to conduct
an audit of Section 8(a) price proposals that is contrary to current FAR requirements,
and a VAAR provision that requested data from offerors on veteran-owned small
businesses that has been replaced by a FAR provision. Guidance to contracting
officers on the types of data that should be requested from a contractor when
evaluating the contractor's financial condition is added. Other additions include a
requirement to use the clause on Assignment of Claims in purchase orders and
guidance to contracting officers on the criteria for revising the payment due dates for
invoices. This final rule also makes non-substantive clarifying changes and
corrections to the proposed rule. The Veterans Benefits, Health Care, and
Information Technology Act of 2006 (Pub. L. 109-461) was issued subsequent to the
proposed rule. It will be addressed in a future rulemaking.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Veterans education, incorporation of miscellaneous statutory provisions:
Veterans Education: Incorporation of Miscellaneous Statutory Provisions, Federal
Register, January 15, 2008, Volume 73, Number 10, Rules and Regulations, Page
2421, 38 CFR Part 21, RIN 2900-AL28, Final rule.
[TEXT] [PDF]
(This final rule is effective January 15, 2008. Amendments in this final rule are
applied retroactively to conform to the effective date of statutory provisions. For
more information concerning the dates of applicability, see the SUPPLEMENTARY
INFORMATION section in the linked document.)
SUMMARY: This action amends regulations for various aspects of the education
programs administered by the Department of Veterans Affairs (VA). These
amendments reflect some of the provisions of the Veterans Education and Benefits
Expansion Act of 2001, the Veterans Benefits Act of 2003, and the Veterans Benefits,
Health Care, and Information Technology Act of 2006. The changes include:
Restoration of certain education benefits for individuals being ordered to active duty;
restoration of Survivors' and Dependents' Educational Assistance to certain full-time
National Guard members; an opportunity for certain Vietnam-era veterans to qualify
for Montgomery GI Bill education benefits; an increase in the maximum amount an
individual can receive under the Senior Reserve Officer Training Corps educational
assistance program and still qualify for the Montgomery GI Bill--Active Duty
program; establishment of an ending date of the eligibility period for spouses under
the Survivors' and Dependents' Educational Assistance program; expansion of special
restorative training benefits to certain disabled spouses or disabled surviving
spouses; and providing educational benefits for an independent study course that
leads to a certificate reflecting educational attainment offered by an institution of
higher learning. This action also amends the education regulations by making
changes to reflect current agency organization and nonsubstantive changes for the
purpose of readability or clarity.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
---------------------------------------------------------------------------------------------------------------------------------------------NATIONAL SECURITY, COMMUNICATION
(Jan 15-21)
Communication (FCC)
Defense (DOD)
Homeland Security (DHS)
Postal Service (USPS) – no newly published regulations this week
Selective Service System (SSS) – no newly published regulations this week
State (DOS) – no newly published regulations this week
COMMUNICATION (FCC)
NEWLY PUBLISHED REGULATIONS
Creation of a low power radio service: Creation of a Low Power Radio Service,
Federal Register, January 17, 2008, Volume 73, Number 12, Rules and Regulations,
Page 3202, 47 CFR Part 73, MB Docket No. 99-25 FCC 05-75, Final rule,
announcement of effective date.
[TEXT] [PDF]
(The rules published July 7, 2005, 70 FR 39182 amending 47 CFR 73.870(a) and
73.871(c) are effective January 17, 2008.)
SUMMARY: The Federal Communications Commission (FCC) adopted rules to
promote the operation and expansion of the low power FM (LPFM) service, which
required Office of Management and Budget (OMB) approval to become effective. This
action announces the effective date of the rule changes requiring OMB approval.
Creation of a low power radio service: Creation of a Low Power Radio Service,
Federal Register, January 17, 2008, Volume 73, Number 12, Rules and Regulations,
Page 3202, 47 CFR Part 73, MB Docket No. 99-25, FCC 07-204, Final rule.
[TEXT] [PDF]
(This final rule is effective March 17, 2008.)
SUMMARY: The Federal Communications Commission (FCC) adopts rules and
provides guidance to efforts to promote the operation and expansion of the low
power FM (LPFM) service. The FCC solicited and reviewed comments regarding the
status of LPFM service, and found that to promote the service, it was necessary to
make rule changes related to ownership and technical issues.
ORDERING CLAUSES: The FCC’s ordering clauses begin at the bottom of page 3215
of the linked document.
AMENDMENTS: The amendments begin on page 3216 of the linked document.
Telecommunications relay services and speech-to-speech services for
individuals with hearing and speech disabilities: Telecommunications Relay
Services and Speech-to-Speech Services for Individuals With Hearing and Speech
Disabilities, Federal Register, January 17, 2008, Volume 73, Number 12, Rules and
Regulations, Page 3197, 47 CFR Part 64, CG Docket No. 03-123, FCC 07-186, Final
rule.
[TEXT] [PDF]
(47 CFR 64.604 (c)(5)(iii)(C) contains information collection requirements that have
not been approved by the Office of Management and Budget (OMB). The Federal
Communications Commission (FCC) will publish a separate document in the Federal
Register announcing the effective date for the amendment and information collection
requirements. Interested parties (including the general public, the OMB, and other
federal agencies) that wish to submit written comments on the Paperwork Reduction
Act (PRA) information collection requirements must do so on or before March 17,
2008.)
SUMMARY: The Federal Communications Commission (FCC) adopts new cost
recovery methodologies regarding compensation for the provision of
Telecommunications Relay Services (TRS) from the Interstate TRS Fund (Fund).
These cost recovery methodologies result in fairer, more predictable rates that better
reflect the actual costs and market realities of providing TRS. The FCC also: adopts
new per-minute compensation rates for the various forms of TRS; clarifies the nature
of certain cost categories and extent to which they are compensable from the Fund;
reaffirms the role that the TRS Advisory Council is to play in the oversight of TRS;
and announces its intent of additional and more comprehensive auditing of TRS
providers to ensure Fund integrity.
SYNOPSIS: A synopsis of the FCC’s decision begins at the bottom of page 3197 of
the linked document.
ORDERING CLAUSES:
Pursuant to Sections 1, 2, and 225 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, and 225, the 2007 TRS Cost Recovery Order
IS ADOPTED.
An annual compensation rate shall apply to interstate traditional TRS and
interstate STS based on the MARS plan and the intrastate traditional TRS and
STS rate(s) paid by the states, as provided in the 2007 TRS Cost Recovery
Order.
An annual compensation rate shall apply to interstate CTS and interstate
and intrastate IP CTS based on the MARS plan and the intrastate CTS rate
paid by the states, as provided in the 2007 TRS Cost Recovery Order.
A compensation rate shall apply to interstate and intrastate IP Relay based
on price caps, and the rate shall be set for three-year periods, subject to
adjustment, beginning with the 2007-2008 Fund year, as provided in the
2007 TRS Cost Recovery Order.
Tiered compensation rates shall apply to interstate and intrastate VRS
based on minutes of use, and the rates shall be set for three-year periods,
subject to adjustment, beginning with the 2007-2008 Fund year, as provided
in the 2007 TRS Cost Recovery Order.
Effective March 1, 2008, the following per-minute compensation rates shall
apply, as provided herein: for interstate traditional TRS: $1.592; for
interstate STS: $2.723; for interstate CTS and interstate and intrastate IP
CTS: $1.629; for interstate and intrastate IP Relay: $1.293; and for interstate
and intrastate VRS: (1) For the first 50,000 monthly minutes: $6.77; (2) for
monthly minutes between 50,001 and 500,000: $6.50; and (3) for monthly
minutes above 500,000: $6.30.
The amendment to section 64.604 of the Commission's rules is adopted.
The 2007 TRS Cost Recovery Order shall be effective February 19, 2008,
except Section 64.604 (c)(5)(iii)(C) of the Commission's rules, which contains
information collection requirements that are not effective until approved by
OMB. The Commission will publish a separate document in the Federal
Register announcing the effective date of the rule.
AMENDMENT: 47 CFR Part 64 is amended as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
Section 64.604 is amended by revising paragraph (c)(5)(iii)(C) to read as
follows:
Section 64.604 Mandatory minimum standards.
*****
(c) * * *
(5) * * *
(iii) * * *
(C) Data collection from TRS providers. TRS providers shall provide
the administrator with true and adequate data, and other historical,
projected and state rate related information reasonably requested by
the administrator, necessary to determine TRS Fund revenue
requirements and payments. TRS providers shall provide the
administrator with the following: total TRS minutes of use, total
interstate TRS minutes of use, total TRS operating expenses and total
TRS investment in general accordance with part 32 of this chapter,
and other historical or projected information reasonably requested by
the administrator for purposes of computing payments and revenue
requirements. The dministrator and the Commission shall have the
authority to examine, verify and audit data received from TRS
providers as necessary to assure the accuracy and integrity of TRS
Fund payments.
*****
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
------------------------------------------DEFENSE (DOD)
NEWLY PUBLISHED REGULATIONS
Foreign acquisition, CFR correction: Foreign Acquisition, Federal Register,
January 18, 2008, Volume 73, Number 13, Rules and Regulations, Page 3409,
DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION, 48 CFR Part 25, CFR Correction.
[TEXT] [PDF]
CORRECTION: In Title 48 of the Code of Federal Regulations, Chapter 1 (Parts 1 to
51), revised as of October 1, 2007, on page 508, in Section 25.1101, in paragraph
(b)(2)(iii), $58,550” is removed, and “$64,786” is added in its place.
------------------------------------------HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Changes in flood elevation determinations, AL, AZ, CA, CO, GA, IL, IN, KS,
KY, ME, MD, MI, MN, MO, NM, OH, TN, TX, UT, WI, and VA: Changes in Flood
Elevation Determinations, Federal Register, January 16, 2008, Volume 73, Number
11, Rules and Regulations, Page 2818, 44 CFR Part 65, Final rule.
[TEXT] [PDF]
(The effective dates for these modified Base (1% annual-chance) Flood Elevations
(BFEs) are indicated on the table in the linked document and revise the Flood
Insurance Rate Maps (FIRMs) in effect prior to this date for the communities listed in
the linked document.)
SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized
for the communities listed in the linked document. These modified BFEs are used to
calculate flood insurance premium rates for new buildings and their contents.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Changes in flood elevation determinations, AL, AZ, CA, CO, DE, FL, GA, IL,
IN, ME, MN, MS, MO, NE, NV, NY, OH, OK, OR, PA, PR, SC, TX, VA, and WV:
Changes in Flood Elevation Determinations, Federal Register, January 16, 2008,
Volume 73, Number 11, Rules and Regulations, Page 2822, 44 CFR Part 65, Final
rule.
[TEXT] [PDF]
(The effective dates for these modified Base (1% annual-chance) Flood Elevations
(BFEs) are indicated on the table in the linked document and revise the Flood
Insurance Rate Maps (FIRMs) in effect prior to this date for the communities listed in
the linked document.)
SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized
for the communities listed in the linked document. These modified BFEs are used to
calculate flood insurance premium rates for new buildings and their contents.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Changes in flood elevation determinations, AZ, CA, CO, FL, GA, IL, ME, MD,
MA, MI, MN, MO, MS, MT, NE, NC, OH, OK, PA, SC, TX, VA, and WV: Changes in
Flood Elevation Determinations, Federal Register, January 16, 2008, Volume 73,
Number 11, Rules and Regulations, Page 2827, 44 CFR Part 65, Docket No. FEMA-B7754, Interim rule.
[TEXT] [PDF]
(These modified Base (1% annual-chance) Flood Elevations (BFEs) are currently in
effect on the dates listed in the table in the linked document and revise the Flood
Insurance Rate Maps (FIRMs) in effect prior to this determination for the
communities listed in the linked document.
From the date of the second publication of these changes in a newspaper of local
circulation, any person has ninety (90) days in which to request through the
community that the Mitigation Assistant Administrator of the Federal Emergency
Management Agency (FEMA) reconsider these changes. These modified BFEs may be
changed during the 90-day period.)
SUMMARY: This action lists communities where modification of the Base (1% annualchance) Flood Elevations (BFEs) is appropriate because of new scientific or technical
data. New flood insurance premium rates are calculated from the modified BFEs for
new buildings and their contents.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Final flood elevation determinations, Larimer County, CO, Baker County,
FLA, Hancock County, KY, Santa Fe County, NM, Franklin County, OH, and
Clackamas County, OR: Final Flood Elevation Determinations, Federal Register,
January 16, 2008, Volume 73, Number 11, Rules and Regulations, Page 2830, 44
CFR Part 67, Final rule.
[TEXT] [PDF]
(The date of issuance of the Flood Insurance Rate Map (FIRM) showing Base (1%
annual chance) Flood Elevations (BFEs) and modified BFEs for each community listed
in the linked document may be obtained by contacting the office where the maps are
available for inspection as indicated on the table in the linked document.)
SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are
made final for the communities listed in the linked document. The BFEs and modified
BFEs are the basis for the floodplain management measures that each community is
required either to adopt or to show evidence of being already in effect in order to
qualify or remain qualified for participation in the National Flood Insurance Program
(NFIP).
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Final flood elevation determinations, Jackson County, IL, Union County, IL,
and Rutherford County, NC: Final Flood Elevation Determinations, Federal
Register, January 16, 2008, Volume 73, Number 11, Rules and Regulations, Page
2835, 44 CFR Part 67, Final rule.
[TEXT] [PDF]
(The date of issuance of the Flood Insurance Rate Map (FIRM) showing Base (1%
annual chance) Flood Elevations (BFEs) and modified BFEs for each community listed
in the linked document may be obtained by contacting the office where the maps are
available for inspection as indicated on the table in the linked document.)
SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are
made final for the communities listed in the linked document. The BFEs and modified
BFEs are the basis for the floodplain management measures that each community
listed in the linked document is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Suspension of community eligibility, Town of Van Buren, Aroostook County,
ME: Suspension of Community Eligibility, Federal Register, January 16, 2008,
Volume 73, Number 11, Rules and Regulations, Page 2816, 44 CFR Part 64, Docket
No. FEMA-8007, Final rule.
[TEXT] [PDF]
(The effective date of each community's scheduled suspension is the third date
(Susp.) listed in the third column of the table below.)
SUMMARY: This action identifies a community, where the sale of flood insurance has
been authorized under the National Flood Insurance Program (NFIP), that is
scheduled for suspension on the effective dates listed within this rule because of
noncompliance with the floodplain management requirements of the program. If the
Federal Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior to the
effective suspension date given in this rule, this suspension will not occur and a
notice of this will be provided by publication in the Federal Register on a later date.
AMENDMENT: The tables published under the authority of 44 CFR Part 64, Section
64.6 are amended as follows:
State and
location
Community
No.
Effective date
authorization/
cancellation of sale
of flood insurance in
community
Current
effective
map date
Date certain
Federal
assistance no
longer available in
SFHAs
1/16/2008
1/16/2008
Region 1
Maine: Van
Buren, Town
of, Aroostook
County.
----------------
230036
July 3, 1975,
Emergency; March
18, 1986, Regular;
January 16, 2008,
Suspension
-------------------------------