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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 -------------------------------