Unknown. Direct final rule

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A 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-2006-10-16.xml --- 71 199 Monday, October 16, 2006 Contents Agency Agency for Healthcare Research and Quality NOTICES CAHPS survey; consumers’ assessment of cultural competency; measures request, 60711-60712 06-8674 CAHPS survey; consumers’ health information delivery experiences; measures request, 60712-60713 06-8673 Agriculture Agriculture Department See Rural Utilities Service Air Force Air Force Department NOTICES Senior Executive Service Performance Review Board; membership, 60698 E6-17089 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-17145 60754-60755 E6-17146 E6-17147 Army Army Department NOTICES Environmental statements; availability, etc.:

Fort Bliss, TX and NM; land and airspace use, 60698-60699 06-8667 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Broadcasting Broadcasting Board of Governors NOTICES Agency information collection activities; proposals, submissions, and approvals, 60686 E6-17136 Centers Centers for Medicare & Medicaid Services RULES Medicaid: State allotments for payment of Medicare Part B premiums for qualifying individuals, 60663-60670 E6-17033 NOTICES Privacy Act; systems of records, 60713-60730 E6-17052 E6-17057 E6-17058 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-8689 60730-60731 06-8690 06-8691 Meetings:

October 2006 Advisory Committee, 60731-60732 06-8671 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Defense Department See Air Force Department See Army Department See Navy Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-17061 60700-60701 E6-17062 E6-17076 Meetings:

Historically Black Colleges and Universities Capital Financing Advisory Board, 60702 E6-17128 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Airfoil Technologies International, 60759-60760 E6-17117 AJS Controls, Inc., et al., 60760-60761 E6-17114 Allied Poly Industries, et al., 60761-60763 E6-17102 Ash Grove Cement Co., 60763-60764 E6-17105 Baxter Corp., 60764 E6-17118 Bosch-Sumter Plant, 60764-60765 E6-17110 Gehl Co., 60765 E6-17104 Hamrick's Inc., 60765-60766 E6-17119 Hartz & Company, Inc., 60766 E6-17109 Hoover Precision Products, Inc., 60766 E6-17120 Jantzen, LLC, 60766 E6-17107 Kentucky Derby Hosiery Co., 60766-60767 E6-17115 Leggett & Platt, Inc., 60767 E6-17121 Mileage Plus, Inc., 60767 E6-17116 MJJ Brilliant Jewelers Inc., 60767 E6-17112 New United Motor Manufacturing, Inc., 60767 E6-17113 Premier Turbines, 60767 E6-17108 Rexam, Inc., 60768 E6-17103 Schiffer Dental Care Products, 60768 E6-17111 Yakima Resources, LLC, 60768-60769 E6-17106 Energy Energy Department See Energy Efficiency and Renewable Energy Office NOTICES Electricity export and import authorizations, permits, etc.:

CSW Power Marketing, 60702-60703 E6-17093 TexMex Energy, LLC, 60703 E6-17094 Energy Energy Efficiency and Renewable Energy Office RULES Energy conservation: Distribution transformers; test procedures, 60662-60663 E6-16998 EPA Environmental Protection Agency NOTICES Reports and guidance documents; availability, etc.: Waterborne Disease Outbreak Surveillance System; uses and limitations, 60703-60704 E6-17098 Water programs: Drinking water contaminant candidate list; primary contaminants; regulatory determinations, 60704-60708 E6-17099 Executive Executive Office of the President See Management and Budget Office Farm Farm Credit Administration PROPOSED RULES Farm credit system:

Processing and marketing operations; eligibility and scope of financing, 60678-60681 E6-17170 FAA Federal Aviation Administration RULES Airworthiness directives: General Electric Co. Correction, 60663 E6-17007 NOTICES Exemption petitions; summary and disposition, 60790-60791 E6-17095 E6-17096 Grants and cooperative agreements; availability, etc.: Military Airport Program, 60791-60794 06-8686 FBI Federal Bureau of Investigation NOTICES Meetings: National Crime Prevention and Privacy Compact Council, 60755-60756 06-8672 FCC Federal Communications Commission NOTICES Meetings;

Sunshine Act, 60708 06-8726 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Assessments: Risk differentiation frameworks and base assessment schedule; supplemental notice of initial regulatory flexibility analysis, 60674-60678 06-8728 Federal Transit Federal Transit Administration PROPOSED RULES Clean Fuels Grant Program, 60681-60685 E6-17071 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Securities, U.S. Treasury: Demand Deposit Securities;

State and Local Government Series; average marginal tax rate and administrative cost, 60795-60796 06-8711 Food Food and Drug Administration NOTICES Memorandums of understanding: Duke University; Cardiac Safety Research Consortium, 60732-60739 06-8708 GSA General Services Administration NOTICES Privacy act: Systems of records, 60708-60710 E6-17070 Privacy Act; systems of records, 60710-60711 E6-17069 Geological Geological Survey NOTICES Meetings: Bird Banding Laboratory Advisory Committee, 60750 06-8668 National Earthquake Prediction Evaluation Council, 60750 06-8669 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Transportation Security Administration Industry Industry and Security Bureau NOTICES National Defense Stockpile:

Stockpile disposal levels, potential market impact; Fiscal Year 2008, 60686-60688 E6-17066 Interior Interior Department See Geological Survey See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 60796 E6-17046 E6-17048 International International Trade Administration NOTICES Antidumping: Ball bearings and parts thereof from— Various countries, 60688-60689 E6-17148 Cut-to-length carbon quality steel plate from— Korea, 60689 E6-17040 Hot-rolled carbon steel flat products from— India, 60689-60691 E6-17041 Stainless steel bar from— Japan, 60691-60692 E6-17149 United Kingdom, 60691 E6-17129 North American Free-Trade Agreement (NAFTA); binational panel reviews:

Article 1904, 60692-60693 E6-17126 International International Trade Commission NOTICES Import investigations: Digital processors and digital processing systems, components thereof, and products containing same, 60753 E6-17131 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Federal Bureau of Investigation Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-17122 60756-60759 E6-17123 Secretary's orders; cancellations, etc., 06-8663 60800, 60802-60803 06-8664 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Northeast California, 60751 E6-17049 Northwest California, 60750-60751 06-8712 Survey plat filings: Nevada, 60751 E6-17085 Management Management and Budget Office NOTICES Reports and guidance documents; availability, etc.: Confidential Information Protection and Statistical Efficiency Act of 2002; implementation of Title V, 60772-60773 E6-17086 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Chukchi Sea OCS— Oil and gas lease sales and seismic surveys, 60751-60753 E6-17242 Morris Morris K.

Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings; Sunshine Act, 60770 06-8725 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts National Council, 60770 E6-17092 National Institute National Institute of Standards and Technology NOTICES Agency information collection activities; proposals, submissions, and approvals, 60693 E6-17068 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 06-8693 06-8695 06-8696 60740-60741 06-8705 National Center for Complementary and Alternative Medicine, 60741 06-8702 National Eye Institute, 60741 06-8700 National Institute of Allergy and Infectious Diseases, 60743 06-8703 National Institute of Mental Health, 60742-60743 06-8697 06-8701 National Institute of Neurological Disorders and Stroke, 60742-60743 06-8699 National Institute on Alcohol Abuse and Alcoholism, 60741-60743 06-8694 06-8704 National Science Advisory Board for Biosecurity, 60744 06-8706 Scientific Review Center, 60744-60746 06-8698 Reports and guidance documents; availability, etc.:

Expert panel report on hydroxyurea, 60746-60748 E6-17137 Pre-screen evaluation of a cell proliferation assay to detect estrogenic activity, 60748-60749 E6-17134 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 60670-60671 06-8707 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Eglin Air Force Base, FL; Naval Explosive Ordnance Disposal School Training Operations, 60693-60697 E6-17127 Meetings:

Gulf of Mexico Fishery Management Council, E6-17074 60697 E6-17075 New England Fishery Management Council, 60698 E6-17073 Navy Navy Department NOTICES Meetings: Naval Research Advisory Committee; correction, 60699-60700 E6-17088 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 60659-60662 E6-17079 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 60672-60674 E6-17077 NOTICES Environmental statements; availability, etc.: Defense Logistics Agency; Defense Nuclear Supply Center Depot. Somerville, NJ, 60770-60772 E6-17078 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60769-60770 06-8692 Office Office of Management and Budget See Management and Budget Office Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline safety:

Waiver petitions— Key West Pipeline Co., 60794-60795 E6-17097 Public Public Debt Bureau See Fiscal Service RUS Rural Utilities Service RULES Seismic safety, 60657-60658 E6-17065 PROPOSED RULES Seismic safety, 60672 E6-17063 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 60781 06-8718 Self-regulatory organizations; proposed rule changes: International Securities Exchange, LLC, 60781-60782 E6-17083 NASDAQ Stock Market LLC, 60782-60784 E6-17080 E6-17081 National Association of Securities Dealers, Inc., 60784-60786 E6-17064 New York Stock Exchange LLC, 60786-60788 E6-17067 *Applications, hearings, determinations, etc.:* Delaware Management Business Trust, et al., 60773-60775 E6-17082 SSgA Funds Management, Inc., et al., 60775-60781 E6-17060 Social Social Security Administration NOTICES Privacy Act; computer matching program, 60788-60789 E6-17084 Special Special Counsel Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 60789-60790 E6-17130 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60749 E6-17132 Treasury Treasury Department See Fiscal Service See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Privacy Act; computer matching programs, 60796-60797 E6-17038 Separate Parts In This Issue Part II Labor Department, 60800 06-8663 Part III Labor Department, 60802-60803 06-8664 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. 71 199 Monday, October 16, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1792 RIN 0572-AC01 Seismic Safety AGENCY: Rural Utilities Service, USDA. ACTION: Direct final rule. SUMMARY: The Rural Utilities Service, an agency which administers the U.S.

Department of Agriculture's Rural Development Utilities Programs (hereinafter “USDA Rural Development” or the “Agency,”) is amending its regulations to update the seismic safety requirements of the Agency. These amendments will provide Agency borrowers (including Rural Telephone Bank borrowers), grant recipients, and the public with updated rules for compliance with seismic safety requirements for new building construction using loan, grant, or guaranteed funds of the Agency, or funds provided through lien accommodations or subordinations approved by the Agency.

DATES: This rule will become effective November 30, 2006, unless we receive written adverse comments or a written notice of intent to submit adverse comments on or before November 15, 2006. If we receive such comments or notice, we will publish a timely document in the **Federal Register** withdrawing the rule. Comments received will be considered under the proposed rule published in this edition of the **Federal Register** in the proposed rule section. A second public comment period will not be held.

Written comments must be received by USDA Rural Development or carry a postmark or equivalent no later than November 15, 2006. ADDRESSES: Submit adverse comments or notice of intent to submit adverse comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov* and, in the lower “Search Regulations and Federal Actions” box, select “Rural Utilities Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select RUS-06-Agency-0049 to submit or view public comments and to view supporting and related materials available electronically.

Information on using *Regulations.gov* , including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • Postal Mail/Commercial Delivery: Please send your comment addressed to Richard Annan, Director, Program Development and Regulatory Analysis, USDA Rural Development, 1400 Independence Avenue, STOP 1522, Room 5159, Washington, DC 20250-1522. Please state that your comment refers to Docket No.

RUS-06-Agency-0049. Other Information: Additional information about Rural Development and its programs is available on the Internet at *http://www.rurdev.usda.gov/index.html.* FOR FURTHER INFORMATION CONTACT: Mr. Donald Heald, Structural Engineer, Transmission Branch, Electric Staff Division, USDA Rural Development, 1400 Independence Avenue, SW., STOP 1569, Washington, DC 20250-1569. Telephone:

(202)720-9102. Fax:

(202)720-7491. SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12372 This rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require consultation with State and local officials. A notice of final rule entitled “Department Programs and Activities Excluded from Executive Order 12372,” (50 FR 47034) exempted Agency loans and loan guarantees from coverage under this order. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Agency has determined that this rule meets the applicable standards provided in section 3 of the Executive Order. In addition, all state and local laws and regulations that are in conflict with this rule will be preempted. No retroactive effect will be given to this rule and, in accordance with section 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)), administrative appeal procedures, if any, must be exhausted before an action against the Department or its agencies may be initiated. Executive Order 13132, Federalism This rule will not have any substantial direct effect on 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. Therefore, consultation with States is not required. Regulatory Flexibility Act Certification The Agency certifies that this rule will not have a significant economic impact on a substantial number of small entities, as defined in the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Therefore, no further analysis is required. This rule serves to update the existing regulation and should result in modest cost savings and ease the regulatory compliance burden for affected applicants. Information Collection and Recordkeeping Requirements The reporting and recordkeeping requirements contained in the rule have been approved by the Office of Management and Budget

(OMB)under OMB Control Number 0572-0099, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). National Environmental Policy Act Certification The Administrator of the Agency has determined that this rule will not significantly affect the quality of the human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ). Therefore, this action does not require an environmental impact statement or assessment. Catalog of Federal Domestic Assistance The programs covered by this rule are listed in the Catalog of Federal Domestic Assistance programs under numbers 10.850, Rural Electrification Loans and Loan Guarantees; 10.851, Rural Telephone Loans and Loan Guarantees; 10.852, Rural Telephone Bank Loans; 10.857, Rural Broadband Access Loans and Loan Guarantees, 10.760, Water and Waste Disposal System for Rural Communities; 10.764, Resource Conservation Development Loans, and 10.765, Watershed Protection and Flood Prevention Loans. This catalog is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9325. Telephone:

(202)512-1800. Unfunded Mandates This rule contains no Federal mandates (under the regulatory provision of Title II of the Unfunded Mandates Reform Act of 1995) for State, local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act. Background In the mid eighties, the Federal Emergency Management Agency

(FEMA)contracted the Building Seismic Safety Council

(BSSC)to develop the National Earthquake Hazards Reduction Program (NEHRP) Provisions for new buildings. One of the primary goals of the program is to reduce or mitigate losses from earthquakes. The NEHRP *Recommended Provisions for Seismic Regulations for New Buildings and Other Structures* are recommended provisions that have been adopted in recent times by model codes and standards. The first edition of the NEHRP Provisions was dated 1985. The document is updated on a 3-year cycle. The 2000 edition of the NEHRP provisions is the fifth update of the document. Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction, requires that all new federally owned, leased, assisted, and other regulated buildings be designed and constructed in accordance with the appropriate seismic standards. The Interagency Committee on Seismic Safety in Construction (ICSSC) has recommended the use of building codes which are substantially equivalent to the *2000 National Earthquake Hazards Reduction Program Provisions for the Development of Seismic Regulations for New Buildings* (commonly called the NEHRP Provisions). The National Institute of Standards and Technology

(NTIS)had previously contracted to evaluate the equivalency of the latest edition of the NEHRP Provisions available at the time and the latest editions of national building codes and standards. The four previous comparisons involved the *BOCA National Building Code* (BOCA/NBC), the *Standard Building Code* (SBC), the *Uniform Building Code* (UBC), ASCE 7, *Minimum Design Loads for Buildings and Other Structures* (ASCE 7) and CABO *One- and Two-Family Dwelling Code* (OTFDC), the *International Building Code* (IBC), and the *International Residential Code* (IRC). NTIS contracted to determine whether or not the seismic and material design provisions of the *International Building Code* (IBC), 2003 edition; the *NFPA 5000 Building Construction and Safety Code* , 2003 edition; the *International Residential Code for One- and Two-Family Dwellings* , 2003 edition, and ASCE 7-02, *Minimum Design Loads for Buildings and Other Structures* , are substantially equivalent to, or exceed, the 2000 NEHRP Provisions. For purposes of USDA Rural Development, the following documents have been found to be substantially equivalent to the 2000 NEHRP: *International Building Code* (IBC), 2003 edition; the *NFPA 5000 Building Construction and Safety Code* , 2003 edition, and ASCE 7-02, *Minimum Design Loads for Buildings and Other Structures.* Although these documents were found to be equivalent in intent and equivalent in design values, there were some exceptions within each document. Because of the structure of our agency requirements, it is recommended that the above documents be accepted as substantially equivalent. List of Subjects in 7 CFR Part 1792 Buildings and facilities, Electric power, Grant programs, Loan programs, Reporting and recordkeeping requirements, Rural area, Seismic safety, Telephone. For reasons set forth in the preamble, chapter XVII of title 7 of the Code of Federal Regulations is amended as follows: PART 1792—COMPLIANCE WITH OTHER FEDERAL STATUTES, REGULATIONS, AND EXECUTIVE ORDERS 1. The authority citation for part 1792 is revised to read as follows: Authority: 7 U.S.C. 901 *et seq.* , 1921 *et seq.* , 6941 *et seq.* ; 42 U.S.C. 7701 *et seq.* ; E.O. 12699 (3 CFR, 1990 Comp., p. 269). 2. Section 1792.103 is amended by revising paragraphs

(a)and

(b)to read as follows: § 1792.103 Seismic design and construction standards for new buildings.

(a)In the design and construction of federally assisted buildings, the borrowers and grant recipients must utilize the seismic provisions of the most recent edition of those standards and practices that are substantially equivalent to or exceed the seismic safety level in the 2000 edition of the NEHRP Recommended Provisions for the Development of Seismic Regulation for New Buildings.

(b)Each of the following model codes or standards provides a level of seismic safety substantially equivalent to that provided by the 2000 NEHRP Recommended Provisions and are appropriate for federally assisted new building construction:

(1)*2003 NFPA 5000 Building Construction and Safety Code.* Copies of the book are available from the NFPA (National Fire Protection Association), 1 Batterymarch Park, Quincy, MA 02269-7471. Telephone:

(617)770-3000. Fax:

(617)770-0700.

(2)2002 American Society of Civil Engineers

(ASCE)7, *Minimum Design Loads for Buildings and Other Structures.* Copies are available from the American Society of Civil Engineers, Publications Marketing Department, 1801 Alexander Bell Drive, Reston, VA 20191-4400. E-mail: *marketing@asce.org.* Telephone:

(800)548-2723. Fax:

(703)295-6211.

(3)*2003 International Code Council

(ICC)International Building Code (IBC).* Copies of the book or CD-ROM are available from the International Conference of Building Officials, 4051 West Flossmoor Rd., Country Club Hill, IL 60478. Telephone:

(800)786-4452. Fax:

(800)214-7167. Dated: September 27, 2006. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E6-17065 Filed 10-13-06; 8:45 am] BILLING CODE 3410-15-P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AH98 List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 3 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations revising the Holtec International HI-STORM 100 cask system listing within the “List of approved spent fuel storage casks” to include Amendment No. 3 to Certificate of Compliance Number 1014. Amendment No. 3 will revise Technical Specification

(TS)3.1.3, to eliminate cooling of the Multi-Purpose Canister

(MPC)cavity prior to reflood with water, as part of cask unloading operations; TS 3.3.1, to allow linear interpolation between minimal soluble boron concentrations, for certain fuel enrichments in the MPC-32/32F; Appendix B, Section 1, to make modifications to the definitions of fuel debris, damaged fuel assembly, and non-fuel hardware; and Appendix B, Section 2, to permit the storage of pressurized water reactor fuel assemblies with annular fuel pellets in the top and bottom 12 inches of the active fuel length. Other changes will be made to incorporate minor editorial corrections. DATES: The final rule is effective January 2, 2007, unless significant adverse comments are received by November 15, 2006. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. If the rule is withdrawn, timely notice will be published in the **Federal Register** . ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150-AH98) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: *SECY@nrc.gov.* If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at

(301)415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov.* Address questions about our rulemaking Web site to Carol Gallagher

(301)415-5905; e-mail *cag@nrc.gov.* Comments can also be submitted via the Federal eRulemaking Portal *http://www.regulations.gov.* Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays [telephone

(301)415-1966]. Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at

(301)415-1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Selected documents, including comments, can be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov.* Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/NRC/ADAMS/index.html.* From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* An electronic copy of the proposed Certificate of Compliance (CoC), TS, and preliminary safety evaluation report

(SER)can be found under ADAMS Accession Nos. ML062130434, ML061980040, and ML062130467, respectively. CoC No. 1014, the revised TS, the underlying SER for Amendment No. 3, and the Environmental Assessment (EA), are available for inspection at the NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6219, e-mail *jmm2@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6219, e-mail *jmm2@nrc.gov.* SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that “[t]he Secretary [of the Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.” Section 133 of the NWPA states, in part, that “[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor.” To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in 10 CFR part 72 entitled “General License for Storage of Spent Fuel at Power Reactor Sites” (55 FR 29181; July 18, 1990). This rule also established a new subpart L within 10 CFR part 72, entitled “Approval of Spent Fuel Storage Casks,” containing procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on May 1, 2000 (65 FR 25241) that approved the HI-STORM 100 cask system design, and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1014. Discussion On November 7, 2005, and as supplemented on April 30, 2006, the certificate holder, Holtec International, submitted an application to the NRC to amend the HI-STORM 100 cask system. The application requested changes to eliminate cooling of the MPC cavity prior to reflood with water as part of cask unloading operations, changes to allow linear interpolation between minimal soluble boron concentrations for certain fuel enrichments in the MPC-32/32F, modifications to the definitions of fuel debris, damaged fuel assembly, and non-fuel hardware, changes to permit the storage of pressurized water reactor fuel assemblies with annular fuel pellets in the top and bottom 12 inches of the active fuel length, and other changes to incorporate minor editorial corrections. No other changes to the HI-STORM 100 cask system were requested in this application. The NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that an acceptable safety margin is maintained. The NRC staff also has determined that there continues to be reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the HI-STORM 100 cask system listing in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 1014. The amendment consists of changes to the TS as described above. The particular TS which are changed are identified in the NRC staff's SER for Amendment No. 3. The amended HI-STORM 100 cask system, when used under the conditions specified in the CoC, the TS, and NRC regulations, will meet the requirements of part 72; thus, adequate protection of public health and safety will continue to be ensured. Discussion of Amendments by Section Section 72.214 List of approved spent fuel storage casks. Certificate No. 1014 is revised by adding the effective date of Amendment Number 3. Procedural Background This rule is limited to the changes contained in Amendment No. 3 to CoC No. 1014 and does not include other aspects of the HI-STORM 100 cask system. The NRC is using the “direct final rule procedure” to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on January 2, 2007. However, if the NRC receives significant adverse comments by November 15, 2006, then the NRC will publish a document that withdraws this action and will address the comments received in response to the proposed amendments, published elsewhere in this issue of the **Federal Register** , in a subsequent final rule. The NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, in a substantive response:

(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the NRC staff to make a change (other than editorial) to the CoC or TS. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the HI-STORM 100 cask system design listed in § 72.214 (List of NRC-approved spent fuel storage cask designs). This action does not constitute the establishment of a standard that establishes generally applicable requirements. Agreement State Compatibility Under the “Policy Statement on Adequacy and Compatibility of Agreement State Programs” approved by the Commission on June 30, 1997, and published in the **Federal Register** on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category “NRC.” Compatibility is not required for Category “NRC” regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended (AEA), or the provisions of Title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws but does not confer regulatory authority on the State. Plain Language The Presidential Memorandum dated June 1, 1998, entitled “Plain Language in Government Writing,” directed that the Government's writing be in plain language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES above. Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in subpart A of 10 CFR part 51, the NRC has determined that this rule, if adopted, will not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The rule will amend the CoC for the HI-STORM 100 cask system within the list of approved spent fuel storage casks that power-reactor licensees can use to store spent fuel at reactor sites under a general license. Amendment No. 3 will modify the present cask system design by revising TS 3.1.3 to eliminate cooling of the MPC cavity prior to reflood with water as part of cask unloading operations; TS 3.3.1 to allow linear interpolation between minimal soluble boron concentrations for certain fuel enrichments in the MPC-32/32F; Appendix B, Section 1, to make modifications to the definitions of fuel debris, damaged fuel assembly, and non-fuel hardware; and Appendix B, Section 2, to permit the storage of pressurized water reactor fuel assemblies with annular fuel pellets in the top and bottom 12 inches of the active fuel length. Other changes will be made to incorporate minor editorial corrections. The EA and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of the EA and finding of no significant impact are available from Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6219, e-mail *jmm2@nrc.gov.* Paperwork Reduction Act Statement This direct final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing requirements were approved by the Office of Management and Budget, Approval Number 3150-0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power-reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On May 1, 2000 (65 FR 25241), the NRC issued an amendment to part 72 that approved the HI-STORM 100 cask system design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On November 7, 2005, and as supplemented on April 30, 2006, the certificate holder, Holtec International, submitted an application to the NRC to amend the HI-STORM 100 cask system. The amendment will revise TS 3.1.3 to eliminate cooling of the MPC cavity prior to reflood with water as part of cask unloading operations; TS 3.3.1 to allow linear interpolation between minimal soluble boron concentrations for certain fuel enrichments in the MPC-32/32F; Appendix B, Section 1, to make modifications to the definitions of fuel debris, damaged fuel assembly, and non-fuel hardware; and Appendix B, Section 2, to permit the storage of pressurized water reactor fuel assemblies with annular fuel pellets in the top and bottom 12 inches of the active fuel length. Other changes will be made to incorporate minor editorial corrections. The alternative to this action is to withhold approval of this amended cask system design and issue an exemption to each general license. This alternative would cost both the NRC and the utilities more time and money because each utility would have to pursue an exemption. Approval of the direct final rule will eliminate this problem and is consistent with previous NRC actions. Further, the direct final rule will have no adverse effect on public health and safety. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on this discussion of the benefits and impacts of the alternatives, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and thus, this action is recommended. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only the licensing and operation of nuclear power plants, independent spent fuel storage facilities, and Holtec International. The companies that own these plants do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR part 121. Backfit Analysis The NRC has determined that the backfit rule (10 CFR 50.109 or 10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined. Therefore, a backfit analysis is not required. Congressional Review Act Under the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget. List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Public Law 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Public Law 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Public Law 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Public Law 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Public Law 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Public Law 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Public Law 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Public Law 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Public Law 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Public Law 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1014 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1014. Initial Certificate Effective Date: June 1, 2000. Amendment Number 1 Effective Date: July 15, 2002. Amendment Number 2 Effective Date: June 7, 2005. Amendment Number 3 Effective Date: January 2, 2007. SAR Submitted by: Holtec International. SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask System. Docket Number: 72-1014. Certificate Expiration Date: June 1, 2020. Model Number: HI-STORM 100. Dated at Rockville, Maryland, this 22nd day of September, 2006. For the Nuclear Regulatory Commission. Martin J. Virgilio, Acting Executive Director for Operations. [FR Doc. E6-17079 Filed 10-13-06; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy 10 CFR Part 431 [Docket No. EE-TP-98-550] RIN 1904-AA85 Energy Conservation Program: Test Procedures for Distribution Transformers; Correction AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule; technical corrections. SUMMARY: The Department of Energy (DOE or the Department) published a final rule on April 27, 2006, amending Part 431 to prescribe test procedures and other provisions for distribution transformers, pursuant to sections 323(b)(10) and 346(a) of the Energy Policy and Conservation Act, as amended. (42 U.S.C. 6293(b)(10) and 6317(a)) This document corrects three typographical errors in the final rule. DATES: This correction is effective October 16, 2006. FOR FURTHER INFORMATION CONTACT: Antonio Bouza, U.S. Department of Energy, Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121,

(202)586-4563, e-mail: *antonio.bouza@ee.doe.gov.* Francine Pinto, Esq., U.S. Department of Energy, Office of General Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-0121,

(202)586-9507, e-mail: *Francine.Pinto@hq.doe.gov.* SUPPLEMENTARY INFORMATION: The final rule that is the subject of this correction document established

(1)Test procedures for measuring the energy efficiency of distribution transformers,

(2)definitions to delineate the products covered by the test procedures,

(3)provisions manufacturers must use to implement the test procedures,

(4)calculation methods for determining the efficiency of distribution transformers, and

(5)enforcement provisions for this equipment. 71 FR 24971 (April 27, 2006). Need for Corrections As published in the final rule, the definition for the term “excitation current” which can also be referred to as “no-load current” contains a typographical error that may prove to be misleading, and needs to be corrected. In the final rule, the conjunction “or” appearing between the terms “excitation current” and “no-load current” was italicized, such that the two terms *excitation current* and *no-load current* appeared as one continuous phrase (i.e., *excitation current or no-load current* ). The Department is concerned that the italicization of the word “or” may lead to confusion about the defined term. This technical correction document removes the italicization of the word “or.” The remainder of the definition (i.e., “means the current that flows in any winding used to excite the transformer when all other windings are open-circuited”) was correct in the final rule and is not amended by this technical correction. In a comment submitted after the publication of the final rule, NEMA brought to the Department's attention two typographical errors that have an impact on the calculation of distribution transformer efficiency and must be corrected. (NEMA, No. 61 at p. 1) In the final rule notice, Equation 5-1 was given as: ER16OC06.009 And an explanation of one of the terms in equation 5-1, P os , was given as follows: P os is the specified energy efficiency load level, where, P os = P or L 2 , and NEMA determined that there are typographical errors in both equation 5-1 and the explanation of the term P os . The Department carefully reviewed this comment, and agrees with NEMA's determination. In equation 5-1, the quantity contained in the square brackets should be squared (i.e., raised to the second power). In the explanation of the term P os , the variable represented by the letter “L” should not be squared. These errors were present in the Department's previous supplemental notice of proposed rulemaking for this test procedure (69 FR 45532), but were not identified at that time. Today's technical correction document amends equation 5-1, raising the contents of the square brackets to the second power, so the corrected equation reads as follows: ER16OC06.010 Similarly, this technical correction document amends the explanation of the term P os to remove the square from the variable L, so the corrected equation reads as follows: P os is the specified energy efficiency load level, where P os = P or L, and List of Subjects in 10 CFR Part 431 Administrative practice and procedure, Distribution transformers, Energy conservation. Accordingly, 10 CFR part 431 is amended by making the following technical corrections: PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 431 continues to read as follows: Authority: 42 U.S.C. 6291-6317. 2. In § 431.192, revise the definition of “excitation current” to read as follows: § 431.192 Definitions. *Excitation current* or *no-load current* means the current that flows in any winding used to excite the transformer when all other windings are open-circuited. 3. In section 5.1 of Appendix A to Subpart K of Part 431, revise equation 5-1 and the explanation for the term P os to read as follows: Appendix A to Subpart K of Part 431—Uniform Test Method for Measuring the Energy Consumption of Distribution Transformers 5.1 *Output Loading Level Adjustment.* ER16OC06.011 Where: P os is the specified energy efficiency load level, where P os = P or L, and Issued in Washington, DC, on October 2, 2006. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E6-16998 Filed 10-13-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25896; Directorate Identifier 2006-NE-33-AD; Amendment 39-14775; AD 2006-20-06] RIN 2120-AA64 Airworthiness Directives; General Electric Company CF34-10E Series Turbofan Engines; Correction AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; correction. SUMMARY: This document makes a correction to Airworthiness Directive

(AD)2006-20-06. That AD applies to General Electric Company

(GE)CF34-10E series turbofan engines. We published AD 2006-20-06 in the **Federal Register** on September 29, 2006 (71 FR 57403). The issue date of the AD was inadvertently omitted. This document adds the AD issue date. In all other respects, the original document remains the same. DATES: *Effective Date:* Effective October 16, 2006. FOR FURTHER INFORMATION CONTACT: Tara Fitzgerald, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7130; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: A final rule AD, FR Doc. 06-8284, that applies to GE CF34-10E series turbofan engines was published in the **Federal Register** on September 29, 2006 (71 FR 57403). The following correction is needed: § 39.13 [Corrected] On page 57405, in the first column, after compliance paragraph (q), add “Issued in Burlington, Massachusetts, on September 21, 2006.” Issued in Burlington, MA, on October 6, 2006. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-17007 Filed 10-13-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 433 [CMS-2231-F] RIN 0938-A031 Medicaid Program; State Allotments for Payment of Medicare Part B Premiums for Qualifying Individuals: Federal Fiscal Year 2006 and Fiscal Year 2007 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule. SUMMARY: This final rule sets forth the methodology and process used to compute and issue each State's allotments for fiscal years

(FY)2006 and FY 2007 that are available to pay Medicare Part B premiums for qualifying individuals. It also provides the final FY 2006 allotments and the preliminary FY 2007 allotments determined under this methodology. We are also confirming the April 28, 2006 interim final rule as final. DATES: Effective November 15, 2006, the interim rule amending 42 CFR part 433, which was published on April 28, 2006 (71 FR 25085), is adopted as final. FOR FURTHER INFORMATION CONTACT: Richard Strauss,

(410)786-2019. SUPPLEMENTARY INFORMATION: I. Background A. Allotments Prior to FY 2005 Section 1902 of the Social Security Act (the Act) sets forth the requirements for State plans for medical assistance. Before August 5, 1997, section 1902(a)(10)(E) of the Act specified that the State Medicaid plan must provide for some or all types of Medicare cost sharing for three eligibility groups of low-income Medicare beneficiaries. These three groups included qualified Medicare beneficiaries (QMBs), specified low-income Medicare beneficiaries (SLMBs), and qualified disabled and working individuals (QDWIs). A QMB is an individual entitled to Medicare Part A with income at or below the Federal poverty line

(FPL)and resources below $4,000 for an individual and $6,000 for a couple. A SLMB is an individual who meets the QMB criteria, except that his or her income is above 100 percent of the FPL and does not exceed 120 percent of the FPL. A QDWI is a disabled individual who is entitled to enroll in Medicare Part A under section 1818A of the Act, whose income does not exceed 200 percent of the FPL for a family of the size involved, whose resources do not exceed twice the amount allowed under the Supplementary Security Income

(SSI)program, and who is not otherwise eligible for Medicaid. The definition of Medicare cost-sharing at section 1905(p)(3) of the Act includes payment for premiums for Medicare Part B. Section 4732 of the Balanced Budget Act of 1997 (BBA), enacted on August 5, 1997, amended section 1902(a)(10)(E) of the Act to require States to provide for Medicaid payment of the Medicare Part B premiums for two additional eligibility groups of low-income Medicare beneficiaries, referred to as qualifying individuals (QIs). Specifically, a new section 1902(a)(10)(E)(iv)(I) of the Act was added, under which States must pay the full amount of the Medicare Part B premium for qualifying individuals who are eligible QMBs but for the fact that their income level is at least 120 percent of the FPL but less than 135 percent of the FPL for a family of the size involved. These individuals cannot otherwise be eligible for medical assistance under the approved State Medicaid plan. The second group of QIs added under section 1902(a)(10)(E)(iv)(II) of the Act includes Medicare beneficiaries who would be QMBs except that their income is at least 135 percent but less than 175 percent of the FPL for a family of the size involved, who are not otherwise eligible for Medicaid under the approved State plan. These QIs were eligible for only a portion of Medicare cost sharing consisting of a percentage of the increase in the Medicare Part B premium attributable to the shift of Medicare home health coverage from Part A to Part B (as provided in section 4611 of the BBA). Coverage of the second group of QIs ended on December 31, 2002, and in 2003, section 401 of the Welfare Reform Bill (Pub. L. 108-89), enacted on October 1, 2003, eliminated reference to the QI-2 benefit. In each of the years 2002 and 2003, continuing resolutions extended the coverage of the first group of QIs (whose income is at least 120 percent but less than 135 percent of the Federal poverty line) through the following fiscal year, but maintained the annual funding at the FY 2002 level. In 2004, Public Law 108-448 was enacted, which continued coverage of this group through September 30, 2005, again with no change in funding. The BBA also added a new section 1933 to the Act to provide for Medicaid payment of Medicare Part B premiums for QIs. (The previous section 1933 was re-designated as section 1934.) Section 1933(a) of the Act specifies that a State plan must provide, through a State plan amendment, for medical assistance to pay for the cost of Medicare cost-sharing on behalf of QIs who are selected to receive assistance. Section 1933(b) of the Act sets forth the rules that States must follow in selecting QIs and providing payment for Medicare Part B premiums. Specifically, the State must permit all qualifying individuals to apply for assistance and must select individuals on a first-come, first-served basis (that is, the State must select QIs in the order in which they apply). Under section 1933(b)(2)(B) of the Act, in selecting persons who will receive assistance in years after 1998, States must give preference to those individuals who received assistance as QIs, QMBs, SLMBs, or QDWIs in the last month of the previous year and who continue to be (or become) QIs. Under section 1933(b)(4) of the Act, persons selected to receive assistance in a calendar year are entitled to receive assistance for the remainder of the year, but not beyond, as long as they continue to qualify. The fact that an individual is selected to receive assistance at any time during the year does not entitle the individual to continued assistance for any succeeding year. Because the State's allotment is limited by law, section 1933(b)(3) of the Act provides that the State must limit the number of QIs so that the amount of assistance provided during the year is approximately equal to the allotment for that year. Section 1933(c) of the Act limits the total amount of Federal funds available for payment of Part B premiums for QIs each fiscal year and specifies the formula that is to be used to determine an allotment for each State from this total amount. For States that executed a State plan amendment in accordance with section 1933(a) of the Act, a total of $1.5 billion was allocated over 5 years as follows: $200 million in FY 1998; $250 million in FY 1999; $300 million in FY 2000; $350 million in FY 2001; and $400 million in FY 2002. In 1999, the Department published a notice (64 FR 14931, March 29, 1999) to advise States of the methodology used to calculate allotments and each State's specific allotment for that year. Following that notice, there was no change in methodology and States have been notified annually of their allotments. We did not include the methodology for computing the allocation in our regulations. Although the BBA originally provided coverage of QIs through FY 2002, through several continuing resolutions, coverage has been continued through the current fiscal year, but without any increase in total allocation over the FY 2002 level. The Federal medical assistance percentage for Medicaid payment of Medicare Part B premiums for qualifying individuals is 100 percent for expenditures up to the amount of the State's allotment. No Federal funds are available for expenditures in excess of the State allotment amount. The Federal matching rate for administrative expenses associated with the payment of Medicare Part B premiums for QIs remains at the 50 percent matching level. Federal financial participation in the administrative expenses is not counted against the State's allotment. The amount available for each fiscal year is to be allocated among States according to the formula set forth in section 1933(c)(2) of the Act. The formula provides for an amount to each State that is to be based on each State's share of the Secretary's estimate of the ratio of:

(a)An amount equal to the total number of individuals in the State who meet all but the income requirements for QMBs, whose incomes are at least 120 percent but less than 135 percent of the Federal poverty line, and who are not otherwise eligible for Medicaid, to

(b)the sum of all those individuals for all eligible States. B. Allotments for FY 2005 In FY 2005, some States exhausted their FY 2005 allotments before the end of the fiscal year, which caused them to deny benefits to eligible persons under section 1933(b)(3) of the Act, while other States projected a surplus in their allotments. We asked those States that exhausted or expected to exhaust their FY 2005 allotments before the end of the fiscal year to project the amount of funds that would be required to grant eligibility to all eligible persons in their State, that is, their need. We also asked those States that did not expect to use their full allotments in FY 2005 to project the difference between the amount they expected to spend and their allotment, that is, their surplus. After all States reported these figures, it was evident that the total surplus exceeded the total need. In spite of there being adequate overall funding for the QI benefit, some eligible individuals would have been denied benefits due to the allocation methodology initially used to determine the FY 2005 allotments. We believed that it was the clear intent of the statute to provide benefits to eligible persons up to the full amount of funds made available for the program. We attributed the difference between the surplus in available QI allotments for some States and the need in other States in FY 2005 as due to the imprecision in the data that we used to provide States with their initial allocations under section 1933 of the Act. Therefore, on August 26, 2005 we published an interim final rule in the **Federal Register** (70 FR 50214) under which we compensated for this imprecision in order to enable States to enroll those QIs whom they would have been able to enroll had the data been more precise. The interim final rule amended 42 CFR 433.10(c) to specify the formula and the data to be used to determine States' allotments and to revise, under certain circumstances, individual State allotments for a Federal fiscal year for the Medicaid payment of Medicare Part B premiums for qualifying individuals identified under section 1902(a)(10)(E)(iv) of the Act. The FY 2005 allotments were determined by applying the U.S. Census Bureau data to the formula set forth in section 1933(c)(2) of the Act. However, the statute requires that the allocation of the fiscal year allotment be based upon a ratio of the amount of “total number of individuals described in section 1902(a)(10)(E)(iv) in the State” to the sum of these amounts for all States. Because this formula requires an estimate of an unknown number, that is, the number of individuals who could be QIs (rather than the number of individuals who were QIs in a previous period), our use of the Census Bureau data in the formula represented a rough proxy to attain the statutory number. Actual expenditure data, however, revealed that the Census Bureau data yielded an inappropriate distribution of the total appropriated fund as evidenced by the fact that several States projected significant shortfalls in their allotments, while many other States projected a significant surplus by the end of the fiscal year 2005. Census Bureau data were not accurate for the purpose of projecting States' needs because the data could not take into consideration all variables that contribute to QI eligibility and enrollment, such as resource levels and the application process itself. While section 1933 of the Act requires the Secretary to estimate the allocation of the allotments among the States, it did not preclude a subsequent readjustment of that allocation, when it became clear that the data used for that estimate did not effectuate the statutory objective. The interim final rule published in the **Federal Register** on August 26, 2005 permitted in this specific circumstance a redistribution of surplus funds, as it was demonstrated that the States' projections and estimates resulted in an inequitable initial allocation for FY 2005, such that some States were granted an allocation in excess of their total projected need, while the allocation granted to other States proved insufficient to meet their projected QI expenditures. In the August 26, 2005 interim final rule, we codified the methodology we have been using to approximate the statutory formula for determining State allotments. However, since certain States projected a deficit in their allotment before the end of fiscal year 2005, the rule permitted fiscal year 2005 funds to be reallocated from the surplus States to the need States. The regulation specified the methodology for computing the annual allotments, and for reallocating funds in this circumstance. The formula used to reallocate funds was intended to minimize the impact on surplus States, to equitably distribute the total needed amount among those surplus States, and to meet the immediate needs for those States projecting deficits. At the time of the publication of the interim final rule on August 26, 2005, the authorization for the QI benefit expired at the end of calendar year 2005, and no additional funds were appropriated for the QI benefit beyond September 30, 2005; therefore, the regulation specified a sunset at the end of calendar year 2005. C. Allotments for FY 2006 and FY 2007 On October 20, 2005 the “QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act of 2005” was enacted by the Congress (Pub. L. 109-91). In particular, section 101 of Public Law 109-91 extended the QI program through September 30, 2007 with no change in funding; that is, under this legislation $400 million per fiscal year is appropriated for each of FY 2006 and FY 2007. Under section 101(c), the provisions of section 101 of Public Law 109-91 were effective as of September 30, 2005. On April 28, 2006 we published an interim final rule with comment period in the **Federal Register** (71 FR 25085) which implemented the provisions of section 101 of Public Law 109-91 relating the QI program and QI allotments for FY 2006 and FY 2007. As indicated in that interim final rule, we believe that the clear intent of the statute is to provide benefits to eligible persons up to the full amount of funds made available for the program in each fiscal year. We recognized that because of the imprecision in data for computing the States' QI allotments for a fiscal year, some States may experience either surpluses or shortages in their FY 2006 and FY 2007 allotments. These FY 2006 and FY 2007 QI allotments attempt to compensate for the imprecision in data to permit shortage States to enroll more QIs than otherwise would have been possible. II. Provisions of the Final Rule We received no public comments on the April 28, 2006 interim final rule (71 FR 25085-25092). This final rule amends § 433.10(c) to specify the formula, data, and process to be used for determining and issuing States' QI allotments. This methodology and process provides for an adjustment in the amounts of the QI allotments preliminarily determined for the Medicaid payment of Medicare Part B premiums for qualifying individuals identified under section 1902(a)(10)(E)(iv) of the Act. Under the methodology and process described in this final rule for determining States' FY 2006 and FY 2007 QI allotments, “initial” FY 2006 and FY 2007 allotments are determined by applying U.S. Census Bureau data to the formula set forth in section 1933(c)(2) of the Act. The statute requires that the allocation of the fiscal year allotment be based upon a ratio of the amount of “total number of individuals described in section 1902(a)(10)(E)(iv) in the State” to the sum of these amounts for all States. Because this formula requires an estimate of an unknown number, that is, the number of individuals who could be QIs (rather than the number of individuals who were QIs in a previous period), our use of the Census Bureau data in the formula represents a proxy to attain the statutory number. Use of the Census Bureau data may yield an inappropriate distribution of the total appropriated funds resulting in significant shortfalls in the projected allotments for some States and significant surpluses by the end of the fiscal year for other States. Census Bureau data may not be sufficiently accurate for the purpose of projecting States' needs because the data cannot take into consideration all variables that contribute to QI eligibility and enrollment, such as resource levels and the application process itself. While section 1933 of the Act requires the Secretary to estimate the allocation of the allotments among the States, it does not preclude a subsequent readjustment of that allocation, when it becomes clear that the data used for that estimate did not effectuate the statutory objective. This final rule sets out the methodology and process we use for determining States' QI allotments for FY 2006 and FY 2007 that permits a redistribution of surplus funds to States whose allotments, determined based only on the formula in section 1933 of the Act, would be insufficient to meet their projected QI expenditures for the fiscal year. In this final rule, we are codifying the methodology and process we will use to approximate the statutory formula for determining State allotments and making adjustments in such allotment, as appropriate. In this final rule, we set forth a two step/two phase methodology/process for determining States' QI allotments for FY 2006 and FY 2007. Under the first step of phase one, an “initial” allocation is determined for each State under the formula specified in section 1933 of the Act and based only on the data obtained from the Census Bureau (the 3-year average of the number of Medicare beneficiaries in the State who are not enrolled in the Medicaid program but whose incomes are at least 120 percent of the FPL and less than 135 percent of the FPL). However, we further obtain States' projected QI expenditures for the fiscal year. We then compare the initial allocations for the fiscal year to the States' projected QI expenditures for the fiscal year to determine those States with a projected need (that is, those States whose initial allocation is less than their projected expenditures) or a projected surplus (that is, those States whose initial allocation is greater than the projected expenditures) for the fiscal year. Under the second step of the process, we adjust the States' initial allocations by considering the States' projected QI expenditures for the fiscal year. This would be done by proportionately reducing the QI allotments of States with surpluses for the fiscal year by the amount of the total need for States that do not have sufficient QI allotments for the fiscal year. In this final rule, we apply this methodology/process in two phases in each fiscal year. At the beginning of each fiscal year, we would determine the initial allocations based on the Census Bureau data, obtain States' projections of QI expenditures for the fiscal year, and make any adjustments based on the projected surpluses/needs for the fiscal year. The amount of the States' QI allotments determined under this first phase at the beginning of the fiscal year are considered the States' “preliminary” QI allotments for the fiscal year. Then, under phase two of the process during the fourth quarter of the fiscal year we obtain States' updated projected QI expenditures for the fiscal year. We then establish the “final” QI allotments for the fiscal year based on these updated projections. As indicated in this final rule, the States' final QI allotments for a fiscal year are determined by comparing the initial QI allotments for the fiscal year (again which are calculated based on the Census Bureau data) to the States' updated projections of QI expenditures for the fiscal year; this establishes those States with a “final” projected need (the initial allocation is less than the updated projected expenditures) or a surplus (initial allocation is greater than the updated projected expenditures) for the fiscal year. Using the updated projected QI expenditures, we adjust the States' initial allocations by reducing the surplus States' initial allotments proportionately to meet the need States' deficits. This is the same methodology we used for determining the FY 2005 allotments as published in the interim final rule published on August 26, 2005 in the **Federal Register** ; the only change was that in computing the FY 2006 and FY 2007 allotments, we are determining the preliminary allotments at the beginning of the fiscal year using States' preliminary projected QI expenditures, and then determining the final QI allotments later in the fiscal year using States' updated projected QI expenditures. The formula used to reallocate the available funds to need States is intended to minimize the impact on surplus States, to equitably distribute the total needed amount among those surplus States, and to meet the needs for those States projecting deficits. Since under Public Law 109-91, the authorization for the QI benefit expires at the end of calendar year 2007, and currently no funds have been appropriated for the QI benefit beyond September 30, 2007, this regulation will sunset at the end of calendar year 2007. Should the Congress authorize an extension of the QI benefit and appropriate additional funds for allocation among the States, we will amend the sunset date in this regulation to take into account any extension. The resulting initial allotments for FY 2006 are shown by State in the table below. In this table each column contains data defined as follows: Chart—Final FY 2006 Qualified Individuals Allotments *Column A—State.* Column A shows the name of each State. Columns B through D show the determination of the States' Initial FY 2006 QI Allotments, based only on Census Bureau data. *Column B—Number of Individuals.* Column B contains the estimated average number of Medicare beneficiaries for the years 2003 through 2005 who are not covered by Medicaid whose family income is between 120 and 135 percent of the poverty level for each State, in thousands, as obtained from the Census Bureau's Annual Social and Economic Supplement to the Current Population Survey through March of 2005. *Column C—Percentage of Total.* Column C provides the percentage of total number of individuals for each State, determined as the Number of Individuals for the State in Column B divided by the sum of the Number of Individuals for all States in Column B. *Column D—Initial QI Allotment.* Column D contains each State's Initial FY 2006 QI allotment, calculated as the State's Percentage of Total in Column C multiplied by $400,000,000, the total amount available for FY 2006 for all States. Columns E through J show the determination of the States' Final FY 2006 QI Allotments. *Column E—FY 2006 Estimated QI Expenditures.* Column E contains the States' most recent estimates of their total QI expenditures for FY 2006 requested from States in August 2006. *Column F—Need (Difference).* Column F contains the additional amount of QI allotment needed for those States whose estimated expenditures in Column E exceed their Initial FY 2006 QI allotments in Column D; for those States, Column E shows the amount in Column E minus the amount in Column D. For other States, Column F shows “NA.” *Column G—Reduction Pool for Non-Need States.* Column G contains the amount of the pool of surplus FY 2006 QI allotments for those States that project they will not need all of their FY 2006 QI allotments (referred to as non-need States). For States whose estimates of QI expenditures for FY 2006 in Column E are equal to or less than their Initial FY 2006 QI allotments in Column D, Column G shows the amount in Column D minus the amount in Column E. For the States with a need, Column G shows “Need.” The pool of excess QI allotments is equal to the sum of the amounts in Column G. *Column H—Percent of Total Non-Need States.* Column H shows the percentage of the total excess FY 2006 allotments for each Non-Need State, determined as the amount for each Non-Need State in Column G divided by the sum of the amounts for all States in Column G. *Column I—Reduction for Non-Need States.* Column I shows the amount of reduction to Non-Need States' Initial FY 2006 QI allotments in Column D in order to provide for the total need shown in Column F. The amount in Column I is determined as the percentage in Column H for Non-Need States multiplied by the sum of the need for all States from Column F. *Column J—Final FY 2006 QI Allotment.* Column J contains the Preliminary FY 2006 QI allotment for each State. For States that need additional amounts based on their FY 2006 Estimated QI Expenditures in Column E, Column J is equal to the Initial FY 2006 QI Allotment in Column D plus the amount of Need in Column F. For Non-Need States, Column J is equal to the Initial FY 2006 QI Allotment in Column D minus the amount in Column I. BILLING CODE 4120-01-P ER16OC06.007 Chart—Preliminary FY 2007 Qualified Individuals Allotments *Column A—State.* Column A shows the name of each State. Columns B through D show the determination of the States' Initial FY 2007 QI Allotments, based only on Census Bureau data. *Column B—Number of Individuals.* Column B contains the estimated average number of Medicare beneficiaries for the years 2004 through 2006 who are not covered by Medicaid whose family income is between 120 and 135 percent of the poverty level for each State, in thousands, as obtained from the Census Bureau's Annual Social and Economic Supplement to the Current Population Survey through March of 2006. *Column C—Percentage of Total.* Column C provides the percentage of total number of individuals for each State, determined as the Number of Individuals for the State in Column B divided by the sum of the Number of Individuals for all States in Column B. *Column D—Initial QI Allotment.* Column D contains each State's Initial FY 2007 QI allotment, calculated as the State's Percentage of Total in Column C multiplied by $400,000,000, the total amount available for FY 2007 for all States. Columns E through J show the determination of the States' Preliminary FY 2007 QI Allotments. *Column E—FY 2007 Estimated QI Expenditures.* Column E contains the States' most recent estimates of their total QI expenditures for FY 2007 requested from States in August 2006. *Column F—Need (Difference).* Column F contains the additional amount of QI allotment needed for those States whose estimated expenditures in Column E exceed their Initial FY 2007 QI allotments in Column D; for such States, Column E shows the amount in Column E minus the amount in Column D. For other States, Column F shows “NA.” *Column G—Reduction Pool for Non-Need States.* Column G contains the amount of the pool of surplus FY 2007 QI allotments for those States that project they will not need all of their FY 2007 QI allotments (referred to as non-need States). For States whose estimates of QI expenditures for FY 2007 in Column E are equal to or less than their Initial FY 2007 QI allotments in Column D, Column G shows the amount in Column D minus the amount in Column E. For the States with a need, Column G shows “Need.” The pool of excess QI allotments is equal to the sum of the amounts in Column G. *Column H—Percent of Total Non-Need States.* Column H shows the percentage of the total excess FY 2007 allotments for each Non-Need State, determined as the amount for each Non-Need State in Column G divided by the sum of the amounts for all States in Column G. *Column I—Reduction for Non-Need States.* Column I shows the amount of reduction to Non-Need States' Initial FY 2007 QI allotments in Column D in order to provide for the total need shown in Column F. The amount in Column I is determined as the percentage in Column H for Non-Need States multiplied by the sum of the need for all States from Column F. *Column J—Preliminary FY 2007 QI Allotment.* Column J contains the Preliminary FY 2007 QI allotment for each State. For States that need additional amounts based on their FY 2007 Estimated QI Expenditures in Column E, Column J is equal to the Initial FY 2007 QI Allotment in Column D plus the amount of Need Column F. For Non-Need States, Column J is equal to the Initial FY 2007 QI Allotment in Column D minus the amount in Column I. BILLING CODE 4120-01-P ER16OC06.008 BILLING CODE 4120-01-C III. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 35). IV. Regulatory Impact Statement 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). 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 for 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. This final rule codifies our procedures for implementing provisions of the Balanced Budget Act of 1997 to allocate, among the States, Federal funds to provide Medicaid payment for Medicare Part B premiums for low-income Medicare beneficiaries. The total amount of Federal funds available during a Federal fiscal year and the formula for determining individual State allotments are specified in the law. We have applied the statutory formula for the State allotments. Because the data specified in the law were not initially available, we used comparable data from the U.S. Census Bureau on the number of possible qualifying individuals in the States. This rule also permits, in a specific circumstance, reallocation of funds to enable enrollment of all eligible individuals to the extent of the available funding. We believe that the statutory provisions implemented in this final rule will have a positive effect on States and individuals. Federal funding at the 100 percent matching rate is available for Medicare cost-sharing for Medicare Part B premium payments for qualifying individuals and, with the reallocation of the State allotments, a greater number of low-income Medicare beneficiaries will be eligible to have their Medicare Part B premiums paid under Medicaid. The changes in allotments will not result in fewer individuals receiving the QI benefit in any State. The FY 2006 and FY 2007 costs for this provision have been included in the FY 2007 President's Budget. Section 1102(b) of the Social Security Act requires us to prepare a regulatory impact analysis for any rule that may have a significant impact on the operations of a substantial number of small rural hospitals. The 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 a Core-Based Statistical Area and has fewer than 100 beds. We are not preparing analyses for either the RFA or section 1102(b) of the Act because we have determined and certify that this final rule will not have a significant economic impact on a substantial number of small entities or 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 that may result in expenditure in any 1 year by State, local, or tribal governments, in the aggregate, or by the private sector, of $110 million. This rule will have no consequential effect on the governments mentioned or on the private sector. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a rule that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has federalism implications. Since this regulation does not impose any costs on State or local governments, the requirements of E.O. 13132 are not applicable. In accordance with the provisions of Executive Order 12866, this final rule was reviewed by the Office of Management and Budget. List of Subjects in 42 CFR Part 433 Administrative practice and procedure, Child support, Claims, Grant programs—health, Medicaid, Reporting and recordkeeping requirements. PART 433—STATE FISCAL ADMINISTRATION Accordingly, the interim final rule amending 42 CFR part 433, which was published at 71 FR 25085 on April 28, 2006, is adopted as final. Authority: Sections 1902(a)(10), 1933 of the Social Security Act (42 U.S.C. 1396a), and Public Law 105-33. (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) Dated: September 19, 2006. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. Approved: September 28, 2006. Michael O. Leavitt, Secretary. [FR Doc. E6-17033 Filed 10-13-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044-6044-01; I.D. 101106A] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Offshore Component in the Western Regulatory Area of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by non-American Fisheries Act

(AFA)crab vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2006 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the offshore component of the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 12, 2006, until 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska

(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2006 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the offshore component is 412 mt for the Western Regulatory Area of the GOA, as established by the 2006 and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, March 3, 2006). In accordance with § 680.22(e)(2)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2006 harvest limit of Pacific cod apportioned to non-AFA crab vessels catching Pacific cod for processing by the offshore component of the Western Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a sideboard directed fishing allowance for Pacific cod as 402 mt in the Western Regulatory Area. The remaining 10 mt in the Western Regulatory Area will be set aside as bycatch to support other anticipated groundfish fisheries. In accordance with § 680.22(e)(3), the Regional Administrator finds that this sideboard directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by non-AFA crab vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and

(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the sideboard directed fishing closure of Pacific cod apportioned to non-AFA crab vessels catching Pacific cod for processing by the offshore component of the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 10, 2006. The AA also finds good cause to waive the 30 day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 680.22 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: October 11, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-8707 Filed 10-11-06; 2:38 pm]

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