Unknown. Final special conditions; request for comments; correction
29,322 words·~133 min read·
/register/2006/07/12/06-6033A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2006-07-12.xml --- 71 133 Wednesday, July 12, 2006 Contents Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Washington State University Research Foundation of Pullman, WA, 39280 E6-10889 Agriculture Agriculture Department See Agricultural Research Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food and Nutrition Service See Food Safety and Inspection Service See Rural Housing Service Animal Animal and Plant Health Inspection Service NOTICES Reports and guidance documents; availability, etc.:
Plant protection and quarantine export-related services and procedures; correction, 39399 C6-5799 Antitrust Antitrust Division NOTICES National cooperative research notifications: AAF Association, Inc., 39364 06-6133 Water Heater Industry Joint Research and Development Consortium, 39364-39365 06-6134 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Energy Employees Occupational Illness Comprehensive Program Act of 2000: Special Exposure Cohort; employee class designations— Nevada Test Site, Mercury, NV, 39329 E6-10961 Centers Centers for Medicare & Medicaid Services RULES Medicaid:
Citizenship documentation requirements; Federal financial participation, 39214-39229 06-6033 Coast Guard Coast Guard RULES Navigation and navigable waters: Technical, organizational and conforming amendments, 39206-39211 E6-10890 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-10895 39293-39296 E6-10902 E6-10903 E6-10904 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:
Commercial availability actions— Combed and ring spun yarn, 92 percent cotton, 8 percent cashmere blend, comprised of 2/32 Nm resulting in 16 Nm yarn count, 39307-39308 06-6195 Commodity Commodity Credit Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 39280-39281 06-6158 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 39397-39398 E6-10880 Consumer Consumer Product Safety Commission PROPOSED RULES Consumer Product Safety Act:
Civil penalty factors, 39248-39249 E6-10963 Federal Hazardous Substances Act: Fireworks safety standards, 39249-39251 E6-10881 Defense Defense Department See Engineers Corps Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements: Distribution General, 39365-39367 E6-10924 Northern Starr Products, 39367-39369 E6-10925 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Meetings:
Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 39310 E6-10938 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Floyd County, KY; Levisa Fork Basin Section 202 Project, 39308 06-6138 Environmental statements; notice of intent: Cleveland County, NC; First Broad River reservoir and dam construction, 39308-39309 06-6139 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
Imidacloprid; correction, 39211-39213 E6-10860 Solid wastes: State underground storage tank program approvals— Indiana, 39213-39214 E6-10866 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Arizona, 39251-39259 06-6111 Montana, 39259-39278 06-6096 NOTICES Pesticide, food, and feed additive petitions: Bayer CropScience, 39313-39315 E6-10862 Interregional Research Project (No. 4), 39315-39316 E6-10846 Interregional Research Project (No. 4) et al., 39316-39318 E6-10859 Pesticide registration, cancellation, etc.:
Dimethoate, 39312-39313 E6-10857 Farm Farm Credit Administration PROPOSED RULES Farm credit system: Loan policies and operations, etc.— Other financial institutions lending; withdrawn, 39235 E6-10940 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Meetings: Public hearing and 2007 meetings schedule, 39318 06-6146 FAA Federal Aviation Administration RULES Airworthiness standards Special conditions— Cessna Aircraft Co. Model 510 airplanes; correction, 39203 E6-10469 PROPOSED RULES Airworthiness directives:
Bombardier, 39237-39241, 39244-39247 E6-10912 E6-10913 Gulfstream Aerospace, 39242-39244 E6-10911 Airworthiness standards: Special conditions— Dassault Aviation Model Falcon 7X airplane, 39235-39237 E6-10894 Class E airspace, 39247-39248 06-6143 NOTICES Aeronautical land-use assurance; waivers: Aransas County Airport, TX, 39385 06-6142 Agency information collection activities; proposals, submissions, and approvals, 39385-39386 06-6140 06-6141 FCC Federal Communications Commission RULES Radio frequency devices:
Unlicensed devices in 5 GHz band, 39229-39231 E6-10794 Radio stations; table of assignments: California, 39232 E6-10747 Florida, 39232-39233 E6-10748 Illinois, 39233 E6-10793 Pennsylvania, 39231 E6-10934 Various States, 39231-39232 E6-10935 PROPOSED RULES Radio stations; table of assignments: Puerto Rico, 39278-39279 E6-10729 NOTICES Agency information collection activities; proposals, submissions, and approvals, 39318-39319 E6-10936 Common carrier services: Wireless telecommunications services— Licensees of broadband radio service channels 1 and/or 2/2a; supplemental site and technical data filing requirements, 39319-39322 E6-10795 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act):
Transmission service; preventing undue discrimination and preference, 39251 E6-10724 Federal Housing Federal Housing Enterprise Oversight Office PROPOSED RULES Risk-based capital: Test methodology and specifications; technical amendments Correction, 39399-39400 C6-5330 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 39322-39323 E6-10930 Ocean transportation intermediary licenses: AMF Global Transportation, Inc., et al., 39323 E6-10931 Excel International Forwarders, et al., 39323-39324 E6-10932 WTG Logistics, Inc., et al., 39324 E6-10933 Federal Mediation Federal Mediation and Conciliation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 39324-39325 E6-10945 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Formations, acquisitions, and mergers, 39325 E6-10959 Permissible nonbanking activities, 39325-39326 E6-10958 Reports and guidance documents; availability, etc.: Payments system risk; policy statement; correction, 39399 C6-5843 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 39326 06-6186 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 39326-39329 06-6135 Fish Fish and Wildlife Service NOTICES Endangered and threatened species:
Critical habitat designations— Jaguar, 39335-39337 E6-10644 Endangered and threatened species permit applications, determinations, etc., 39334-39335 06-6153 Environmental statements; availability, etc.: Shawangunk Grasslands National Wildlife Refuge, NY; comprehensive conservation plan, 39337-39338 E6-10915 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Clindamycin capsules and tablets, 39203-39204 E6-10877 Hyaluronate sodium injection, 39204 E6-10879 Melengestrol, lasalocid, and tylosin, 39204-39205 E6-10878 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 39281-39282 E6-10960 Food Food Safety and Inspection Service NOTICES Reports and guidance documents; availability, etc.:
Bovine spongiform encephalopathy; Harvard risk assessment update; technical meeting, 39282-39283 E6-10928 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Colorado, 39296 E6-10957 Ohio DEMAG Plastics Group; plastic production machinery manufacturing, 39296-39297 E6-10955 South Carolina Benteler Automotive Corp.; automotive suspension components manufacturing, 39297 E6-10956 Texas WLS Drilling Products, Inc.; mining drill bits warehousing and distribution facilities, 39297 E6-10954 Geological Geological Survey NOTICES Meetings:
Future land imaging for United States; public workshop, 39338 06-6167 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 39331-39333 E6-10946 E6-10947 Grant and cooperative agreement awards:
Lead-Based Paint Hazard Control Program, 39333 E6-10948 Meetings: Manufactured Housing Consensus Committee, 39333-39334 E6-10949 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 39338-39339 E6-10888 Industry Industry and Security Bureau NOTICES Export transactions: Unverified list of persons in foreign countries; red flag guidance; list additions, 39297-39299 06-6165 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping:
Cut-to-length carbon-quality steel plate products from— Italy, 39299-39303 E6-10952 Honey from— Argentina, 39304 E6-10875 Hot-rolled carbon steel flat products from— Netherlands, 39304 E6-10874 Stainless steel butt-weld pipe fittings from— Malaysia, 39304-39305 E6-10951 Export trade certificates of review, 39305-39306 E6-10929 International International Trade Commission NOTICES Administrative protective orders; violations, breaches, investigations, etc., 39355-39362 E6-10914 Import investigations:
Mobile telephone handsets, wireless communication devices, and components thereof, 39362 E6-10910 Meetings; Sunshine Act, 39362-39363 06-6178 Justice Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Pollution control; consent judgments: Diamond State Salvage Co., Inc., et al., 39363 06-6155 Ekberg, Glen, 39363-39364 06-6156 Glidden Co. et al., 39364 06-6157 Land Land Management Bureau RULES Range management: Grazing administration— Livestock grazing on public lands exclusive of Alaska, 39402-39509 06-5788 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 39339-39354 E6-10883 E6-10884 E6-10885 E6-10886 Mississippi Mississippi River Commission NOTICES Meetings;
Sunshine Act, 39369 06-6194 National Highway National Highway Traffic Safety Administration RULES Tire identification and recordkeeping; correction, 39233-39234 E6-10893 NOTICES Motor vehicle safety standards; exemption petitions, etc.: Automobili Lamborghini SpA, et al., 39386-39392 E6-10892 Saleen, Inc., 39392-39394 E6-10891 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 39306 E6-10896 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:
Dominion Nuclear North Anna, LLC, 39372-39373 E6-10909 Regulatory guides; issuance, availability and withdrawal, 39373-39374 E6-10908 *Applications, hearings, determinations, etc.:* FirstEnergy Nuclear Operating Co., E6-10905 39370-39372 E6-10906 E6-10907 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 39306-39307 E6-10916 Pension Pension Benefit Guaranty Corporation RULES Multiemployer plans:
Mortality assumptions, interest rate structure, etc.; technical amendment, 39205-39206 E6-10919 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Delta-Mendota Canal/California Aqueduct Intertie, CA, 39355 06-6161 Research Research and Innovative Technology Administration NOTICES Reports and guidance documents; availability, etc.: Strategic Research, Development, and Technology Plan, 39394-39395 E6-10926 Rural Rural Housing Service NOTICES Grants and cooperative agreements; availability, etc.:
Rural Community Development Initiative, 39283-39293 06-6150 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 39374-39376 E6-10921 Boston Stock Exchange, Inc., 39376-39378 E6-10922 Chicago Stock Exchange, Inc., 39378-39379 06-6162 National Association of Securities Dealers, Inc., 39379-39383 E6-10923 06-6137 SBA Small Business Administration NOTICES Intergovernmental review of agency programs and activities, 39383-39384 E6-10872 Meetings:
Regulatory Fairness Boards— Region IX, hearing, 39384 E6-10887 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing;certified laboratories meeting minimum standards, list, 39329-39331 E6-11017 Surface Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 39395-39396 E6-10830 Rail carriers: Control exemptions— Kansas City Southern Railway Co., 39396 E6-10829 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 39384-39385 E6-10918 Treasury Treasury Department See Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 39396-39397 E6-10927 E6-10937 Western Western Area Power Administration NOTICES Power rates:
Pacific Northwest-Pacific Southwest Intertie Project, 39310-39311 E6-10939 Separate Parts In This Issue Part II Interior Department, Land Management Bureau, 39402-39509 06-5788 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 133 Wednesday, July 12, 2006 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No.
CE252, Special Condition No. 23-192-SC] Special Conditions; Cessna Aircraft Company Model 510 Airplane; Full Authority Digital Engine Control (FADEC) System AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments; correction. SUMMARY: On June 16, 2006, we published a document on special conditions for Cessna Aircraft Company on the Model 510 airplane for full authority digital engine control system. There was an error in the background of the document in reference to the future type certificate number.
This notice removes that sentence from the background; no change to the special conditions portion is necessary. DATES: Comments must be received on or before July 17, 2006. ADDRESSES: Comments on this proposal may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, Attention: Rules Docket Clerk, Docket No. CE252, Room 506, 901 Locust, Kansas City, Missouri 64106. All comments must be marked: Docket No. CE252. Comments may be inspected in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Peter L. Rouse, Aerospace Engineer, Standards Office (ACE-110), Small Airplane Directorate, Aircraft Certification Service, Federal Aviation Administration, Room 301, 901 Locust Street, Kansas City, Missouri 64106; telephone
(816)329-4135. SUPPLEMENTARY INFORMATION: Need for Correction The FAA published a document on June 16, 2006 (71 FR 34789), that issued final special conditions with a request for comments. In the background, the sentence “The Cessna 510 will be approved under TC No. A24CE” appears. However, this will not be the type certificate number for the airplane, and this sentence is removed from the background to correct the error. There will be no change to the special conditions. Correction of Publication Accordingly, the background of the special conditions is revised to remove the sentence, “The Cessna 510 will be approved under TC No. A24CE” from the document. Comments Invited Interested persons are invited to participate in the making of these special conditions by submitting such written data, views, or arguments as they may desire. Communications should identify the regulatory docket or notice number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments will be considered by the Administrator. The proposals described in this notice may be changed in light of the comments received. All comments received will be available in the Rules Docket for examination by interested persons, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking will be filed in the docket. Persons wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to Docket No. CE252.” The postcard will be date stamped and returned to the commenter. Background The original background of the special conditions contained the following sentence: “The Cessna 510 will be approved under TC No. A24CE.” This type certificate number is incorrect, and the sentence is removed from the background of the special conditions. Since this change has no effect on the special conditions, the remainder of the document, which includes the special condition portion, will not be changed. Issued in Kansas City, Missouri on June 23, 2006. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-10469 Filed 7-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Clindamycin Capsules and Tablets AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a supplemental abbreviated new animal drug application (ANADA) filed by Virbac AH, Inc. The supplemental ANADA provides for an expanded dose range and revised wording of indications for the oral use of clindamycin hydrochloride tablets in dogs for the treatment of certain bacterial diseases. DATES: This rule is effective July 12, 2006. FOR FURTHER INFORMATION CONTACT: Daniel A. Benz, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0223, e-mail: *daniel.benz@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Virbac AH, Inc., 3200 Meacham Blvd., Ft. Worth, TX 76137, filed a supplement to ANADA 200-316 for CLINITABS (clindamycin hydrochloride) tablets for the treatment of certain bacterial diseases in dogs. The supplemental ANADA provides for an expanded dose range and revised wording of indications. The supplemental ANADA is approved as of June 2, 2006, and the regulations are amended in 21 CFR 520.446 to reflect the approval and a current format. Approval of this supplemental ANADA did not require review of additional safety or effectiveness data or information. Therefore, a freedom of information summary is not required. FDA has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 520 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 2. In § 520.446, revise paragraphs (b)(1) and (b)(2); remove paragraph (c); redesignate paragraph
(d)as paragraph (c); and revise newly redesignated paragraph
(c)to read as follows: § 520.446 Clindamycin capsules and tablets.
(b)* * *
(1)Nos. 000009 and 059130 for use of capsules described in paragraph (a)(1) of this section.
(2)No. 051311 for use of tablets described in paragraph (a)(2) of this section.
(c)*Conditions of use in dogs* —(1) Amount. Wounds, abscesses, and dental infections: 2.5 to 15 mg per pound (/lb) body weight every 12 hours for a maximum of 28 days. Osteomyelitis: 5.0 to 15 mg/lb body weight every 12 hours for a minimum of 28 days.
(2)*Indications for use* . For the treatment of skin infections (wounds and abscesses) due to susceptible strains of coagulase-positive staphylococci ( *Staphylococcus aureus* or *S. intermedius* ), deep wounds and abscesses due to susceptible strains of *Bacteroides fragilis* , *Prevotella melaninogenicus* , *Fusobacterium necrophorum* , and *Clostridium perfringens* , dental infections due to susceptible strains of *S. aureus* , *B. fragilis* , *P. melaninogenicus* , *F. necrophorum* , and *C. perfringens* , and osteomyelitis due to susceptible strains of *S. aureus* , *B. fragilis* , *P. melaninogenicus* , *F. necrophorum* , and *C. perfringens* .
(3)*Limitations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian. Dated: June 27, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6-10877 Filed 7-11-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Hyaluronate Sodium Injection AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a supplemental new animal drug application
(NADA)filed by Pharmacia & Upjohn Co., a Division of Pfizer, Inc. The supplemental NADA provides for a revised food safety warning on labeling for hyaluronate sodium injectable solution. DATES: This rule is effective July 12, 2006. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Pharmacia & Upjohn Co., a Division of Pfizer, Inc., 235 East 42d St., New York, NY 10017, filed a supplement to NADA 112-048 for HYLARTIN (sodium hyaluronate) Injection, approved for veterinary prescription use by intra-articular injection for the treatment of joint dysfunction in horses due to noninfectious synovitis associated with equine osteoarthritis. The supplemental NADA provides for a revised food safety warning on the labeling. The application is approved as of May 30, 2006, and the regulations are amended in 21 CFR 522.1145 to reflect the approval. Approval of this supplemental NADA did not require review of additional safety or effectiveness data or information. Therefore, a freedom of information summary is not required. The agency has determined under 21 CFR 25.33(d)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 522 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. § 522.1145 [Amended] 2. In § 522.1145, in the heading remove the word “injection”; and in paragraph (a)(3)(iii) remove the sentence “Not for use in horses intended for food.” and add in its place “Do not use in horses intended for human consumption”. Dated: June 27, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6-10879 Filed 7-11-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 New Animal Drugs for Use in Animal Feeds; Melengestrol, Lasalocid, and Tylosin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Ivy Laboratories, Div. of Ivy Animal Health, Inc. The ANADA provides for use of single-ingredient Type A medicated articles containing melengestrol, lasalocid, and tylosin to make three-way combination drug Type C medicated feeds for heifers fed in confinement for slaughter. DATES: This rule is effective July 12, 2006. FOR FURTHER INFORMATION CONTACT: Daniel A. Benz, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0223, e-mail: *daniel.benz@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Ivy Laboratories, Div. of Ivy Animal Health, Inc., 8857 Bond St., Overland Park, KS 66214, filed ANADA 200-430 for use of HEIFERMAX 500 (melengestrol acetate) Liquid Premix, BOVATEC (lasalocid), and TYLAN (tylosin phosphate) single-ingredient Type A medicated articles to make dry and liquid, three-way combination drug Type C medicated feeds for heifers fed in confinement for slaughter. Ivy Laboratories' ANADA 200-430 is approved as a generic copy of NADA 138-992, sponsored by Pharmacia and Upjohn Co., a Division of Pfizer, Inc., for combination use of MGA 500 (melengestrol acetate) Liquid Premix, BOVATEC, and TYLAN in cattle feed. The application is approved as of June 1, 2006, and the regulations are amended in 21 CFR 558.342 to reflect the approval. The basis of approval is discussed in freedom of information summary. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. The agency has determined under 21 CFR 25.33(a)(2) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subject in 21 CFR Part 558 Animal drugs, Animal feeds. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is amended as follows: PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 1. The authority citation for 21 CFR part 558 continues to read as follows: Authority: 21 U.S.C. 360b, 371. § 558.342 [Amended] 2. In § 558.342, amend the table in paragraph (e)(1)(iv) in the “Sponsor” column by adding in numerical sequence “021641”. Dated: June 23, 2006. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E6-10878 Filed 7-11-06; 8:45 am] BILLING CODE 4160-01-S PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4281 RIN 1212-AA55 Duties of Plan Sponsor Following Mass Withdrawal AGENCY: Pension Benefit Guaranty Corporation. ACTION: Final rule; technical amendment. SUMMARY: This document amends part 4281 (Duties of Plan Sponsor Following Mass Withdrawal) to make technical changes to conform to amendments made to part 4044 (Allocation of Assets in Single-Employer Plans) in a final rule published in the **Federal Register** on December 2, 2005. That final rule updated PBGC's mortality tables used for certain valuations for single-employer plans. Part 4281, which provides rules for valuing benefits in multiemployer plans following mass withdrawal, refers to the mortality tables in part 4044. Technical amendments are needed to conform the references in part 4281 to the changes in part 4044. FOR FURTHER INFORMATION CONTACT: John H. Hanley, Director, or James L. Beller, Jr., Attorney, Legislative and Regulatory Department, PBGC, 1200 K Street, NW., Washington, DC 20005-4026; 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) DATES: Effective July 12, 2006. SUPPLEMENTARY INFORMATION: On December 2, 2005, at 70 FR 72205, PBGC published a final rule modifying part 4044 of its regulations (Allocation of Assets in Single Employer Plans) to update the mortality tables in Appendix A. Part 4281 (Duties of Plan Sponsor Following Mass Withdrawal) refers to those mortality tables. Because conforming changes to those references in part 4281 were inadvertently omitted, those references are no longer accurate. However, the correct references are obvious. The mortality assumptions used for valuations under part 4281 mirror the assumptions in part 4044. The mortality assumptions in the two parts were updated at the same time in a final rule published in 1993. The preamble to the associated proposed rule stated: “The multiemployer regulation will be simultaneously amended so that the same mortality, loading, and interest assumptions will be employed to determine the values of benefits under multiemployer plans after a mass withdrawal.” 58 FR at 5132 (January 19, 1993). Thus, it is clear there was no intent to change this correlation when the mortality tables in part 4044 were updated in 2005. It is necessary to use the updated mortality tables under part 4281 in order to avoid inappropriate benefit valuations under that part. Because this rule conforms part 4281 in a way that was obviously intended when part 4044 was amended by the final rule published in the **Federal Register** on December 2, 2005, at 70 FR 72206, PBGC finds good cause to issue this technical amendment without prior proposal and opportunity for public comment and without a 30-day delayed effective date. List of Subjects in 29 CFR Part 4281 Employee benefit plans, Pensions. For the reasons set forth above, PBGC amends part 4281 of 29 CFR chapter XL as follows: PART 4281—DUTIES OF PLAN SPONSOR FOLLOWING MASS WITHDRAWAL 1. The authority citation for part 4281 continues to read as follows: Authority: 29 U.S.C. 1302(b)(3), 1341a, 1399(c)(1)(D), and 1441. 2. Amend § 4281.14 by revising paragraphs (c)(1), (c)(2), (d)(1), (d)(2), and
(e)to read as follows: § 4281.14 Mortality assumptions.
(c)*Mortality rates for healthy lives.* * * *
(1)For male participants, the rates in Table 1 of Appendix A to part 4044 of this chapter projected from 1994 to the calendar year in which the valuation date occurs plus 10 years using Scale AA from Table 2 of Appendix A to part 4044 of this chapter; and
(2)For female participants, the rates in Table 3 of Appendix A to part 4044 of this chapter projected from 1994 to the calendar year in which the valuation date occurs plus 10 years using Scale AA from Table 4 of Appendix A part 4044 of this chapter.
(d)*Mortality rates for disabled lives (other than Social Security disability).* * * *
(1)For male participants, the lesser of—
(i)The rate determined from Table 1 of Appendix A to part 4044 of this chapter projected from 1994 to the calendar year in which the valuation date occurs plus 10 years using Scale AA from Table 2 of Appendix A to part 4044 of this chapter and setting the resulting table forward three years, or
(ii)The rate in Table 5 of Appendix A to part 4044 of this chapter.
(2)For female participants, the lesser of—
(i)The rate determined from Table 3 of Appendix A to part 4044 of this chapter projected from 1994 to the calendar year in which the valuation date occurs plus 10 years using Scale AA from Table 4 of Appendix A to part 4044 of this chapter and setting the resulting table forward three years, or
(ii)The rate in Table 6 of Appendix A to part 4044 of this chapter.
(e)*Mortality rates for disabled lives (Social Security disability).* The mortality rates applicable to annuities in pay status on the valuation date that are being received as disability benefits and for which either eligibility for, or receipt of, Social Security disability benefits is a prerequisite, are—
(1)For male participants, the rates in Table 5 of Appendix A to part 4044 of this chapter; and
(2)For female participants, the rates in Table 6 of Appendix A to part 4044 of this chapter. Issued in Washington, DC, this 6th day of July, 2006. Vincent K. Snowbarger, Acting Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. E6-10919 Filed 7-11-06; 8:45 am] BILLING CODE 7709-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 1, 64, 72, 81, 89, 100, 101, 104, 120, 135, 146, 148, 151, 153, 154, 155, 156, 157, 160, 164, and 165 [USCG-2006-25150] RIN 1625-ZA08 Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: This rule makes non-substantive changes throughout Title 33 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard navigation and navigable water regulations. This rule will have no substantive effect on the regulated public. DATES: This final rule is effective July 12, 2006. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2006-25150 and are available for inspection or copying at the Docket Management Facility, U.S. Department of Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Mr. Ray Davis, Coast Guard, telephone 202-372-1461. If you have questions on viewing the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-493-0402. SUPPLEMENTARY INFORMATION: Regulatory History We did not publish a notice of proposed rulemaking
(NPRM)for this regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard finds that this rule is exempt from notice and comment rulemaking requirements because these changes involve agency organization and practices, and good cause exists for not publishing an NPRM for all revisions in the rule because they are all non-substantive changes. This rule consists only of corrections and editorial, organizational, and conforming amendments. These changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Background and Purpose Each year Title 33 of the Code of Federal Regulations is updated on July 1. This rule, which becomes effective July 12, 2006, makes other technical and editorial corrections throughout Title 33. This rule does not create any substantive requirements. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. As this rule involves internal agency practices and procedures and non-substantive changes, it will not impose any costs on the public. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. This rule does not require a general NPRM and, therefore, is exempt from the requirements of the Regulatory Flexibility Act. Although this rule is exempt, we have reviewed it for potential economic impact on small entities. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in an expenditure of this magnitude, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” 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.lD, 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 (34)(a) and (b), of the Instruction from further environmental documentation because this rule involves editorial, procedural, and internal agency functions. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES . List of Subjects 33 CFR Part 1 Administrative practice and procedure, Authority delegations (Government agencies), Freedom of information, Penalties. 33 CFR Part 64 Navigation (water), Reporting and recordkeeping requirements. 33 CFR Part 72 Government publications, Navigation (water). 33 CFR Part 81 Navigation (water), Reporting and recordkeeping requirements, Treaties. 33 CFR Part 89 Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 101 Harbors, Maritime security, Reporting and recordkeeping requirements, Security measures, Vessels, Waterways. 33 CFR Part 104 Maritime security, Reporting and recordkeeping requirements, Security measures, Vessels. 33 CFR Part 120 Passenger vessels, Reporting and recordkeeping requirements, Security measures, Terrorism. 33 CFR Part 135 Administrative practice and procedure, Continental shelf, Insurance, Oil pollution, Reporting and recordkeeping requirements. 33 CFR Part 146 Continental shelf, Marine safety, Occupational safety and health, Reporting and recordkeeping requirements, Vessels. 33 CFR Part 148 Administrative practice and procedure, Environmental protection, Harbors, Petroleum. 33 CFR Part 151 Administrative practice and procedure, Oil pollution, Penalties, Reporting and recordkeeping requirements, Water pollution control. 33 CFR Part 153 Hazardous substances, Oil pollution, Reporting and recordkeeping requirements, Water pollution control. 33 CFR Part 154 Alaska, Fire prevention, Hazardous substances, Oil pollution, Reporting and recordkeeping requirements. 33 CFR Part 155 Alaska, Hazardous substances, Oil pollution, Reporting and recordkeeping requirements. 33 CFR Part 156 Hazardous substances, Oil pollution, Reporting and recordkeeping requirements, Water pollution control. 33 CFR Part 157 Cargo vessels, Oil pollution, Reporting and recordkeeping requirements. 33 CFR Part 160 Administrative practice and procedure, Harbors, Hazardous materials transportation, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Vessels, Waterways. 33 CFR Part 164 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 1, 64, 72, 81, 89, 100, 101, 104, 120, 135, 146, 148, 151, 153, 154, 155, 156, 157, 160, 164, and 165. Title 33—Navigation and Navigable Waters PART 1—GENERAL PROVISIONS 1. The authority citation for part 1 continues to read as follows: Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46; section 1.01-70 also issued under the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351. § 1.08-5 [Amended] 2. In paragraph (d), remove the reference “1.07-9” and add, in its place, “1.07-10”. PART 64—MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER OBSTRUCTIONS 3. The authority citation for part 64 continues to read as follows: Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118; 43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170. § 64.11 [Amended] 4. At the end of the section, remove the Note. PART 72—MARINE INFORMATION 5. The authority citation for part 72 continues to read as follows: Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.1. § 72.01-25 [Amended] 6. In § 72.01-25, paragraph (b), remove “202-521-2250” and add, in its place, “202-512-2104”. § 72.05-5 [Amended] 7. In § 72.05-5, remove “202-521-2250” and add, in its place, “202-512-2104”. PART 81—72 COLREGS: IMPLEMENTING RULES 8. The authority citation for part 81 continues to read as follows: Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46. 9. Revise the last sentence of § 81.3 to read as follows: § 81.3 General. * * * The information collection and recordkeeping requirements in §§ 81.5 and 81.18 have been approved by the Office of Management and Budget under OMB control No. 1625-0019. 10. Revise the parenthetical at the end of § 81.5 to read as follows: § 81.5 Application for a Certificate of Alternative Compliance. (Approved by the Office of Management and Budget under control number 1625-0019) 11. Revise the parenthetical at the end of § 81.18 to read as follows: § 81.18 Notice and record of certification of vessels of special construction or purpose. (Approved by the Office of Management and Budget under control number 1625-0019) PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES 12. The authority citation for part 89 continues to read as follows: Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14). 13. Revise the last sentence of § 89.3 to read as follows: § 89.3 General. * * * The information collection and recordkeeping requirements in §§ 89.5 and 89.18 have been approved by the Office of Management and Budget under OMB control No. 1625-0019. PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 14. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170. § 100.519 [Amended] 15. In § 100.519 paragraph (a)(2), remove the word “Group” and add in its place, “SFO”. § 100.531 [Amended] 16. In § 100.531, in paragraph (a), in the definition of “Coast Guard Patrol Commander”, remove the word “Group” and add in its place, “SFO”. 17. In § 100.531, in paragraph (a), in the definition of “Official Patrol”, remove the word “Group” and add in its place, “SFO”. PART 101—MARITIME SECURITY: GENERAL 18. The authority citation for part 101 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1. § 101.305 [Amended] 19. In § 101.305, in paragraph (a), remove “202-267-2675, fax: 202-267-1322” and add, in its place, “202-372-2428; Fax: 202-372-2920”. PART 104—MARITIME SECURITY: VESSELS 20. The authority citation for part 104 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1. § 104.115 Compliance. 21. In § 104.115— a. Revise the section heading to read as set forth above; b. In paragraph (a), remove “On July 1, 2004, and thereafter, vessel”, and add, in its place, “Vessel”. c. Remove paragraph (b), and redesignate paragraph
(c)as paragraph (b). d. In newly designated paragraph (b), introductory text, remove “On July 1, 2004, and thereafter, owners” and add, in its place, “Owners”. § 104.205 [Amended] 22. In § 104.205, in paragraph (b)(1), remove “202-267-2675, fax: 202-267-1322” and add, in its place, “202-372-2428; Fax: 202-372-2920”. PART 120—SECURITY OF PASSENGER VESSELS 23. The authority citation for part 120 continues to read as follows: Authority: 33 U.S.C. 1231; Department of Homeland Security Delegation No. 0170. § 120.220 [Amended] 24. In § 120.220, in paragraph
(a)remove “202-267-2675” and add, in its place, “202-372-2428; Fax: 202-372-2920”. PART 135—OFFSHORE OIL POLLUTION COMPENSATION FUND 25. The authority citation for part 135 continues to read as follows: Authority: 33 U.S.C. 2701-2719; E.O. 12777, 56 FR 54757; 49 CFR 1.46. § 135.305 [Amended] 26. In § 135.305(b), remove the words “Subpart C” and add in their place “Subpart B”. PART 146—OPERATIONS 27. The authority citation for part 146 continues to read as follows: Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46. 28. Revise the parenthetical at the end of § 146.30 to read as follows: § 146.30 Notice of casualties. (Approved by the Office of Management and Budget under control number 1625-0001) 29. Revise the parenthetical at the end of § 146.35 to read as follows: § 146.35 Written report of casualty. (Approved by the Office of Management and Budget under control number 1625-0001) 30. Revise the parenthetical at the end of § 146.125 to read as follows: § 146.125 Emergency drills. (Approved by the Office of Management and Budget under control number 1625-0018) 31. Revise the parenthetical at the end of § 146.303 to read as follows: § 146.303 Notice and written report of casualties. (Approved by the Office of Management and Budget under control number 1625-0001) PART 148—DEEPWATER PORTS: GENERAL 32. The authority citation for part 148 continues to read as follows: Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75). § 148.5 [Amended] 33. In § 148.5, in paragraph (3), of the definition for Administrator of the Maritime Administration, remove “202-366-4721” and add, in its place, “800-996-2723”. PART 151—VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER 34. The authority citation for part 151 continues to read as follows: Authority: 33 U.S.C. 1321 and 1903; Public Law 104-227 (110 Stat. 3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351. § 151.09 [Amended] 35. In 151.09, in paragraph (a)(4), remove the reference “§ 2.05-10” and add, in its place, “§ 2.22(a)(2)”. § 151.15 [Amended] 36. In § 151.15, in paragraph (d)(2), remove “202-267-2675), fax number 202-479-7165” and add, in its place, “202-372-2428), fax number 202-372-2920”. 37. Revise the parenthetical at the end of § 151.19 to read as follows: § 151.19 International Oil Pollution Prevention
(IOPP)Certificates. (Approved by the Office of Management and Budget under control number 1625-0041) 38. Revise the parenthetical at the end of § 151.21 to read as follows: § 151.21 Ships of countries not party to MARPOL 73/78. (Approved by the Office of Management and Budget under control number 1625-0019) 39. Revise the parenthetical at the end of § 151.25 to read as follows: § 151.25 Oil Record Book. (Approved by the Office of Management and Budget under control number 1625-0009) 40. Revise the parenthetical at the end of § 151.57 to read as follows: § 151.57 Waste management plans. (Approved by the Office of Management and Budget under control number 1625-0072) PART 153—CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL 41. The authority citation for part 153 continues to read as follows: Authority: 14 U.S.C. 633; 33 U.S.C. 1321, 1903, 1908; 42 U.S.C. 9615; 46 U.S.C. 6101; E.O. 12580, 3 CFR, 1987 Comp., p. 193; E.O. 12777, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. § 153.203 [Amended] 42. In § 153.203, remove “202-267-2675” and add, in its place, “202-372-2428; fax number 202-372-2920”. PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK 43. The authority citation for part 154 continues to read as follows: Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and (m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland Security Delegation No. 0170.1. Subpart F is also issued under 33 U.S.C. 2735. 44. Revise the parenthetical at the end of § 154.310 to read as follows: § 154.310 Operations manual: Contents. (Approved by the Office of Management and Budget under control number 1625-0093) 45. Revise the parenthetical at the end of § 154.740 to read as follows: § 154.740 Records. (Approved by the Office of Management and Budget under control number 1625-0060) 46. Revise the parenthetical at the end of § 154.804 to read as follows: § 154.804 Review, certification, and initial inspection. (Approved by the Office of Management and Budget under control number 1625-0060) 47. Revise the parenthetical at the end of § 154.806 to read as follows: § 154.806 Application for acceptance as a certifying entity. (Approved by the Office of Management and Budget under control number 1625-0060) PART 155—OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS 48. The authority citation for part 155 continues to read as follows: Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975 Comp., p. 793. Sections 155.100 through 155.130, 150.350 through 155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and 155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections 155.480, 155.490, 155.750(e), and 155.775 are also issued under 46 U.S.C. 3703. Section 155.490 also issued under section 4110(b) of Public Law 101-380. 49. Revise the parenthetical at the end of § 155.370 to read as follows: § 155.370 Oily mixture (bilge slops)/fuel oil tank ballast water discharges on oceangoing ships of 10,000 gross tons and above and oceangoing ships of 400 gross tons and above that carry ballast water in their fuel oil tanks. (Approved by the Office of Management and Budget under control number 1625-0009) 50. Revise the parenthetical at the end of § 155.440 to read as follows: § 155.440 Segregation of fuel oil and ballast water on new oceangoing ships of 4,000 gross tons and above, other than oil tankers, and on new oceangoing oil tankers of 150 gross tons and above. (Approved by the Office of Management and Budget under control number 1625-0009) 51. Revise the parenthetical at the end of § 155.750 to read as follows: § 155.750 Contents of transfer procedures. (Approved by the Office of Management and Budget under control number 1625-0030) 52. In Subpart D, revise the subpart heading to read “Tank Vessel Response Plans for Oil”. PART 156—OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS 53. The authority citation for part 156 continues to read as follows: Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and
(ee)are also issued under 46 U.S.C. 3703. 54. Revise the parenthetical at the end of § 156.20 to read as follows: § 156.120 Requirements for transfer. (Approved by the Office of Management and Budget under control number 1625-0039) 55. Revise the parenthetical at the end of § 156.170 to read as follows: § 156.170 Equipment tests and inspections. (Approved by the Office of Management and Budget under control number 1625-0095) PART 157—RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO TANK VESSELS CARRYING OIL IN BULK 56. The authority citation for part 157 continues to read as follows: Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR 1.46. Subparts G, H, and I are also issued under section 4115(b), Public Law 101-380, 104 Stat. 520; Public Law 104-55, 109 Stat. 546. 57. Revise the parenthetical at the end of § 157.04 to read as follows: § 157.04 Authorization of classification societies. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 58. Revise the parenthetical at the end of § 157.24a to read as follows: § 157.24a Submission of calculations, plans, and specifications for existing vessels installing segregated ballast tanks. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 59. Revise the parenthetical at the end of § 157.37 to read as follows: § 157.37 Discharge of oily mixtures from oil cargoes. (The information collection requirement contained in paragraph
(d)of this section was approved by the Office of Management and Budget under control number 1625-0041) 60. Revise the parenthetical at the end of § 157.100 to read as follows: § 157.100 Plans for U.S. tank vessels: Submission. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 61. Revise the parenthetical at the end of § 157.102 to read as follows: § 157.102 Plans for foreign tank vessels: Submission. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 62. Revise the parenthetical at the end of § 157.108 to read as follows: § 157.108 Crude Oil Washing Operations and Equipment Manual for U.S. tank vessels: Submission. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 63. Revise the parenthetical at the end of § 157.110 to read as follows: § 157.110 Crude Oil Washing Operations and Equipment Manual for foreign tank vessels: Submission. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 64. Revise the parenthetical at the end of § 157.116 to read as follows: § 157.116 Required documents: U.S. tank vessels. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 65. Revise the parenthetical at the end of § 157.118 to read as follows: § 157.118 Required documents: Foreign tank vessels. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 66. Revise the parenthetical at the end of § 157.200 to read as follows: § 157.200 Plans for U.S. tank vessels: Submission. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036> 67. Revise the parenthetical at the end of § 157.206 to read as follows: § 157.206 Dedicated Clean Ballast Tanks Operations Manual for U.S. tank vessels: Submission. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 68. Revise the parenthetical at the end of § 157.208 to read as follows: § 157.208 Dedicated Clean Ballast Tanks Operations Manual for foreign tank vessels: Submission. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 69. Revise the parenthetical at the end of § 157.214 to read as follows: § 157.214 Required documents: U.S. tank vessels. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) 70. Revise the parenthetical at the end of § 157.216 to read as follows: § 157.216 Required documents: Foreign tank vessels. (Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) PART 160—PORTS AND WATERWAYS SAFETY—GENERAL 71. The authority citation for part 160 continues to read as follows: Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department of Homeland Security Delegation No. 0170.1. Subpart C is also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715. 72. In § 160.7— a. Redesignate paragraphs
(c)and
(d)as paragraphs
(d)and (e); b. Amend paragraph
(b)by removing the reference “paragraph
(d)of this section”, and adding a reference “paragraph
(e)of this section” in its place; c. Add a new paragraph (c); and d. Revise newly designated paragraph (d); as follows: § 160.7 Appeals.
(c)Any person directly affected by the establishment of a safety zone or by an order or direction issued by, or on behalf of, a District Commander may appeal to the Area Commander through the District Commander. The appeal must be in writing, except as allowed under paragraph
(e)of this section, and shall contain complete supporting documentation and evidence which the appellant wishes to have considered. Upon receipt of the appeal, the Area Commander may direct a representative to gather and submit documentation or other evidence which would be necessary or helpful to a resolution of the appeal. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials. Following submission of all materials, the Area Commander issues a ruling, in writing, on the appeal. Prior to issuing the ruling, the Area Commander may, as a matter of discretion, allow oral presentation on the issues.
(d)Any person directly affected by the establishment of a safety zone or by an order or direction issued by an Area Commander, or who receives an unfavorable ruling on an appeal taken under paragraph
(b)of this section, may appeal through the Area Commander to the Assistant Commandant for Marine Safety, Security and Environmental Protection, U.S. Coast Guard, Washington, DC 20593. The appeal must be in writing, except as allowed under paragraph
(e)of this section. The Area Commander forwards the appeal, all the documents and evidence which formed the record upon which the order or direction was issued or the ruling under paragraph
(b)of this section was made, and any comments which might be relevant, to the Assistant Commandant for Marine Safety, Security and Environmental Protection. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials to the Assistant Commandant for Marine Safety, Security and Environmental Protection. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is based upon the materials submitted, without oral argument or presentation. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is issued in writing and constitutes final agency action. PART 164—NAVIGATION SAFETY REGULATIONS 73. The authority citation for part 164 continues to read as follows: Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; Department of Homeland Security Delegation No. 0170.1 (75). Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 U.S.C. 6101. § 164.15 [Amended] 74. In § 164.15, paragraph(a)(1), remove the word “hip” and add, in its place “ship”. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 75. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 76. In § 165.5, remove the parenthetical after paragraph (b)(6) and add a new parenthetical at the end of the section to read as follows: § 165.5 Establishment procedures. (Requests for safety zones, security zones, and regulated navigation areas are approved by the Office of Management and Budget under control number 1625-0020) 77. Revise § 165.501 (d)(9)(iv) as set out below: § 165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent waters—Regulated Navigation Area.
(d)* * *
(9)* * *
(iv)The designated representative of the Captain of the Port is the Sector Command Center (SCC)—Joint Harbor Operations Center
(JHOC)which shall be contacted on VHF-FM channel 12, or by calling
(757)668-5555. Dated: July 6, 2006. Stefan G. Venckus, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. E6-10890 Filed 7-11-06; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2006-0053;FRL-8073-3] Imidacloprid; Pesticide Tolerance Technical Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; technical correction. SUMMARY: EPA issued a final rule in the **Federal Register** of March 22, 2006, concerning the establishment of pesticide tolerances for combined residues of imidacloprid on oats and rye. This document is being issued to correct a typographical error and a typographical omission. DATES: This final rule is effective on July 12, 2006. ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPP-2006-0053. All documents in the docket are listed in the index for the docket. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Docket Facility is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Meredith Laws, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-7038; e-mail address: *laws.meredith@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? The Agency included in the final rule a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under the FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document and Other Related Information? In addition to using regulations.gov ( *http://www.regulations.gov* ), you may access this **Federal Register** document electronically through the EPA Internet under the“ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/* . A frequently updated electronic version of 40 CFR part 180 is available at E-CFR Beta Site Two at *http://www.gpoaccess.gov/ecfr/* . II. What Does this Correction Do? FR Doc. 06-2712 published in the **Federal Register** of March 22, 2006 (71 FR 14406) (FRL-7766-8), in the amendment to § 180.472 is being corrected because the table in paragraph
(a)was inadvertently published as a two column table. The table should have appeared as a three column table. The omitted third column should include the heading “Expiration/Revocation Date”, and the entry “None” to correspond to the tolerance listed in each row. The amendment also includes a typographical error and lists the established tolerance level for “Oats, forage”, as “a2.0” parts per million. This typographical error is being corrected as well. III. Why is this Correction Issued as a Final Rule? Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making today's technical correction final without prior proposal and opportunity for comment, because the use of notice and comment procedures are unnecessary to effectuate this correction. As such, EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B). IV. Do Any of the Statutory and Executive Order Reviews Apply to this Action? No. This action only corrects errors in the amendatory language for a previously published final rule and does not impose any new requirements. EPA's compliance with the statutes and Executive Orders for the underlying rule is discussed in Unit VII. of the March 22, 2006, final rule (71 FR 14406). V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the **Federal Register** . This final rule is not a “major rule ” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: June 28, 2006. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR part 180 is corrected as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.472 is amended by alphabetically adding commodities to the table in paragraph
(a)to read as follows: § 180.472 Imidacloprid; tolerances for residues.
(a)* * * Commodity Parts per million Expiration/Revocation Date * * * * * * * Oats, forage 2.0 None Oats, grain 0.05 None Oats, hay 6.0 None Oats, straw 3.0 None * * * * * * * Rye, forage 2.0 None Rye, grain 0.05 None Rye, hay 6.0 None Rye, straw 3.0 None [FR Doc. E6-10860 Filed 7-11-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 281 [FRL-8195-8] Indiana; Final Approval of State Underground Storage Tank Program AGENCY: Environmental Protection Agency. ACTION: Notice of Final Determination on the State of Indiana's Application for Final Approval. SUMMARY: The State of Indiana has applied for approval of the underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency
(EPA)has reviewed the Indiana application and has reached a final determination that Indiana's underground storage tank program satisfies all of the requirements necessary to qualify for approval under the regulations. Thus, the EPA is granting final approval to the State of Indiana to operate its Underground Storage Tank Program for petroleum and hazardous substances. DATES: *Effective Date:* Final approval for the State of Indiana's Underground Storage Tanks Program is effective on August 11, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-UST-2006-0188. All documents in the docket are listed on the *http://www.regulations.gov* Web site. Although listed in the index, some information is not publicly available. *e.g.,* CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard form. Publicly available docket materials are available either electronically through *http://www.regulations.gov* or in hard copy at the following addresses; Indiana Department of Environmental Management, File Room located on the 12th floor of the Indiana Government Center—North, 100 North Senate Avenue 46204, Telephone:
(317)234-0963, Monday through Friday, 8:30 a.m. through 4:30 p.m.; and U.S. EPA Region 5, Underground Storage Tank Section, 77 West Jackson Blvd., Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We recommend you telephone Sandra Siler, Enforcement Officer, at
(312)886-0429 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Mr. Andrew Tschampa, Chief, Underground Storage Tank Section, U.S. EPA Region 5, DU-7J, 77 West Jackson Blvd., Chicago, Illinois, Telephone:
(312)886-6136. SUPPLEMENTARY INFORMATION: I. Background Section 9004 of the Resource Conservation and Recovery Act
(RCRA)authorizes EPA to approve State underground storage tank programs to operate in the State in lieu of the Federal underground storage tank
(UST)program. Program approval may be granted by EPA pursuant to RCRA section 9004(b), if the Agency finds that the State program: Is “no less stringent” than the Federal program for the seven elements set forth at RCRA section 9004(a)(1) through (7); includes the notification requirements of RCRA section 9004(a)(8); and provides for adequate enforcement of compliance with UST standards of RCRA section 9004(a). Note that RCRA sections 9005 (on information-gathering) and 9006 (on Federal enforcement) by their terms apply even in states with programs approved by EPA under RCRA section 9004. Thus, the Agency retains its authority under RCRA sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, and other applicable statutory and regulatory provisions to undertake inspections and enforcement actions in approved states. With respect to such an enforcement action, the Agency will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than the State authorized analogues to these provisions. II. Indiana The Indiana Department of Environmental Management
(IDEM)is the implementing agency for underground storage tank
(UST)activities in the State. IDEM UST/LUST program was first implemented in 1986 and IDEM recently amended its technical rules, which came into effect October 2004. Indiana adopted UST program regulations for petroleum and hazardous substance underground storage tanks. Prior to the adoption of the regulations, Indiana solicited public comments on the draft UST program regulations. IDEM submitted their application for State Program Approval
(SPA)of Indiana's UST program to U.S. EPA by letter dated April 5, 2005. EPA reviewed IDEM's application and determined it to be complete. EPA notified IDEM in a June 22, 2005, letter that the Indiana application was complete. On March 22, 2006, the EPA published a tentative decision announcing its intent to grant Indiana final approval. III. Decision I conclude that the State of Indiana's application for final program approval meets all of the statutory and regulatory requirements established by Subtitle I of RCRA. Accordingly, Indiana is granted final approval to operate its Underground Storage Tank Program for petroleum and hazardous substances. The State of Indiana now has the responsibility for managing all regulated underground storage tank facilities within its border and carrying out all aspects of the Underground Storage Tank Program. Indiana also has primary enforcement responsibility, although the EPA retains the right to conduct enforcement under section 9006 of RCRA. IV. Statutory and Executive Order Reviews This rule only applies to the Indiana Department of Environmental Management's underground storage tank program requirements pursuant to RCRA section 9004 and imposes no requirements other than those imposed by State law (see Supplementary Information ). Therefore, this rule complies with applicable executive orders and statutory provisions as follows. *1. Executive Order 12866: Regulatory Planning Review* —The Office of Management and Budget has exempted this rule from its review under Executive Order
(EO)12866. *2. Paperwork Reduction Act* —This rule does not impose an information collection burden under the Paperwork Reduction Act. *3. Regulatory Flexibility Act* —After considering the economic impacts of today's rule on small entities under the Regulatory Flexibility Act, I certify that this rule will not have a significant economic impact on a substantial number of small entities. *4. Unfunded Mandates Reform Act* —Because this rule codifies pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act. *5. Executive Order 13132: Federalism* —EO 13132 does not apply to this rule because it will not have federalism implications (i.e., substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government). *6. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments* —EO 13175 does not apply to this rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes). *7. Executive Order 13045: Protection of Children from Environmental Health & Safety Risks* —This rule is not subject to EO 13045 because it is not economically significant and it is not based on health or safety risks. *8. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use* —This rule is not subject to EO 13211 because it is not a significant regulatory action as defined in EO 12866. *9. National Technology Transfer and Advancement Act* —Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. List of Subjects in 40 CFR Part 281 Environmental protection, Administrative practice and procedure, Hazardous materials, State program approval, Underground storage tanks. Authority: This notice is issued under the authority of Sections 2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6974(b), and 6991(c). Dated: June 5, 2006. Bharat Mathur, Acting Regional Administrator, Region 5. [FR Doc. E6-10866 Filed 7-11-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 435, 436, 440, 441, 457, and 483 [CMS-2257-IFC] RIN 0938-AO51 Medicaid Program; Citizenship Documentation Requirements AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Interim Final rule with comment period. SUMMARY: This interim final rule with comment period amends Medicaid regulations to implement the provision of the Deficit Reduction Act that requires States to obtain satisfactory documentary evidence of an applicant's or recipient's citizenship and identity in order to receive Federal financial participation. This regulation provides States with guidance on the types of documentary evidence that may be accepted, including alternative forms of documentary evidence in addition to those described in the statute and the conditions under which this documentary evidence can be accepted to establish the applicant's declaration of citizenship. It also gives States guidance on the processes that may be used to help minimize the administrative burden on both States and applicants and recipients. DATES: *Effective Date:* July 6, 2006. *Comment Date:* To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on August 11, 2006. ADDRESSES: In commenting, please refer to file code CMS-2257-IFC. Because of staff and resource limitations, we cannot accept comments by facsimile
(FAX)transmission. You may submit comments in one of four ways (no duplicates, please): 1. *Electronically.* You may submit electronic comments on specific issues in this regulation to *http://www.cms.hhs.gov/eRulemaking.* Click on the link “Submit electronic comments on CMS regulations with an open comment period.” (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.) 2. *By regular mail.* You may mail written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-2257-IFC, P.O. Box 8017, Baltimore, MD 21244-8017. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. *By express or overnight mail.* You may send written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-2257-IFC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 4. *By hand or courier.* If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to one of the following addresses. If you intend to deliver your comments to the Baltimore address, please call telephone number
(410)786-7195 in advance to schedule your arrival with one of our staff members. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201; or 7500 Security Boulevard, Baltimore, MD 21244-1850. (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. *Submission of comments on paperwork requirements.* You may submit comments on this document's paperwork requirements by mailing your comments to the addresses provided at the end of the “Collection of Information Requirements” section in this document. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Robert Tomlinson,
(410)786-4463. SUPPLEMENTARY INFORMATION: *Submitting Comments:* We welcome comments from the public on all issues set forth in this rule to assist us in fully considering issues and developing policies. You can assist us by referencing the file code CMS-2257-IFC and the specific “issue identifier” that precedes the section on which you choose to comment. *Inspection of Public Comments:* All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: *http://www.cms.hhs.gov/eRulemaking.* Click on the link “Electronic Comments on CMS Regulations” on that Web site to view public comments. Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951. I. Background Since enactment of the Immigration Reform and Control Act of 1986 (Pub. L. 99-163, enacted on November 6, 1986), Medicaid applicants and recipients have been required by section 1137(d) of the Social Security Act (the Act) to declare under penalty of perjury whether the applicant or recipient is a citizen or national of the United States, and if not a citizen or national, that the individual is an alien in a satisfactory immigration status. Aliens who declare they are in a satisfactory immigration status have been required by section 1137(d) of the Act to present documentation of satisfactory immigration status since the declarations were first implemented. Individuals who declared they were citizens did not have to do anything else to support that claim, although some States did require documentary evidence of this claim. The new provision under section 6036 of the Deficit Reduction Act of 2005
(DRA)(Pub. L. 109-171, enacted on February 8, 2006) effectively requires that the State obtain satisfactory documentation of a declaration of citizenship. Self-attestation of citizenship and identity is no longer an acceptable practice. The provisions of section 6036 of the DRA do not affect individuals who have declared they are aliens in a satisfactory immigration status. As with other Medicaid program requirements, States must implement an effective process for assuring compliance with documentation of citizenship and identity in order to obtain Federal matching funds, and effective compliance will be part of Medicaid program integrity monitoring. Section 6036 of the DRA creates a new section 1903(x) of the Act that prohibits Federal financial participation
(FFP)in State expenditures for medical assistance with respect to an individual who has declared under section 1137(d)(1)(A) of the Act to be a citizen or national of the United States unless the State obtains satisfactory documentary evidence of citizenship or a statutory exemption applies. For new Medicaid applicants or for currently enrolled individuals, the State must obtain evidence of citizenship and identity at the time of application or at the time of the first redetermination occurring on or after July 1, 2006. Presentation of documentary evidence of citizenship is a one-time activity; once a person's citizenship is documented and recorded in the case file or database, subsequent changes in eligibility should not require repeating the documentation unless later evidence raises a question of a person's citizenship. The State need only check its databases to verify that the individual already established citizenship. Basic Features of New Provision To receive FFP, States must secure documentary evidence of U.S. citizenship and identity with respect to individuals who have declared under section 1137(d) of the Act that they are citizens or nationals of the United States unless an exemption applies. These individuals must present documentary evidence to establish both citizenship and identity. The law provides specific examples of acceptable documents and gives us authority to add additional documents. We explain the types of documents that may be used including additional documents that may be accepted. We establish a hierarchy of reliability of citizenship documents and specify when a document of lesser reliability may be accepted by the State. The State makes the decision whether documents of a given level of reliability are available. Implementation Conditions/Considerations The State must obtain satisfactory documentary evidence of citizenship and identity for all Medicaid applicants who have declared that they are citizens or nationals of the United States. This requirement applies to all recipients who declared at the time of application to be citizens or nationals of the United States unless an exemption applies. Section 1903(x)(2) of the Act provides an exemption, but it does so in a manner that is clearly a drafting error. This section exempts an “alien” eligible for Medicaid and entitled to or enrolled in Medicare or eligible for Medicaid by virtue of receiving Supplemental Security Income
(SSI)from the requirement to present satisfactory documentary evidence of citizenship. However, because aliens are not citizens and cannot provide documentary evidence of citizenship, this exemption, if limited to aliens, does not appear to have any impact. The context of this exemption in the statutory framework suggests that the Congress may have intended to create an exemption for citizens and nationals but accidentally used the term “alien.” The DRA did not modify section 1137(d)(2) or
(3)of the Act, which contains the documentation and verification requirements for aliens, and section 1903(x)(1), which was added by the DRA and is the section to which the exemption applies, by its terms references only citizens and nationals, not aliens. We believe that in order to give meaning to the exemption, it is appropriate to treat the reference to “alien” as a “scrivener's error.” Courts have employed the doctrine of correcting a “scrivener's error” in order to correct obvious clerical or typographical errors. For example, *U.S. Nat'l Bank of Or.* v. *Indep. Ins. Agents of Am., Inc.* , 508 U.S. 439, 462 (1993). Courts similarly may reform the Congress's chosen words when the plain language would lead to absurd results. See *Yates* v. *Hendon* , 541 U.S. 1, 17-18 (2004); *United States* v. *Brown* , 333 U.S. 18, 27 (1948). There are several clear scrivener's errors included in section 6036 of the DRA in addition to this one, including the Congress's decision to cross-reference the non-existent “subsection (i)(23),” rather than the relevant subsection (i)(22). While the Congress chose to use words that have a logical English meaning, those words lead to absurd and counter-intuitive results. An exemption applying only to “aliens” who declare themselves citizens would amount to an absurd result for aliens (who, by definition, cannot provide documentation of citizenship) and no exemption at all for those whom the Congress clearly intended to benefit with the exemption. Under the absurd results doctrine, it appears reasonable for CMS to interpret the statute so that the exemption under subsection 1903(x)(2) of the Act applies to “individuals” rather than “aliens.” To adopt the literal reading of the statute could result in Medicare and SSI eligibles, a population which are by definition either aged, blind, or disabled, and thereby most likely to have difficulty obtaining documentation of citizenship, being denied the availability of an exemption which we believe the Congress intended to afford them. Accordingly, States will not be subject to denial of FFP in their Medicaid expenditures for SSI recipients who receive Medicaid by virtue of receipt of SSI and Medicare eligibles based upon failure to document citizenship. Not all States provide Medicaid to individuals who are SSI recipients. In those States, the exemption will not provide relief to SSI recipients. However, the Social Security Administration
(SSA)maintains a database, known as the State Data Exchange
(SDX)which contains the needed information to identify whether an individual has already been found to be a citizen by the SSA and the States have the option to cross match with this database to meet these requirements without using the hierarchical process for obtaining documents discussed in the regulation. The statute also gives us authority to exempt “aliens” (which we construe as “individuals who declare themselves to be citizens or nationals”) from the documentation requirements if satisfactory documentary evidence of citizenship or nationality has been previously presented. We are not currently exercising this authority. If we become aware of an appropriate instance to exercise this authority in the future or to add additional forms of documentation which will be acceptable for establishing identity or citizenship, we will do so by regulation. Title IV-E children receiving Medicaid, while not required to declare citizenship for IV-E, must have in their Medicaid file a declaration of citizenship or satisfactory immigration status and documentary evidence of the citizenship or satisfactory immigration status claimed on the declaration. Individuals who are receiving benefits under a section 1115 demonstration project approved under title XI authority are also subject to this provision. This includes individuals who are treated as eligible for matching purposes by virtue of the authority granted under section 1115(a)(2) of the Act (expansion populations) under section 1115 demonstrations and family planning demonstrations. Under section 1902(e)(4) of the Act and 42 CFR 435.117, a Medicaid agency must provide categorically needy Medicaid eligibility to a child born to a woman who is eligible as categorically needy and is receiving Medicaid on the date of the child's birth. The child is deemed to have applied and been found eligible for Medicaid on the date of birth and remains eligible as categorically needy for one year so long as the woman remains eligible as categorically needy and the child is member of the woman's household. Citizenship and identity documentation for the child must be obtained at the next redetermination of eligibility. Citizen children born to non-qualified aliens do not benefit from the provisions of section 1902(e)(4) of the Act because although the mother may have been eligible for and receiving Medicaid on the date of the child's birth, the mother would not continue to be eligible after the child's birth. The mother is eligible for Medicaid but only for treatment of an emergency medical condition. A child born in the United States to an illegal alien mother, or 5-year bar qualified alien mother is not a deemed newborn under 1902(e)(4) because the mother although eligible on the date of birth of the child, would not remain eligible. The child, however, could be eligible as a poverty level child, or 1931 child. In these cases an application must be filed for the child and the requirements of this regulation would apply at the time of application. Individuals who receive Medicaid because of a determination by a qualified provider, or entity, under sections 1920, 1920A, or 1920B of the Act (presumptive eligibility) are not subject to the documentation requirements until they file an application and declare on the application that they are citizens or nationals. These individuals receive Medicaid during the “presumptive” period notwithstanding any other provision of title XIX, including the requirements of section 1903(x) of the Act. However, when these individuals file an application for Medicaid and declare on the application that they are citizens or nationals, these regulations would apply for periods in which they receive services as eligible for Medicaid. At the time of application or redetermination, the State must give an applicant or recipient, who has signed a declaration required by section 1137(d) of the Act and claims to be a citizen, a reasonable opportunity to present documents establishing U.S. citizenship or nationality and identity. Individuals who are Medicaid recipients, will remain eligible until determined ineligible as required by Federal regulations at § 435.930. A determination terminating eligibility may be made after the recipient has been given a reasonable opportunity to present evidence of citizenship or the State determines the individual has not made a good faith effort to present satisfactory documentary evidence of citizenship. By contrast, applicants for Medicaid (who are not currently receiving Medicaid), should not be made eligible until they have presented the required evidence. This is no different than current policy regarding information which an initial applicant must submit in order for the State to make an eligibility determination. The “reasonable opportunity period” should be consistent with the State's administrative requirements such that the State does not exceed the time limits established in Federal regulations for timely determination of eligibility in § 435.911. The regulations permit exceptions from the time limits when an applicant or recipient in good faith tries to present documentation, but is unable to do so because the documents are not available. In these cases, the State must assist the individual in securing evidence of citizenship. States, at their option, may use matches with the SDX (if the State does not provide automatic Medicaid eligibility to SSI recipients) or vital statistics agencies in place of a birth certificate to assist applicants or recipients to meet the requirements of the law. For example, States already receive the SDX. Therefore, a match of Medicaid applicants or recipients to the SDX that shows the individual has proved citizenship would satisfy the documentation requirement of this provision with respect to SSI recipients. An SSI recipient's citizenship status can be found in the Alien Indicator Code at position 578 on the SDX. States may also, at their option, use matches with State vital statistics agencies in place of a birth certificate to establish citizenship. We are soliciting comments and suggestions for the use of other electronic data matches with other governmental systems of records that contain reliable information about the citizenship or identity of individuals. We will also permit States to accept documentary evidence without requiring the applicant or recipient to appear in person. However, States may accept original documents in person, by mail, or by a guardian or authorized representative. Although States may continue to use application procedures that do not include an interview with an applicant, the State must assure that the information it receives about the identity and citizenship of the applicant or recipient is accurate. All documents must be either originals or copies certified by the issuing agency. Copies or notarized copies may not be accepted. The enactment of section 6036 of the DRA does not change any Centers for Medicare & Medicaid Services
(CMS)policies regarding the taking and processing of applications for Medicaid except the new requirement for presentation of documentary evidence of citizenship. Before the enactment of section 6036 of the DRA, States, although not required by law or regulation to document citizenship, were required to assure that eligibility determinations were accurate. Therefore, most States would request documentation of citizenship only if the applicant's citizenship was believed to be questionable. Likewise, the regulations at § 435.902, § 435.910(e), § 435.912, § 435.919 and § 435.920 continue to apply when securing from applicants and recipients documentary evidence of citizenship and identity. Thus, States are not obligated to make or keep eligible any individual who fails to cooperate with the requirement to present documentary evidence of citizenship and identity. Failure to provide this information is no different than the failure to provide any other information which is material to the eligibility determination. An applicant or recipient who fails to cooperate with the State in presenting documentary evidence of citizenship may be denied or terminated. Failure to cooperate consists of failure by an applicant or recipient, or that individual's representative, after being notified, to present the required evidence or explain why it is not possible to present such evidence of citizenship or identity. Notice and appeal rights must be given to the applicant or recipient if the State denies or terminates an individual for failure to cooperate with the requirement to provide documentary evidence of citizenship or identity in accordance with the regulations at 42 CFR 431.210 or 431.211 as appropriate. Federal Financial Participation
(FFP)for Administrative Expenditures We will provide FFP for State expenditures to carry out the provisions of section 1903(x) of the Act at the match rate for program administration. Compliance FFP will not be available for State expenditures for medical assistance if a State does not require applicants and recipients to provide satisfactory documentary evidence of citizenship, or does not secure this documentary evidence which includes the responsibility to accept only authentic documents on or after July 1, 2006. We will review implementation of section 6036 of the DRA to determine whether claims for FFP for services provided to citizens should be deferred or disallowed. Additionally, we will monitor the extent to which the State is using primary evidence to establish both citizenship and identity and will require corrective action to ensure the most reliable evidence is routinely being obtained. We require that as a check against fraud, using currently available automated capabilities, States will conduct a match of the applicant's name against the corresponding Social Security number
(SSN)that was provided as part of the SSN verification specified in § 435.910. In addition, the Federal government encourages States to use automated capabilities through which a State would be able to verify citizenship and identity of Medicaid applicants. When these capabilities become available, States will be required to match files for individuals who used third or fourth tier documents to verify citizenship and documents to verify identity, and we will make available to States necessary information in this regard in a future State Medicaid Director's letter. States must ensure that all case records within this category will be so identified and made available to conduct these automated matches. We may also require States to match files for individuals who used first or second level documents to verify citizenship as well. We may provide further guidance to States with respect to actions required in a case of a negative match. In addition, in the conduct of determining or re-determining eligibility for Medicaid, State Medicaid agencies may uncover instances of suspected fraud. In such instances, State agencies would refer cases of suspected fraud to an appropriate enforcement agency pursuant to the requirements of § 455.13(c) and § 455.15(b). We are soliciting comments and suggestions on whether, as a part of this policy, CMS should develop a more formal process of sharing the information obtained by States from the checks performed through the existing and any future automated capabilities that may indicate potential fraud. HHS recognizes that in cases where the appropriate enforcement agency is a Federal entity, the Privacy Act of 1974 applies to citizens and permanent resident aliens, and privacy protections afforded by law and in accordance with Federal policy will be addressed. II. Provisions of the Interim Final Rule With Comment Period [If you choose to comment on issues in this section, please include the caption “Provisions of the Interim Final Rule with Comment Period” at the beginning of your comments.] We are amending 42 CFR chapter IV as follows: We are amending § 435.406 and § 436.406 to require that States obtain a Declaration signed under penalty of perjury from every applicant for Medicaid that the applicant is a citizen or national of the United States or an alien in a satisfactory immigration status, and require the individual to provide documentary evidence to verify the declaration. The types and forms of acceptable documentation of citizenship are specified in § 435.407 and § 436.407. For purposes of this regulation the term “citizenship” includes status as a “national of the United States.” The requirement to sign a Declaration of citizenship or satisfactory immigration status was added by the Immigration Reform and Control Act of 1986 and was effective upon enactment. At the time section 1137(d) of the Act was enacted, aliens declaring themselves to be in a satisfactory immigration status were the only applicants required to present to the State documentary evidence of satisfactory status. Beginning in 1987, States were also required to verify the documents submitted by aliens claiming satisfactory immigration status with the Immigration and Naturalization Service
(INS)(now the Department of Homeland Security) using the Systematic Alien Verification for Entitlements (SAVE). The regulation requires the State to also obtain satisfactory documentary evidence establishing identity and citizenship from all Medicaid applicants who, under the DRA amendments, are required to file the Declaration. In addition, for current Medicaid recipients, States are required to obtain satisfactory documentary evidence establishing citizenship and identity at the time of the first redetermination of eligibility that occurs on or after July 1, 2006. We are also amending § 435.406 and § 436.406 to define “Satisfactory immigration status as a Qualified Alien” as described in 8 U.S.C. 1641(b). We are also amending § 435.406 and § 436.406 to remove paragraphs
(b)and (d), as well as subparagraphs
(3)and
(4)of paragraph (a). These provisions have ceased to have any force or effect because the eligibility status provided to individuals who received Lawful Temporary Residence under the Immigration and Reform and Control Act
(IRCA)of 1986 has expired or been superseded by the terms of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) (Pub. L. 104-193, enacted on August 22, 1996). Lawful Temporary Resident Status was granted for a limited time to individuals who applied for the amnesty authorized by IRCA. Most individuals receiving this status would have achieved lawful permanent resident status by 1996 when PRWORA was enacted. PRWORA declared that “notwithstanding any other law” individuals who did not have status as a qualified alien as defined in 42 U.S.C. 1641 are not eligible for any Federal public benefit. That term includes Medicaid. We are adding a new § 435.407 and a new § 436.407 describing the documents and processes States may use to document an applicant's or recipient's declaration that the individual is a citizen of the United States. The documents include all the documents listed in section 6036 of the DRA plus additional documents. We also note that the State Medicaid agency determinations of citizenship are not binding on other Federal or State agencies for any other purposes. We have employed a hierarchy of reliability when securing documentary evidence of citizenship and identity. To establish U.S. citizenship the document must show: A U.S. place of birth, or that the person is a U.S. citizen. Children born in the U.S. to foreign sovereigns or diplomatic officers are not U.S. citizens because they are not subject to the jurisdiction of the United States. To establish identity a document must show evidence that provides identifying information that relates to the person named on the document. We have divided evidence of citizenship into groups based on the respective reliability of the evidence. The first group of documents is described in section 6036 of the DRA and is specified in § 435.407(a) and § 436.407(a) as primary evidence of citizenship and identity. If an individual presents documents from this section, no other information would be required. Primary evidence of citizenship and identity is documentary evidence of the highest reliability that conclusively establishes that the person is a U.S. citizen. The statute provides that these documents can be used to establish both the citizenship and identity of an individual. In general, a State should obtain primary evidence of citizenship and identity before using secondary evidence. We also permit States to use the State Data Exchange
(SDX)database provided by SSA to all States that reflects actions taken by SSA to determine eligibility of applicants for the Supplemental Security Income
(SSI)program. While in States which provide Medicaid eligibility to individuals by virtue of receipt of SSI, these data will not be relevant, the other States may use these data since SSA establishes the citizenship, or immigration status and identity of every applicant as part of its routine administrative processes. Secondary Evidence of Citizenship Secondary evidence of citizenship is documentary evidence of satisfactory reliability that is used when primary evidence of citizenship is not available. In addition, a second document establishing identity must also be presented. See § 435.407(e) and § 436.407(e). Available evidence is evidence that exists and can be obtained within a State's reasonable opportunity period. The State must accept any of the documents listed in paragraph
(b)if the document meets the listed criteria and there is nothing indicating the person is not a U.S. citizen. Applicants or recipients born outside the U.S. who were not citizens at birth must submit a document listed under primary evidence of U.S. citizenship. However, children born outside the United States and adopted by U.S. citizens may establish citizenship using the process established by the Child Citizenship Act of 2000 (Pub. L. 106-395, enacted on October 30, 2000). The second group of documents consists of a mix of documents listed in section 6036 of the DRA and additional documents that only establish citizenship. This group includes a U.S. birth certificate. The birth record document may be recorded by the State, Commonwealth, Territory or local jurisdiction. It must have been recorded before the person was 5 years of age. An amended birth record document that is amended after 5 years of age is considered fourth level evidence of citizenship. If the document shows the individual was born in Puerto Rico, the Virgin Islands of the U.S., or the Northern Mariana Islands before these areas became part of the U.S., the individual may be a collectively naturalized citizen. Collective naturalization occurred on certain dates listed for each of the territories. The following will establish U.S. citizenship for collectively naturalized individuals: *Puerto Rico:* • Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that he or she was residing in the U.S., a U.S. possession or Puerto Rico on January 13, 1941; or • Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain. *U.S. Virgin Islands:* • Evidence of birth in the U.S. Virgin Islands, and the applicant's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927; or • The applicant's statement indicating residence in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927, and that he or she did not make a declaration to maintain Danish citizenship; or • Evidence of birth in the U.S. Virgin Islands and the applicant's statement indicating residence in the U.S., a U.S. possession or Territory or the Canal Zone on June 28, 1932. *Northern Mariana Islands
(NMI)(formerly part of the Trust Territory of the Pacific Islands (TTPI)):* • Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. Territory or possession on November 3, 1986 NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign State on November 4, 1986 (NMI local time); or • Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration before January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign State on November 4, 1986 (NMI local time); or • Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign State on November 4, 1986 (NMI local time). If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen. However, individuals born to foreign diplomats residing in one of the States, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands are not citizens of the United States. Third Level of Evidence of Citizenship Third level evidence of U.S. citizenship is documentary evidence of satisfactory reliability that is used when neither primary nor secondary evidence of citizenship is available. Third level evidence may be used only when primary evidence cannot be obtained within the State's reasonable opportunity period (see reasonable opportunity discussion below), secondary evidence does not exist or cannot be obtained, and the applicant or recipient alleges being born in the U.S. In addition, a second document establishing identity must be presented as described in paragraph (e), “Evidence of identity.” A State must accept any of the documents listed in paragraph
(c)as third level evidence of U.S. citizenship if the document meets the listed criteria, the applicant alleges birth in the U.S., and there is nothing indicating the person is not a U.S. citizen (for example, lost U.S. citizenship). Third level evidence is generally a non-government document established for a reason other than to establish U.S. citizenship and showing a U.S. place of birth. The place of birth on the non-government document and the application must agree. Fourth Level of Evidence of Citizenship Fourth level evidence of U.S. citizenship is documentary evidence of the lowest reliability. Fourth level evidence should only be used in the rarest of circumstances. This level of evidence is used only when primary evidence is not available, both secondary and third level evidence do not exist or cannot be obtained within the State's reasonable opportunity period, and the applicant alleges a U.S. place of birth. In addition, a second document establishing identity must be presented as described in paragraph (e), “Evidence of identity.” Available evidence is evidence that can be obtained within the State's reasonable opportunity period as discussed below. A State must accept any of the documents listed in paragraph
(d)as fourth level evidence of U.S. citizenship if the document meets the listed criteria, the applicant alleges U.S. citizenship, and there is nothing indicating the person is not a U.S. citizen (for example, lost U.S. citizenship). Fourth level evidence consists of documents established for a reason other than to establish U.S. citizenship and showing a U.S. place of birth. The U.S. place of birth on the document and the application must agree. The written affidavit described in this section may be used only when the State is unable to secure evidence of citizenship listed in any other groups. Affidavits should ONLY be used in rare circumstances. If the documentation requirement needs to be met through affidavits, the following rules apply: There must be at least two affidavits by individuals who have personal knowledge of the event(s) establishing the applicant's or recipient's claim of citizenship (the two affidavits could be combined in a joint affidavit). At least one of the individuals making the affidavit cannot be related to the applicant or recipient and cannot be the applicant or recipient. In order for the affidavit to be acceptable the persons making them must be able to provide proof of their own citizenship and identity. If the individual(s) making the affidavit has
(have)information which explains why documentary evidence establishing the applicant's claim or citizenship does not exist or cannot be readily obtained, the affidavit should contain this information as well. The State must obtain a separate affidavit from the applicant/recipient or other knowledgeable individual (guardian or representative) explaining why the evidence does not exist or cannot be obtained. The affidavits must be signed under penalty of perjury. We are adding a paragraph
(e)that consists of documents establishing identity. These are a mix of documents included in section 6036 of the DRA as evidence of identity, such as drivers' licenses and State identity cards. It also includes Native American Tribal enrollment documents, such as the Certificate of Degree of Indian Blood. These documents, when coupled with satisfactory documentary evidence of citizenship from lists
(b)through (d), will meet the statutory requirements of section 6036 of the DRA. We are adding a paragraph
(f)that describes special rules for individuals under the age of 16. Because children often do not have identification documents with photographs and a child's appearance changes significantly until adulthood, we permit parents or guardians to sign an affidavit as to the identity of the child. This affidavit does not establish citizenship and should not be confused with the affidavit permitted in rare situations to establish citizenship. We are also adding a new paragraph
(g)that describes rules for States to address special populations who need additional assistance. For example, if an individual is homeless, an amnesia victim, mentally impaired, or physically incapacitated and lacks someone who can act for the individual, and cannot provide evidence of U.S. citizenship or identity, the State must assist the applicant or recipient to document U.S. citizenship and identity. We are adding a paragraph
(h)that describes documentary evidence. We specify that the State can only review originals or copies certified by the issuing agency. Copies or notarized copies may not be accepted for submission. The State, however, must keep copies of documentation for its files. States must maintain copies in the case record or its data base. The copies maintained in the case file may be electronic records of matches, or other electronic methods of storing information. Moreover, we specify that individuals may submit documents by mail or other means without appearing in person to submit the documents. If, however, the documents submitted appear inconsistent with pre-existing information, are counterfeit or altered, States should investigate the matter for potential fraud and abuse. States are encouraged to utilize cross matches and other fraud prevention techniques to ensure identity is confirmed. We specify in paragraph
(i)that once a person's citizenship is documented and recorded in the individual's permanent case file, subsequent changes in eligibility should not ordinarily require repeating the documentation of citizenship unless later evidence raises a question of the person's citizenship, or there is a gap of more than 3 years between the individual's last period of eligibility and a subsequent application for Medicaid. We use a record retention period of 3 years throughout the Medicaid program as provided in 45 CFR 74.53. To require a longer retention period would be an unreasonable imposition on State resources. Lastly, in paragraph (j), we describe the reasonable opportunity to submit satisfactory documentary evidence of citizenship and identity. We specify that a reasonable opportunity must meet the competing goals of providing sufficient time for applicants or recipients to secure documentary evidence and the requirements placed on States to determine, or redetermine eligibility promptly. These goals derive from sections 1902(a)(19) and 1902(a)(8) of the Act respectively. For example, States may use the reasonable period they provide to all applicants and recipients claiming satisfactory immigration on the Declaration required by section 1137(d) of the Act. We also solicit comments and suggestions for additional documents that are a reliable form of evidence of citizenship or a reliable form of identity that have not been included in this regulation. Suggestions should include an explanation as to the reliability of such additional documents, including any limits on the document's reliability and methods for assuring reliability. We are also soliciting comments as to whether the number of documents accepted for proof of citizenship and identity should be limited. In particular, in light of the exception provided for citizens and nationals receiving SSI where receipt of SSI results in Medicaid eligibility, and for individuals entitled to or enrolled in Medicare, we are soliciting comments as to whether individuals would have difficulty proving citizenship and identity if only primary or secondary level documents were permitted. We are removing § 435.408 and § 436.408 because the immigration status described as permanently residing in the United States under color of law no longer has any effectiveness because of the enactment in 1996 of the Personal Responsibility and Work Opportunity Reconciliation Act which provides that “notwithstanding any other law” an alien who is not a qualified alien as defined in 42 U.S.C. 1641 is not eligible for any Federal public benefit. The Conference Report accompanying Public Law 104-193 declares on page 383, “Persons residing under color of law shall be considered to be aliens unlawfully present in the United States * * *” We are redesignating § 435.1008 through § 435.1011 as § 435.1009 through § 435.1012, respectively. We are redesignating § 436.1004 and § 436.1005 as § 436.1005 and § 436.1006, respectively. We are correcting cross references in title 42 to the redesignated sections. We are adding a reference in § 435.1002(a) to new § 435.1008 conditioning FFP on State compliance with the requirements of section 1903(x) of the Act and these regulations. We are adding a new § 435.1008 and a new § 436.1004 to provide that FFP will be available if the State complies with the requirements of section 1903(x) of the Act and § 435.407 and § 436.407 regarding obtaining satisfactory documentary evidence of citizenship from individuals who have declared, under section 1137(d) of the Act, that the individual is a citizen of the United States unless the individual is subject to a statutory exemption from this requirement. III. Collection of Information Requirements Under the Paperwork Reduction Act of 1995, we are required to provide 30-day notice in the **Federal Register** and solicit public comment when a collection of information requirement is submitted to the Office of Management and Budget
(OMB)for review and approval. In order to fairly evaluate whether an information collection should be approved by OMB, section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 requires that we solicit comment on the following issues: • The need for the information collection and its usefulness in carrying out the proper functions of our agency. • The accuracy of our estimate of the information collection burden. • The quality, utility, and clarity of the information to be collected. • Recommendations to minimize the information collection burden on the affected public, including automated collection techniques. We are soliciting public comment on each of these issues for the following sections of this document that contain information collection requirements (ICRs). Citizenship and Alienage (§ 435.406) Section 435.406 requires States to obtain a declaration signed under penalty of perjury from every applicant for Medicaid that the applicant is a citizen or national of the United States or an alien in a satisfactory immigration status, and require the individual to provide acceptable documentary evidence to verify the declaration. (§ 435.407 describes the types of acceptable documentary evidence of citizenship.) An individual should ordinarily be required to submit evidence of citizenship once unless the State receives evidence that evidence previously relied upon may be incorrect. States must maintain copies of that evidence in the case file or database. We estimate it would take an individual 10 minutes to acquire and provide to the State acceptable documentary evidence and to verify the declaration. We estimate it will take each State 5 minutes to obtain acceptable documentation, verify citizenship and maintain current records on each individual. Citizenship and Alienage (§ 436.406) Sections 436.406 and 436.407 apply to Guam, Puerto Rico, and the Virgin Islands and are the corresponding sections to the regulations at § 435.406 and § 435.407. An individual should ordinarily be required to submit evidence of citizenship once unless the State receives evidence that evidence previously relied upon may be incorrect. States must maintain copies of that evidence in the individual's case file. We estimate it would take an individual 10 minutes to acquire and provide to the State acceptable documentary evidence and to verify the declaration. We estimate it will take each State 5 minutes to obtain acceptable documentation, verify citizenship and maintain current records on each individual. We have submitted a copy of this interim final rule with comment period to OMB for its review of the information collection requirements. A notice will be published in the **Federal Register** when we receive approval. If you comment on any of these information collection and record keeping requirements, please mail copies directly to the following: Centers for Medicare and Medicaid Services, Office of Strategic Operations and Regulatory Affairs, Regulations Development Group, Attn: Melissa Musotto, CMS-2257-IFC, Room C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850; and Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503, Attn: Katherine T. Astrich, CMS Desk Officer, CMS-2257-IFC, katherine_T._astrich@omb.eop.gov. Fax
(202)395-6974. IV. Response to Comments Because of the large number of public comments we normally receive on **Federal Register** documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble, and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document. V. Waiver of Notice of Proposed Rulemaking and the 30-Day Delay in the Effective Date We ordinarily publish a notice of proposed rulemaking in the **Federal Register** and invite public comment on the proposed rule in accordance with the Administrative Procedure Act
(APA)as codified in 5 U.S.C. 553(b). The notice of proposed rulemaking includes a reference to the legal authority under which the rule is proposed, and the terms and substances of the proposed rule or a description of the subjects and issues involved. This procedure can be waived, however, if an agency finds good cause that a notice-and-comment procedure is impracticable, unnecessary, or contrary to the public interest and incorporates a statement of the finding and its reasons in the rule issued. The regulation is required as a result of the enactment of the DRA, section 6036. The statutory effective date is July 1, 2006. Section 1903(x)(3)(C)(v) of the Act allows for the Secretary to identify additional documentary evidence of citizenship beyond that contained in section 1903(x). States would not be required to accept such other forms of documentation beyond that contained in the law without regulation. Because delaying the implementation of this regulation to permit notice and comment could result in the most frail and vulnerable citizens, including the very elderly in nursing homes and the chronically mentally ill, being unable to demonstrate their citizenship and losing access to Medicaid, we find that good cause exists to waive this requirement. The attendant delay would be contrary to public interest. Publication of an interim final rule with comment period will provide States with the strongest legal basis for accepting alternative forms of documentary evidence showing that a Medicaid applicant or recipient is a citizen of the United States. In addition, we ordinarily provide a 30-day delay in the effective date of the provisions of an interim final rule with comment period. The APA as codified in *5 U.S.C. 553(d)* ordinarily requires a 30-day delay in the effective date of final rules after the date of their publication in the **Federal Register** . This 30-day delay in effective date can be waived, however, if an agency finds for good cause that the delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the finding and its reasons in the rule issued. The impending statutory implementation date of July 1, 2006 prevents timely publication of guidance to permit documents in addition to those listed in section 1903(x) of the Act as added by section 6036 the Deficit Reduction Act of 2005 (Pub. L. 109-171) to be used when any of the statutory documents is not available. It is necessary for the Secretary to identify additional documentary evidence of citizenship beyond that contained in section 6036 in order to prevent Medicaid eligible citizens lacking the documents identified in statute from being terminated. Without prompt publication of a rule and without a July 1, 2006 implementation date, States will not have authority to employ additional documentary evidence beyond that contained in the law. Such additional documentary evidence that the Secretary is authorized to permit States to use is necessary to prevent loss of Medicaid eligibility when a Medicaid eligible individual lacks one of the documents listed in statute. Because delaying the effective date of this regulation by 30 days could result in the most frail and vulnerable citizens, including the very elderly in nursing homes and the chronically mentally ill, being unable to demonstrate their citizenship and losing access to Medicaid, we find that good cause exists to waive this requirement. The attendant delay would be contrary to public interest. VI. Regulatory Impact Statement [If you choose to comment on issues in this section, please include the caption “Regulatory Impact Statement” at the beginning of your comments.] We have examined the impact of this rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review), the Regulatory Flexibility Act
(RFA)(September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), and Executive Order 13132. Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis
(RIA)must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). It is assumed that Medicaid enrollees who are citizens would eventually provide proof of that fact, and that the savings would come from those who are truly in the country illegally. Consequently, the level of Federal savings from this provision is expected to be under $70 million, and State savings under $50 million, per year over the next 5 years. Therefore, this rule does not reach the economic threshold and thus is not considered a major rule. The RFA requires agencies to analyze options for regulatory relief of small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Most hospitals and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of $6 million to $29 million in any 1 year. Individuals and States are not included in the definition of a small entity. We are not preparing an analysis for the RFA because we have determined that this rule will not have a significant economic impact on a substantial number of small entities. In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Core-Based Statistical Area and has fewer than 100 beds. We are not preparing an analysis for section 1102(b) of the Act because we have determined that this rule will not have a significant impact on the operations of a substantial number of small rural hospitals. Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. That threshold level is currently approximately $120 million. This rule will have no consequential effect on State, local, or tribal governments or on the private sector. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has federalism implications. Although each State is responsible for establishing its own procedures for reviewing the documentation, several States have already been reviewing these documents. For these States, there will be little or no added burden. There will also be no additional burden for the millions of individuals enrolled in Medicare who would be exempt. In addition, for States that provide Medicaid eligibility for all SSI recipients, there will be no additional burden. For the other States, if they verify citizenship and identity of individuals receiving SSI through the existing data match with SSA, we anticipate little or no added burden with respect to those individuals. In the future, when additional data matches are available the burden would continue to be minimized for other groups of Medicaid eligible individuals. Finally, with respect to those States that elect to review documents through the routine eligibility and redetermination process, we recognize there will be some increased burden on eligibility workers. However, the Medicaid eligibility and redetermination process is ordinarily conducted by skilled interviewers who are trained and skilled in the review of documents related to income and identification; therefore, we do not anticipate that these added requirements will overburden the eligibility process. In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget. List of Subjects 42 CFR Part 435 Aid to Families with Dependent Children, Grant programs-health, Medicaid, Reporting and recordkeeping requirements, Supplemental Security Income (SSI), Wages. 42 CFR Part 436 Aid to Families with Dependent Children, Grant programs-health, Guam, Medicaid, Puerto Rico, Virgin Islands. 42 CFR Part 440 Grant programs-health, Medicaid. 42 CFR Part 441 Aged, Family planning, Grant programs-health, Infants and children, Medicaid, Penalties, Reporting and recordkeeping requirement. 42 CFR Part 457 Administrative practice and procedure, Grant programs-health, Health insurance, Reporting and recordkeeping requirements. 42 CFR Part 483 Grant programs-health, Health facilities, Health professions, Health records, Medicaid, Medicare, Nursing homes, Nutrition, Reporting and recordkeeping requirements, Safety. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 42 CFR chapter IV as set forth below: PART 435—ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA 1. The authority citation for part 435 continues to read as follows: Authority: Section 1102 of the Social Security Act (42 U.S.C. 1302). 2. In § 435.403, in paragraph (b), “§ 435.1009 of this chapter” is revised to read § 435.1010.” 3. Section 435.406 is amended by— A. Revising paragraph (a)(1). B. Revising paragraph (a)(2). C. Removing paragraphs (a)(3) and (a)(4). D. Removing paragraph (b). E. Redesignating paragraph
(c)as paragraph (b). F. Removing paragraph (d). The revisions read as follows: § 435.406 Citizenship and alienage.
(a)* * *
(1)Citizens:
(i)Under a declaration required by section 1137(d) of the Act that the individual is a citizen or national of the United States; and
(ii)The individual has provided satisfactory documentary evidence of citizenship or national status, as described in § 435.407.
(iii)An individual for purposes of the citizenship requirement is a Medicaid applicant or recipient or an individual receiving any services under a section 1115 demonstration for which States receive Federal financial participation in their expenditures as though they were medical assistance, for example, family planning demonstrations or Medicaid demonstrations.
(iv)Individuals must declare their citizenship and the State must document the individual's citizenship in the individual's eligibility file on initial applications and initial redeterminations effective July 1, 2006.
(2)Qualified aliens as described in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) who have provided satisfactory documentary evidence of Qualified Alien status, which status has been verified with the Department of Homeland Security
(DHS)under a declaration required by section 1137(d) of the Act that the applicant or recipient is an alien in a satisfactory immigration status. 4. A new § 435.407 is added to read as follows: § 435.407 Types of acceptable documentary evidence of citizenship.
(a)*Primary evidence of citizenship and identity* . The following evidence must be accepted as satisfactory documentary evidence of both identity and citizenship:
(1)*A U.S. passport* . The Department of State issues this. A U.S. passport does not have to be currently valid to be accepted as evidence of U.S. citizenship, as long as it was originally issued without limitation. **Note:** Spouses and children were sometimes included on one passport through 1980. U.S. passports issued after 1980 show only one person. Consequently, the citizenship and identity of the included person can be established when one of these passports is presented. Exception: Do not accept any passport as evidence of U.S. citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity.
(2)*A Certificate of Naturalization (DHS Forms N-550 or N-570.)* Department of Homeland Security issues for naturalization.
(3)*A Certificate of U.S. Citizenship (DHS Forms N-560 or N-561.)* Department of Homeland Security issues certificates of citizenship to individuals who derive citizenship through a parent.
(4)A valid State-issued driver's license, but only if the State issuing the license requires proof of U.S. citizenship before issuance of such license or obtains a social security number from the applicant and verifies before certification that such number is valid and assigned to the applicant who is a citizen. (This provision is not effective until such time as a State makes providing evidence of citizenship a condition of issuing a driver's license and evidence that the license holder is a citizen is included on the license or in a system of records available to the Medicaid agency. The State must ensure that the process complies with this statutory provision in section 6036 of the Deficit Reduction Act of 2005. CMS will monitor compliance of States implementing this provision.); or
(5)At the State's option, for States which do not provide Medicaid to individuals by virtue of their receiving SSI, a State match with the State Data Exchange for Supplementary Security Income recipients. The statute gives the Secretary authority to establish other acceptable forms of citizenship documentation. SSA documents citizenship and identity for SSI applicants and recipients and includes such information in the database provided to the States.
(b)*Secondary evidence of citizenship.* If primary evidence from the list in paragraph
(a)of this section is unavailable, an applicant or recipient should provide satisfactory documentary evidence of citizenship from the list specified in this section to establish citizenship and satisfactory documentary evidence from paragraph
(e)of this section to establish identity, in accordance with the rules specified in this section.
(1)* A U.S. public birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam (on or after April 10, 1899), the Virgin Islands of the U.S. (on or after January 17, 1917), American Samoa, Swain's Island, or the Northern Mariana Islands (after November 4, 1986 (NMI local time)). * A State, at its option, may use a cross match with a State vital statistics agency to document a birth record. The birth record document may be issued by the State, Commonwealth, Territory or local jurisdiction. It must have been issued before the person was 5 years of age. An amended birth record document that is amended after 5 years of age is considered fourth level evidence of citizenship. **Note:** If the document shows the individual was born in Puerto Rico, Guam, the Virgin Islands of the U.S., or the Northern Mariana Islands before these areas became part of the U.S., the individual may be a collectively naturalized citizen. Collective naturalization occurred on the dates listed for each of the Territories. The following will establish U.S. citizenship for collectively naturalized individuals:
(i)*Puerto Rico* :
(A)Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that he or she was residing in the U.S., a U.S. possession or Puerto Rico on January 13, 1941; or
(B)Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain.
(ii)*U.S. Virgin Islands* :
(A)Evidence of birth in the U.S. Virgin Islands, and the applicant's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927; or
(B)The applicant's statement indicating resident in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927, and that he or she did not make a declaration to maintain Danish citizenship; or
(C)Evidence of birth in the U.S. Virgin Islands and the applicant's statement indicating residence in the U.S., a U.S. possession or Territory or the Canal Zone on June 28, 1932.
(iii)*Northern Mariana Islands
(NMI)(formerly part of the Trust Territory of the Pacific Islands (TTPI)):*
(A)Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. Territory or possession on November 3, 1986 (NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or
(B)Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or
(C)Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).
(D)**Note:** If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen.
(2)*A Certification of Report of Birth (DS-1350).* The Department of State issues a DS-1350 to U.S. citizens in the U.S. who were born outside the U.S. and acquired U.S. citizenship at birth, based on the information shown on the FS-240. When the birth was recorded as a Consular Report of Birth (FS-240), certified copies of the Certification of Report of Birth Abroad (DS-1350) can be issued by the Department of State in Washington, DC. The DS-1350 contains the same information as that on the current version of Consular Report of Birth FS-240. The DS-1350 is not issued outside the U.S.
(3)*A Report of Birth Abroad of a U.S. Citizen (Form FS-240).* The Department of State consular office prepares and issues this. A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Children born outside the U.S. to U.S. military personnel usually have one of these.
(4)*A Certification of birth issued by the Department of State (Form FS-545 or DS-1350).* Before November 1, 1990, Department of State consulates also issued Form FS-545 along with the prior version of the FS-240. In 1990, U.S. consulates ceased to issue Form FS-545. Treat an FS-545 the same as the DS-1350.
(5)*A U.S. Citizen I.D. card.* (This form was issued as Form I-197 until the 1980's by INS. Although no longer issued, holders of this document may still use it consistent with the provisions of section 1903(x) of the Act. Note that section 1903(x) of the Act incorrectly refers to the same document as an I-97.) INS issued the I-179 from 1960 until 1973. It revised the form and renumbered it as Form I-197. INS issued the I-197 from 1973 until April 7, 1983. INS issued Form I-179 and I-197 to naturalized U.S. citizens living near the Canadian or Mexican border who needed it for frequent border crossings. Although neither form is currently issued, either form that was previously issued is still valid.
(6)*A Northern Mariana Identification Card (I-873).* (Issued by the DHS to a collectively naturalized citizen of the United States who was born in the Northern Mariana Islands before November 4, 1986.) The former Immigration and Naturalization Service
(INS)issued the I-873 to a collectively naturalized citizen of the U.S. who was born in the NMI before November 4, 1986. The card is no longer issued, but those previously issued are still valid.
(7)*An American Indian Card (I-872) issued by the Department of Homeland Security with the classification code “KIC.”* (Issued by DHS to identify U.S. citizen members of the Texas Band of Kickapoos living near the United States/Mexican border.) DHS issues this card to identify a member of the Texas Band of Kickapoos living near the U.S./Mexican border. A classification code “KIC” and a statement on the back denote U.S. citizenship.
(8)*A final adoption decree showing the child's name and U.S. place of birth.* The adoption decree must show the child's name and U.S. place of birth. In situations where an adoption is not finalized and the State in which the child was born will not release a birth certificate prior to final adoption, a statement from a State approved adoption agency that shows the child's name and U.S. place of birth is acceptable. The adoption agency must state in the certification that the source of the place of birth information is an original birth certificate.
(9)*Evidence of U.S. Civil Service employment before June 1, 1976.* The document must show employment by the U.S. government before June 1, 1976. Individuals employed by the U.S. Civil Service prior to June 1, 1976 had to be U.S. citizens.
(10)*U.S. Military Record showing a U.S. place of birth.* The document must show a U.S. place of birth (for example a DD-214 or similar official document showing a U.S. place of birth.)
(c)*Third level evidence of citizenship* . Third level evidence of U.S. citizenship is documentary evidence of satisfactory reliability that is used when neither primary nor secondary evidence is available. Third level evidence may be used only when primary evidence cannot be obtained within the State's reasonable opportunity period, secondary evidence does not exist or cannot be obtained, and the applicant or recipient alleges being born in the U.S. A second document from paragraph
(e)of this section to establish identity must also be presented:
(1)* Extract of a hospital record on hospital letterhead established at the time of the person's birth that was created 5 years before the initial application date and that indicates a U.S. place of birth. * (For children under 16 the document must have been created near the time of birth or 5 years before the date of application.) Do not accept a souvenir “birth certificate” issued by the hospital. Note: For children under 16 the document must have been created near the time of birth or 5 years before the date of application.
(2)*Life, health, or other insurance record showing a U.S. place of birth that was created at least 5 years before the initial application date and that indicates a U.S. place of birth.* Life or health insurance records may show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth.
(d)*Fourth level evidence of citizenship* . Fourth level evidence of citizenship is documentary evidence of the lowest reliability. Fourth level evidence should only be used in the rarest of circumstances. This level of evidence is used only when primary evidence is unavailable, both secondary and third level evidence do not exist or cannot be obtained within the State's reasonable opportunity period, and the applicant alleges a U.S. place of birth. In addition, a second document establishing identity must be presented as described in paragraph
(e)of this section.
(1)*Federal or State census record showing U.S. citizenship or a U.S. place of birth.* (Generally for persons born 1900 through 1950.) The census record must also show the applicant's age. **Note:** Census records from 1900 through 1950 contain certain citizenship information. To secure this information the applicant, recipient or State should complete a Form BC-600, Application for Search of Census Records for Proof of Age. Add in the remarks portion “U.S. citizenship data requested.” Also add that the purpose is for Medicaid eligibility. This form requires a fee.
(2)*One of the following documents that show a U.S. place of birth and was created at least 5 years before the application for Medicaid.* This document must be one of the following and show a U.S. place of birth:
(i)Seneca Indian tribal census record.
(ii)Bureau of Indian Affairs tribal census records of the Navajo Indians.
(iii)U.S. State Vital Statistics official notification of birth registration.
(iv)An amended U.S. public birth record that is amended more than 5 years after the person's birth.
(v)Statement signed by the physician or midwife who was in attendance at the time of birth.
(3)*Institutional admission papers from a nursing facility, skilled care facility or other institution.* Admission papers generally show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth.
(4)*Medical (clinic, doctor, or hospital) record created at least 5 years before the initial application date that indicates a U.S. place of birth.* (For children under 16 the document must have been created near the time of birth or 5 years before the date of application.) Medical records generally show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth. **Note:** An immunization record is not considered a medical record for purposes of establishing U.S. citizenship. **Note:** For children under 16 the document must have been created near the time of birth or 5 years before the date of application.
(5)*Written affidavit* . Affidavits should ONLY be used in rare circumstances. If the documentation requirement needs to be met through affidavits, the following rules apply:
(i)There must be at least two affidavits by two individuals who have personal knowledge of the event(s) establishing the applicant's or recipient's claim of citizenship (the two affidavits could be combined in a joint affidavit).
(ii)At least one of the individuals making the affidavit cannot be related to the applicant or recipient. Neither of the two individuals can be the applicant or recipient.
(iii)In order for the affidavit to be acceptable the persons making them must be able to provide proof of their own citizenship and identity.
(iv)If the individual(s) making the affidavit has
(have)information which explains why documentary evidence establishing the applicant's claim or citizenship does not exist or cannot be readily obtained, the affidavit should contain this information as well.
(v)The State must obtain a separate affidavit from the applicant/recipient or other knowledgeable individual (guardian or representative) explaining why the evidence does not exist or cannot be obtained.
(vi)The affidavits must be signed under penalty of perjury.
(e)*Evidence of identity.* The following documents may be accepted as proof of identity and must accompany a document establishing citizenship from the groups of documentary evidence of citizenship in the groups in paragraphs
(b)through
(d)of this section.
(1)A driver's license issued by a State or Territory either with a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color.
(2)School identification card with a photograph of the individual.
(3)U.S. military card or draft record.
(4)Identification card issued by the Federal, State, or local government with the same information included on driver's licenses.
(5)Military dependent's identification card.
(6)Native American Tribal document.
(7)U.S. Coast Guard Merchant Mariner card.
(8)Identity documents described in 8 CFR 274a.2(b)(1)(v)(B)(1).
(i)Driver's license issued by State or Territory either with a photograph of the individual or other identifying information of the individual such as name, age, sex, race, height, weight or eye color.
(ii)School identification card with a photograph of the individual.
(iii)U.S. military card or draft record.
(iv)Identification card issued by the Federal, State, or local government with the same information included on driver's licenses.
(v)Military dependent's identification card.
(vi)Native American Tribal document.
(vii)U.S. Coast Guard Merchant Mariner card. **Note to paragraph (e)(8):** Exception: Do not accept a voter's registration card or Canadian driver's license as listed in 8 CFR 274a.2(b)(1)(v)(B)(1). CMS does not view these as reliable for identity.
(9)Certificate of Degree of Indian Blood, or other U.S. American Indian/Alaska Native Tribal document with a photograph or other personal identifying information relating to the individual. Acceptable if the document carries a photograph of the applicant or recipient, or has other personal identifying information relating to the individual.
(10)At State option, a State may use a cross match with a Federal or State governmental, public assistance, law enforcement or corrections agency's data system to establish identity if the agency establishes and certifies true identity of individuals. Such agencies may include food stamps, child support, corrections, including juvenile detention, motor vehicle, or child protective services. The State Medicaid Agency is still responsible for assuring the accuracy of the identity determination.
(f)*Special identity rules for children.* For children under 16, school records may include nursery or daycare records. If none of the above documents in the preceding groups are available, an affidavit may be used. An affidavit is only acceptable if it is signed under penalty of perjury by a parent or guardian stating the date and place of the birth of the child and cannot be used if an affidavit for citizenship was provided.
(g)*Special populations needing assistance.* States must assist individuals to secure satisfactory documentary evidence of citizenship when because of incapacity of mind or body the individual would be unable to comply with the requirement to present satisfactory documentary evidence of citizenship in a timely manner and the individual lacks a representative to assist him or her.
(h)*Documentary evidence.*
(1)All documents must be either originals or copies certified by the issuing agency. Copies or notarized copies may not be accepted.
(2)States must maintain copies of citizenship and identification documents in the case record or electronic data base and make these copies available for compliance audits.
(3)States may permit applicants and recipients to submit such documentary evidence without appearing in person at a Medicaid office. States may accept original documents in person, by mail, or by a guardian or authorized representative.
(4)If documents are determined to be inconsistent with pre-existing information, are counterfeit, or altered, States should investigate for potential fraud and abuse, including but not limited to, referral to the appropriate State and Federal law enforcement agencies.
(5)Presentation of documentary evidence of citizenship is a one time activity; once a person's citizenship is documented and recorded in a State database subsequent changes in eligibility should not require repeating the documentation of citizenship unless later evidence raises a question of the person's citizenship. The State need only check its databases to verify that the individual already established citizenship.
(6)CMS requires that as a check against fraud, using currently available automated capabilities, States will conduct a match of the applicant's name against the corresponding Social Security number that was provided. In addition, in cooperation with other agencies of the Federal government, CMS encourages States to use automated capabilities to verify citizenship and identity of Medicaid applicants. Automated capabilities may fall within the computer matching provisions of the Privacy Act of 1974, and CMS will explore any implementation issues that may arise with respect to those requirements. When these capabilities become available, States will be required to match files for individuals who used third or fourth tier documents to verify citizenship and documents to verify identity, and CMS will make available to States necessary information in this regard. States must ensure that all case records within this category will be so identified and made available to conduct these automated matches. CMS may also require States to match files for individuals who used first or second level documents to verify citizenship as well. CMS may provide further guidance to States with respect to actions required in a case of a negative match.
(i)*Record retention.* The State must retain documents in accordance with 45 CFR 74.53.
(j)*Reasonable opportunity to present satisfactory documentary evidence of citizenship.* States must give an applicant or recipient a reasonable opportunity to submit satisfactory documentary evidence of citizenship before taking action affecting the individual's eligibility for Medicaid. The time States give for submitting documentation of citizenship should be consistent with the time allowed to submit documentation to establish other facets of eligibility for which documentation is requested. ( *See* § 435.930 and § 435.911.) § 435.408 [Removed] 5. Section 435.408 is removed. 6. Section 435.1002 is amended by revising paragraph
(a)to read as follows: § 435.1002 FFP for services.
(a)Except for the limitations and conditions specified in § 435.1007, §35.1008, § 435.1009, and § 438.814 of this chapter, FFP is available in expenditures for Medicaid services for all recipients whose coverage is required or allowed under this part. § 435.1008-§ 435.1011 [Redesignated] 7. Sections 435.1008 through 435.1011 are redesignated as § 435.1009 through § 435.1012, respectively. Newly redesignated § 435.1011 and § 435.1012 are under the undesignated heading “Requirements for State Supplements.” 8. A new § 435.1008 is added to read as follows: § 435.1008 FFP in expenditures for medical assistance for individuals who have declared United States citizenship or nationality under section 1137(d) of the Act and with respect to whom the State has not documented citizenship and identity. FFP will not be available to a State with respect to expenditures for medical assistance furnished to individuals unless the State has obtained satisfactory documentary evidence of citizenship or national status, as described in § 435.407 that complies with the requirements of section 1903(x) of the Act. This requirement does not apply with respect to individuals declaring themselves to be citizens or nationals who are eligible for medical assistance and who are either entitled to benefits or enrolled in any parts of the Medicare program under title XVIII of the Social Security Act, or on the basis of receiving supplemental security income benefits under title XVI of the Act. 9. In newly redesignated § 435.1009, in paragraph (a)(1), “§ 435.1009” is revised to read “§ 435.1010.” PART 436—ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS 10. The authority citation for part 436 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). § 436.406 [Amended] 11. In § 436.403, paragraph (b), “§ 435.1009 of this chapter” is revised to read “§ 435.1010 of this chapter.” 12. Section 436.406 is amended by— A. Revising paragraph (a)(1). B. Revising paragraph (a)(2). C. Removing paragraphs (a)(3) and (a)(4). D. Removing paragraph (b). E. Redesignating paragraph
(c)as paragraph (b). F. Removing paragraph (d). The revisions read as follows: § 436.406 Citizenship and alienage.
(a)* * *
(1)Citizens:
(i)Under a declaration required by section 1137(d) of the Act that the individual is a citizen or national of the United States; and
(ii)The individual has provided satisfactory documentary evidence of citizenship or national status, as described in § 435.407.
(iii)An individual for purposes of the citizenship requirement is a Medicaid applicant or recipient or an individual receiving any services under a section 1115 demonstration for which States receive Federal financial participation in their expenditures as though they were medical assistance, for example, family planning demonstrations or Medicaid demonstrations.
(iv)Individuals must declare their citizenship and the State must document an individual's eligibility file on initial applications and initial redeterminations effective July 1, 2006.
(2)Qualified aliens as described in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) who have provided satisfactory documentary evidence of Qualified Alien status, which status has been verified with the Department of Homeland Security
(DHS)under a declaration required by section 1137(d) of the Act that the applicant or recipient is an alien in a satisfactory immigration status. 13. A new § 436.407 is added to read as follows: § 436.407 Types of acceptable documentary evidence of citizenship.
(a)*Primary evidence of citizenship and identity.* The following evidence must be accepted as satisfactory documentary evidence of both identity and citizenship:
(1)*A U.S. passport.* The Department of State issues this. A U.S. passport does not have to be currently valid to be accepted as evidence of U.S. citizenship, as long as it was originally issued without limitation. **Note:** Spouses and children were sometimes included on one passport through 1980. U.S. passports issued after 1980 show only one person. Consequently, the citizenship and identity of the included person can be established when one of these passports is presented. Exception: Do not accept any passport as evidence of U.S. citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity.
(2)*A Certificate of Naturalization (DHS Forms N-550 or N-570.)* Department of Homeland Security issues for naturalization.
(3)*A Certificate of U.S. Citizenship (DHS Forms N-560 or N-561.)* Department of Homeland Security issues certificates of citizenship to individuals who derive citizenship through a parent.
(4)A valid State-issued driver's license, but only if the State issuing the license requires proof of U.S. citizenship before issuance of such license or obtains a social security number from the applicant and verifies before certification that such number is valid and assigned to the applicant who is a citizen. (This provision is not effective until such time as a State makes providing evidence of citizenship a condition of issuing a driver's license and evidence that the license holder is a citizen is included on the license or in a system of records available to the Medicaid agency. States must ensure that the process complies with this statutory provision in section 6036 of the Deficit Reduction Act of 2005. CMS will monitor compliance of States implementing this provision.); or
(b)*Secondary evidence of citizenship.* If primary evidence from the list in paragraph
(a)of this section is unavailable, an applicant or recipient should provide satisfactory documentary evidence of citizenship from the list specified in this section to establish citizenship and satisfactory documentary evidence from paragraph
(e)of this section to establish identity, in accordance with the rules specified in this section.
(1)* A U.S. public birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam (on or after April 10, 1899), the Virgin Islands of the U.S. (on or after January 17, 1917), American Samoa, Swain's Island, or the Northern Mariana Islands (after November 4, 1986 (NMI local time)).* A State, at its option, may use a cross match with a State vital statistics agency to document a birth record. The birth record document may be issued by the State, Commonwealth, Territory or local jurisdiction. It must have been issued before the person was 5 years of age. An amended birth record document that is amended after 5 years of age is considered fourth level evidence of citizenship. **Note:** If the document shows the individual was born in Puerto Rico, the Virgin Islands of the U.S., or the Northern Mariana Islands before these areas became part of the U.S., the individual may be a collectively naturalized citizen. Collective naturalization occurred on certain dates listed for each of the territories. The following will establish U.S. citizenship for collectively naturalized individuals:
(i)*Puerto Rico:*
(A)Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that he or she was residing in the U.S., a U.S. possession or Puerto Rico on January 13, 1941; or
(B)Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain.
(ii)*U.S. Virgin Islands:*
(A)Evidence of birth in the U.S. Virgin Islands, and the applicant's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927; or
(B)The applicant's statement indicating resident in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927, and that he or she did not make a declaration to maintain Danish citizenship; or
(C)Evidence of birth in the U.S. Virgin Islands and the applicant's statement indicating residence in the U.S., a U.S. possession or Territory or the Canal Zone on June 28, 1932.
(iii)*Northern Mariana Islands
(NMI)(formerly part of the Trust Territory of the Pacific Islands (TTPI)):*
(A)Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. Territory or possession on November 3, 1986 NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or
(B)Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or
(C)Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).
(D)**Note:** If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen.
(2)*A Certification of Report of Birth (DS-1350).* The Department of State issues a DS-1350 to U.S. citizens in the U.S. who were born outside the U.S. and acquired U.S. citizenship at birth, based on the information shown on the FS-240. When the birth was recorded as a Consular Report of Birth (FS-240), certified copies of the Certification of Report of Birth Abroad (DS-1350) can be issued by the Department of State in Washington, DC. The DS-1350 contains the same information as that on the current version of Consular Report of Birth FS-240. The DS-1350 is not issued outside the U.S.
(3)*A Report of Birth Abroad of a U.S. Citizen (Form FS-240).* The Department of State consular office prepares and issues this. A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Children born outside the U.S. to U.S. military personnel usually have one of these.
(4)*A Certification of birth issued by the Department of State (Form FS-545 or DS-1350).* Before November 1, 1990, Department of State consulates also issued Form FS-545 along with the prior version of the FS-240. In 1990, U.S. consulates ceased to issue Form FS-545. Treat an FS-545 the same as the DS-1350.
(5)*A U.S. Citizen I.D. card.* (This form was issued as Form I-197 until the 1980's by INS. Although no longer issued, holders of this document may still use it consistent with the provisions of section 1903(x) of the Act. Note that section 1903(x) of the Act incorrectly refers to the same document as an I-97.) INS issued the I-179 from 1960 until 1973. It revised the form and renumbered it as Form I-197. INS issued the I-197 from 1973 until April 7, 1983. INS issued Form I-179 and I-197 to naturalized U.S. citizens living near the Canadian or Mexican border who needed it for frequent border crossings. Although neither form is currently issued, either form that was previously issued is still valid.
(6)*A Northern Mariana Identification Card* (I-873). (Issued by the DHS to a collectively naturalized citizen of the United States who was born in the Northern Mariana Islands before November 4, 1986.) The former Immigration and Naturalization Service
(INS)issued the I-873 to a collectively naturalized citizen of the U.S. who was born in the NMI before November 4, 1986. The card is no longer issued, but those previously issued are still valid.
(7)*An American Indian Card (I-872) issued by the Department of Homeland Security with the classification code “KIC.”* (Issued by DHS to identify U.S. citizen members of the Texas Band of Kickapoos living near the United States/Mexican border.) DHS issues this card to identify a member of the Texas Band of Kickapoos living near the U.S./Mexican border. A classification code “KIC” and a statement on the back denote U.S. citizenship
(8)*A final adoption decree showing the child's name and U.S. place of birth.* The adoption decree must show the child's name and U.S. place of birth. In situations where an adoption is not finalized and the State in which the child was born will not release a birth certificate prior to final adoption, a statement from a State approved adoption agency that shows the child's name and U.S. place of birth is acceptable. The adoption agency must state in the certification that the source of the place of birth information is an original birth certificate. *(9) Evidence of U.S. Civil Service employment before June 1, 1976.* The document must show employment by the U.S. government before June 1, 1976. Individuals employed by the U.S. Civil Service prior to June 1, 1976 had to be U.S. citizens. *(10) U.S. Military Record showing a U.S. place of birth.* T he document must show a U.S. place of birth (for example a DD-214 or similar official document showing a U.S. place of birth.)
(c)*Third level evidence of citizenship.* Third level evidence of U.S. citizenship is documentary evidence of satisfactory reliability that is used when neither primary nor secondary evidence is available. Third level evidence may be used only when primary evidence cannot be obtained within the State's reasonable opportunity period, secondary evidence does not exist or cannot be obtained, and the applicant or recipient alleges being born in the U.S. A second document from paragraph
(e)of this section to establish identity must also be presented:
(1)*Extract of a hospital record on hospital letterhead established at the time of the person's birth that was created 5 years before the initial application date and that indicates a U.S. place of birth.* (For children under 16 the document must have been created near the time of birth or 5 years before the date of application.) Do not accept a souvenir “birth certificate” issued by the hospital. **Note:** For children under 16 the document must have been created near the time of birth or 5 years before the date of application.
(2)*Life, health, or other insurance record showing a U.S. place of birth that was created at least 5 years before the initial application date that indicates a U.S. place of birth.* Life or health insurance records may show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth.
(d)*Fourth level evidence of citizenship.* Fourth level evidence of citizenship is documentary evidence of the lowest reliability. Fourth level evidence should only be used in the rarest of circumstances. This level of evidence is used only when primary evidence is unavailable, both secondary and third level evidence do not exist or cannot be obtained within the State's reasonable opportunity period, and the applicant alleges a U.S. place of birth. In addition, a second document establishing identity must be presented as described in paragraph
(e)of this section.
(1)*Federal or State census record showing U.S. citizenship or a U.S. place of birth.* (Generally for persons born 1900 through 1950.) The census record must also show the applicant's age. **Note:** Census records from 1900 through 1950 contain certain citizenship information. To secure this information the applicant, recipient or State should complete a Form BC-600, Application for Search of Census Records for Proof of Age. Add in the remarks portion “U.S. citizenship data requested.” Also add that the purpose is for Medicaid eligibility. This form requires a fee.
(2)*One of the following documents that show a U.S. place of birth and was created at least 5 years before the application for Medicaid.* This document must be one of the following and show a U.S. place of birth:
(i)Seneca Indian tribal census.
(ii)Bureau of Indian Affairs tribal census records of the Navajo Indians.
(iii)U.S. State Vital Statistics official notification of birth registration.
(iv)An amended U.S. public birth record that is amended more than 5 years after the person's birth
(v)Statement signed by the physician or midwife who was in attendance at the time of birth.
(3)*Institutional admission papers from a nursing facility, skilled care facility or other institution.* Admission papers generally show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth.
(4)*Medical (clinic, doctor, or hospital) record created at least 5 years before the initial application date that indicates a U.S. place of birth.* (For children under 16 the document must have been created near the time of birth or 5 years before the date of application.) Medical records generally show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth. **Note:** An immunization record is not considered a medical record for purposes of establishing U.S. citizenship. **Note:** For children under 16 the document must have been created near the time of birth or 5 years.
(5)*Written affidavit. Affidavits should ONLY be used in rare circumstances.* If the documentation requirement needs to be met through affidavits, the following rules apply:
(i)There must be at least two affidavits by two individuals who have personal knowledge of the event(s) establishing the applicant's or recipient's claim of citizenship (the two affidavits could be combined in a joint affidavit).
(ii)At least one of the individuals making the affidavit cannot be related to the applicant or recipient. Neither of the two individuals can be the applicant or recipient.
(iii)In order for the affidavit to be acceptable the persons making them must be able to provide proof of their own citizenship and identity.
(iv)If the individual(s) making the affidavit has
(have)information which explains why documentary evidence establishing the applicant's claim or citizenship does not exist or cannot be readily obtained, the affidavit should contain this information as well.
(v)The State must obtain a separate affidavit from the applicant/recipient or other knowledgeable individual (guardian or representative) explaining why the evidence does not exist or cannot be obtained.
(vi)The affidavits must be signed under penalty of perjury.
(e)*Evidence of identity.* The following documents may be accepted as proof of identity and must accompany a document establishing citizenship from the groups of documentary evidence of citizenship in the groups in paragraphs
(b)through
(d)of this section.
(1)*A driver's license issued by a State or Territory either with a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color.*
(2)*School identification card with a photograph of the individual.*
(3)*U.S. military card or draft record.*
(4)*Identification card issued by the Federal, State, or local government with the same information included on driver's licenses.*
(5)*Military dependent's identification card.*
(6)*Native American Tribal document.*
(7)*U.S. Coast Guard Merchant Mariner card.*
(8)*Identity documents described in 8 CFR 274a.2(b)(1)(v)(B)(1).*
(i)Driver's license issued by State or Territory either with a photograph of the individual or other identifying information of the individual such as name, age, sex, race, height, weight or eye color.
(ii)School identification card with a photograph of the individual.
(iii)U.S. military card or draft record.
(iv)Identification card issued by the Federal, State, or local government with the same information included on driver's licenses.
(v)Military dependent's identification card.
(vi)Native American Tribal document.
(vii)U.S. Coast Guard Merchant Mariner card. **Note to paragraph (e)(8):** Exception: Do not accept a voter's registration card or Canadian driver's license as listed in 8 CFR 274a.2(b)(1)(v)(B)(1). CMS does not view these as reliable for identity.
(9)*Certificate of Degree of Indian Blood, or other U.S. American Indian/Alaska Native Tribal document with a photograph or other personal identifying information relating to the individual.* Acceptable if the document carries a photograph of the applicant or recipient, or has other personal identifying information relating to the individual.
(10)At State option, a State may use a cross match with a Federal or State governmental, public assistance, law enforcement or corrections agency's data system to establish identity if the agency establishes and certifies true identity of individuals. Such agencies may include food stamps, child support, corrections, including juvenile detention, motor vehicle, or child protective services. The State Medicaid Agency is still responsible for assuring the accuracy of the identity determination.
(f)*Special identity rules for children.* For children under 16, school records may include nursery or daycare records. If none of the above documents in the preceding groups are available, an affidavit may be used. An affidavit is only acceptable if it is signed under penalty of perjury by a parent or guardian stating the date and place of the birth of the child and cannot be used if an affidavit for citizenship was provided.
(g)*Special populations needing assistance.* States must assist individuals to secure satisfactory documentary evidence of citizenship when because of incapacity of mind or body the individual would be unable to comply with the requirement to present satisfactory documentary evidence of citizenship in a timely manner and the individual lacks a representative to assist him or her.
(h)*Documentary evidence.*
(1)All documents must be either originals or copies certified by the issuing agency. Copies or notarized copies may not be accepted.
(2)States must maintain copies of citizenship and identification documents in the case record or electronic data base and make these copies available for compliance audits.
(3)States may permit applicants and recipients to submit such documentary evidence without appearing in person at a Medicaid office. States may accept original documents in person, by mail, or by a guardian or authorized representative.
(4)If documents are determined to be inconsistent with pre-existing information, are counterfeit, or altered, States should investigate for potential fraud and abuse, including but not limited to, referral to the appropriate State and Federal law enforcement agencies.
(5)Presentation of documentary evidence of citizenship is a one time activity; once a person's citizenship is documented and recorded in a State database, subsequent changes in eligibility should not require repeating the documentation of citizenship unless later evidence raises a question of the person's citizenship. The State need only check its databases to verify that the individual already established citizenship.
(6)CMS requires that as a check against fraud, using currently available automated capabilities, States will conduct a match of the applicant's name against the corresponding Social Security number that was provided. In addition, in cooperation with other agencies of the Federal government, CMS encourages States to use automated capabilities to verify citizenship and identity of Medicaid applicants. Automated capabilities may fall within the computer matching provisions of the Privacy Act of 1974, and CMS will explore any implementation issues that may arise with respect to those requirements. When these capabilities become available, States will be required to match files for individuals who used third or fourth tier documents to verify citizenship and documents to verify identity, and CMS will make available to States necessary information in this regard. States must ensure that all case records within this category will be so identified and made available to conduct these automated matches. CMS may also require States to match files for individuals who used first or second level documents to verify citizenship as well. CMS may provide further guidance to States with respect to actions required in a case of a negative match.
(i)*Record retention.* The State must retain documents in accordance with 45 CFR 74.53.
(j)*Reasonable opportunity to present satisfactory documentary evidence of citizenship.* States must give an applicant or recipient a reasonable opportunity to submit satisfactory documentary evidence of citizenship before taking action affecting the individual's eligibility for Medicaid. The time States give for submitting documentation of citizenship should be consistent with the time allowed to submit documentation to establish other facets of eligibility for which documentation is requested. (See § 435.930 and § 435.911 of this chapter.) § 436.408 [Removed and reserved] 14. Section 436.408 is removed and reserved. § 436.1004-§ 436.1005 [Redesignated] 15. Sections 436.1004 and § 436.1005 are redesignated as § 436.1005 and § 436.1006, respectively. 16. New section 436.1004 is added to read as follows: § 436.1004 FFP in expenditures for medical assistance for individuals who have declared United States citizenship or nationality under section 1137(d) of the Act and with respect to whom the State has not documented citizenship and identity. FFP will not be available to a State with respect to expenditures for medical assistance furnished to individuals unless the State has obtained satisfactory documentary evidence of citizenship or national status, as described in § 436.407 that complies with the requirements of section 1903(x) of the Act. This requirement does not apply with respect to individuals declaring themselves to be citizens or nationals who are eligible for medical assistance and who are either entitled to benefits or enrolled in any parts of the Medicare program under title XVIII of the Social Security Act. Technical Amendments § 436.1005 [Amended] 17. In newly redesignating § 436.1005, in paragraph (a)(1), “§ 435.1009” is revised to read “§ 435.1010 of this chapter.” § 436.1006 [Amended] 18. In newly redesignating § 436.1006, “§ 435.1009 of this subchapter” is revised to read “§ 435.1010 of this chapter.” PART 440—SERVICES: GENERAL PROVISIONS 19. The authority citation for part 440 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). § 440.2 [Amended] 20. In § 440.2, in paragraph (a), in the definition of “Patient,” “§ 435.1009 of this subchapter” is revised to read “§ 435.1010 of this chapter.” § 440.140 [Amended] 21. In § 440.140, in paragraph (b), “§ 435.1009 of this chapter” is revised to read “§ 435.1010 of this chapter.” § 440.180 [Amended] 22. In § 440.180, in paragraph (d)(2)(i), “§ 435.1008(a)(2) of this subchapter” is revised to read “§ 435.1009(a)(2) of this chapter.” § 440.185 [Amended] 23. In § 440.185, in paragraph (b), “§ 435.1009” is revised to read “§ 435.1010 of this chapter.” PART 441—SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC SERVICES 24. The authority citation for part 441 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). § 441.13 [Amended] 25. In § 441.13, in paragraph (a)(1), § 435.1009 of this subchapter” is revised to read “§ 435.1010 of this chapter.” PART 457—ALLOTMENTS AND GRANTS TO STATES 26. The authority citation for part 457 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). § 457.310 [Amended] 27. In § 457.310, in paragraphs (c)(2)(i) and (c)(2)(ii), “§ 435.1009 of this chapter” is revised to read § 435.1010 of this chapter.” PART 483—REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES 28. The authority citation for part 483 continues to read as follows: Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh). § 483.5 [Amended] 29. In § 483.5, in paragraph (a), “§ 435.1009 of this chapter” is revised to read “§ 435.1010 of this chapter.” § 483.20 [Amended] 30. In § 483.20, in paragraph (m)(2)(ii), “42 CFR 435.1009” is revised to read § 435.1010 of this chapter.” § 483.102 [Amended] 31. In § 483.102, in paragraph (b)(3)(ii), “§ 435.1009 of this chapter” is revised to read “§ 435.1010 of this chapter.” § 483.136 [Amended] 32. In § 483.136, in paragraph (a), “§§ 435.1009 and 483.440 of this chapter” is revised to read “§ 435.1010 of this chapter and § 483.440.” (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) Dated: June 23, 2006. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. Approved: June 30, 2006. Michael O. Leavitt, Secretary. [FR Doc. 06-6033 Filed 7-6-06; 5:00 pm]
Connectionstraces to 45
Traces to 45 documents
CFR
U.S. Code
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- New animal drugs§ 360b
- Pension Benefit Guaranty Corporation§ 1302
- Rule making§ 553
- Establishment, functions, and activities§ 272
- Construction of bridges, causeways, dams or dikes generally; exemptions§ 401
- Presidential delegation and assignment of duties or powers and promulgation of regulations§ 9615
- General powers§ 322
- Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels§ 409
- Marine environmental protection and safety of life and property at sea§ 9118
- Laws and regulations governing lands§ 1333
- RESTORATION AND PROTECTION ACTIVITY LIMITATIONS.§ 1607
- Inland navigation rules§ 2071
- Transferred§ 1226
- Transferred§ 191
- Procedure§ 1504
- Oil and hazardous substance liability§ 1321
- Marine casualties and reporting§ 6101
- Equipment and personnel requirements under tank vessel and facility response plans§ 2735
- Administration and enforcement§ 1903
- Regulations§ 3703
- Tank vessel construction standards§ 3703a
- Lightering§ 3715
- Superintendence of the merchant marine§ 2103
- Federal pilots required§ 8502
- SHORT TITLE.§ 801
- Definitions; generally§ 321
- Inspections, monitoring, testing, and corrective action§ 6991d
- Authorities of Administrator§ 6912
- Definitions§ 1641
- Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals§ 1302
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75 references not yet in our index
- 14 CFR 23
- 21 CFR 520
- 5 USC 801-808
- 21 CFR 522
- 21 CFR 558
- 21 CFR 20
- 29 CFR 4281
- 5 USC 601-612
- 44 USC 3501-3520
- 2 USC 1531-1538
- 42 USC 4321-4370f
- 33 CFR 1
- 33 CFR 64
- 33 CFR 72
- 33 CFR 81
- 33 CFR 89
- 33 CFR 100
- 33 CFR 101
- 33 CFR 104
- 33 CFR 120
- 33 CFR 135
- 33 CFR 146
- 33 CFR 148
- 33 CFR 151
- 33 CFR 153
- 33 CFR 154
- 33 CFR 155
- 33 CFR 156
- 33 CFR 157
- 33 CFR 160
- 33 CFR 164
- 33 CFR 165
- 14 USC 633
- 49 CFR 1.45(b)
- 14 USC 85
- 49 CFR 1.46
- 49 CFR 1.46(n)(14)
- 33 USC 1233
- 3 CFR 1988
- 33 USC 1231
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SCOTUS508 U.S. 439
SCOTUS541 U.S. 1
SCOTUS333 U.S. 18
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