Unknown. Affirmation of interim rule as final rule

8,525 words·~39 min read·/register/2007/09/24/07-4658·

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-2007-09-24.xml --- 72 184 Monday, September 24, 2007 Contents Editorial Note: In the printed version of the **Federal Register** Table of Contents for Friday, September 21, 2007, the page numbers for all entries were inadvertently replaced with **Federal Register** document numbers. A corrected Table of Contents for the September 21, 2007, issue appears after the Reader Aids section at the back of today's **Federal Register.** Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Mexican fruit fly, 54207 E7-18762 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.: National Center for Injury Prevention and Control Initial Review Group, 54269 E7-18748 Radiation and Worker Health Advisory Board, 54269 E7-18749 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Nawiliwili Harbor, Kauai, HI, 54214 E7-18783 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Privacy Act; systems of records, 54239 E7-18750 Defense Defense Department RULES Civilian health and medical program of uniformed services (CHAMPUS): TRICARE dental Program— Basic benefit descriptions and administrative corrections, 54212-54214 07-4658 NOTICES Manual for Courts-Martial; amendments, 54246-54249 E7-18787 Meetings:

Defense Science Board, 54249 07-4707 Drug Drug Enforcement Administration RULES Schedules of controlled substances: Oripavine; designation as basic class in Schedule II, 54208-54210 E7-18524 PROPOSED RULES Schedules of controlled substances: Tetrahydrocannabinols; Schedule III listing; technical amendment, 54226-54230 E7-18714 NOTICES Registration revocations, restrictions, denials, reinstatements: Desonia, Andrew, M.D., 54293-54296 E7-18775 Glisson, Brenton D., M.D., 54296-54297 E7-18776 Wang, David W., M.D., 54297-54298 E7-18778 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 54249-54250 E7-18726 Employment Employment and Training Administration NOTICES Grant and cooperative agreement awards:

Rural Industrialization Loan and Grant Program; compliance certification requests, 54298-54299 E7-18708 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Superfund program: National oil and hazardous substances contingency plan priorities list, 54230-54232 E7-18579 NOTICES Meetings: Science Advisory Board, 54255-54257 E7-18813 Executive Executive Office of the President See Science and Technology Policy Office Export Export-Import Bank NOTICES Meetings:

Sub-Saharan Africa Advisory Committee, 54260 07-4700 FAA Federal Aviation Administration NOTICES Air traffic operating and flight rules, etc.: John F. Kennedy International, and Newark Liberty International Airport; international arrival authorizations for summer 2008 season; submission deadlines, 54317-54318 07-4711 FCC Federal Communications Commission RULES Common carrier services: Universal Service Fund; measures to safeguard against waste, fraud, and abuse; measures to improve management, administration and oversight, 54214-54219 E7-18711 NOTICES Agency information collection activities; proposals, submissions, and approvals, 54260-54263 E7-18712 E7-18779 Meetings:

North American Numbering Council, 54263-54264 E7-18694 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 54264-54266 E7-18735 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 54250-54255 E7-18737 E7-18754 E7-18755 *Applications, hearings, determinations, etc.:* Texas Gas Transmission, LLC, et al, 54250 E7-18741 Federal Highway Federal Highway Administration RULES Engineering and traffic operations:

Construction quality assurance procedures— Roadside safety hardware acceptance; crash test laboratory accreditation requirements, 54210-54212 E7-18725 NOTICES Environmental statements; notice of intent: Dickson County, TN; proposed highway project, 54318 E7-18796 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 54266-54267 E7-18723 E7-18734 E7-18736 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent:

Van Ness Avenue Bus Rapid Transit Project; CA, 54318-54321 07-4713 Fish Fish and Wildlife Service NOTICES Coastal Barrier Improvement Act of 1990: John H. Chafee Coastal Barrier Resources System; map distribution and availability, 54278-54279 E7-18795 Endangered and threatened species: Recovery plans— Western snowy plover; Pacific Coast population, 54279-54280 E7-18638 Environmental statements; notice of intent: Supawna Meadows National Wildlife Refuge, NJ; comprehensive conservation plan, 54280-54281 E7-18740 Environmental statements; record of decision:

Cabeza Prieta National Wildlife Refuge, AZ; comprehensive conservation plan, 54281-54283 07-4715 Food Food and Drug Administration RULES Biological products: Blood, blood components, and source plasma; requirements— Correction, 54208 E7-18799 PROPOSED RULES Biological products: Blood, blood components, and source plasma; requirements— Correction, 54226 E7-18802 Forest Forest Service NOTICES Reports and guidance documents; availability, etc.: Wind energy development on National Forest Service

(NFS)lands; proposed directives, 54233-54239 E7-18715 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: Afghanistan; baccalaureate nursing education and Public Health Ministry nursing board development for registration and licensure Cancellation, 54267-54268 E7-18763 Afghanistan; maternal-child health basic medical education and obstetrics and gynecology clinical and refresher training for physicians Cancellation, 54268 E7-18756 Meetings: Human Research Protections Advisory Committee, 54268 E7-18757 National Vaccine Advisory Committee, 54268-54269 E7-18758 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Brownfields Economic Development Initiative, 54324-54339 07-4702 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Stainless steel sheet and strip in coils from— Korea, 54239-54240 E7-18782 Reports and guidance documents; availability, etc.: Clean Energy Trade Mission; China and India, 54240-54242 07-4681 International International Trade Commission NOTICES Import investigations: Ground fault circuit interrupters and products containing same, 54291-54292 E7-18753 Justice Justice Department See Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54292-54293 E7-18780 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Recreation management restrictions, etc.: Indian Creek Canyon, UT; off-highway vehicle use restrictions, 54283 E7-18621 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 54283-54285 E7-18643 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 54299 07-4724 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 54299 E7-18786 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 54269-54270 E7-18772 Inventions, Government-owned; availability for licensing, 54270-54274 E7-18774 E7-18798 Meetings: National Heart, Lung, and Blood Institute, 54274 07-4708 National Institute of Allergy and Infectious Diseases, 54274 07-4710 Novel Ligands for Diagnostic Imaging Radioimmunotherapy; public teleconference, 54274-54275 E7-18771 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico reef fish, 54223-54225 E7-18785 Magnuson-Stevens Act provisions— Bering Sea and Aleutian Islands non-pollock groundfish; industry fee system, 54219-54223 E7-18788 NOTICES Coastal zone management programs and estuarine sanctuaries: State programs— Great Bay National Estuarine Research Reserve, NH; management plan and boundary expansion, 54242-54243 E7-18773 Committees; establishment, renewal, termination, etc.: Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council, 54243 07-4706 Monitor National Marine Sanctuary Advisory Committee, 54244 07-4705 Meetings: Marine Protected Areas Federal Advisory Committee, 54244 07-4704 Reports and guidance documents; availability, etc.: U.S. Climate Change Science Program Synthesis and Assessment Draft Prospectus 2.3, 54244-54245 E7-18790 E7-18818 National Park National Park Service NOTICES National Register of Historic Places; pending nominations, 54285 E7-18724 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 54300-54301 07-4712 Nuclear Nuclear Regulatory Commission RULES Byproduct material; medical use: Corrections and clarifications, 54207-54208 E7-18743 NOTICES *Applications, hearings, determinations, etc.:* FirstEnergy Nuclear Operating Co., 54301 E7-18742 Occupational Occupational Safety and Health Review Commission NOTICES Privacy Act; systems of records, 54301-54303 E7-18746 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 54245-54246 E7-18739 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Walker River Basin Acquisitions Program, Mineral, Lyon, and Douglas Counties, NV; scoping meetings, 54285-54286 E7-18738 Grants and cooperative agreements; availability, etc.: Navajo Power Marketing Plan, 54286-54291 E7-18744 Science Science and Technology Policy Office NOTICES Multiple principal investigators on Federally funded research projects; agency recognition, 54257-54260 07-4638 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 54303-54304 E7-18727 Chicago Board Options Exchange, Inc., 54304-54312 E7-18728 E7-18729 E7-18730 New York Stock Exchange, LLC, 54313-54314 E7-18766 SBA Small Business Administration NOTICES Loan programs: Export Express Pilot Program; extension, 54314 E7-18759 Meetings: Audit and Financial Management Advisory Committee, 54314 E7-18760 State State Department NOTICES Culturally significant objects imported for exhibition: Arts of Kashmir; correction, 54314-54315 E7-18765 Lawrence Weiner: As Far as the Eye Can See, 54315 E7-18770 Surface Surface Transportation Board NOTICES Railroad services abandonment: Illinois Central Railroad Co., 54321-54322 E7-18761 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Surface Transportation Board NOTICES Organization, functions, and authority delegations: Migration to the FDMS (Federal Docket Management System); easy access to public dockets maintained by Federal agencies, 54315-54317 07-4709 Customs U.S. Customs and Border Protection NOTICES Environmental statements; notice of intent: Border Patrol Office; tactical infrastructure construction, operation, etc.— Rio Grande Valley sector, 54276-54277 E7-18829 San Diego sector, 54277-54278 E7-18830 Separate Parts In This Issue Part II Housing and Urban Development Department, 54324-54339 07-4702 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. 72 184 Monday, September 24, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2007-0051] Mexican Fruit Fly; Removal of Quarantined Area AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the regulations by removing a portion of Webb County, TX, from the list of quarantined areas and by removing restrictions on the interstate movement of regulated articles from that area. The interim rule was necessary to relieve restrictions that were no longer needed to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. DATES: Effective on September 24, 2007, we are adopting as a final rule the interim rule published at 72 FR 34595-34596 on June 25, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, Domestic Coordinator, Fruit Fly Exclusion and Detection, PPQ, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737-1231;

(301)734-4387. SUPPLEMENTARY INFORMATION: Background In an interim rule 1 effective and published in the **Federal Register** on May 18, 2007 (72 FR 27949-27951, Docket No. APHIS-2007-0051), we amended the Mexican fruit fly regulations contained in 7 CFR 301.64 through 301.64-10 (referred to below as the regulations) by quarantining a portion of Webb County, TX, and restricting the interstate movement of regulated articles from the quarantined area. The May 2007 interim rule was necessary to prevent the spread of Mexican fruit fly into noninfested areas of the United States. Comments on the interim rule were required to be received on or before July 17, 2007. We did not receive any comments. 1 To view the interim rules, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0051.* In a second interim rule effective June 18, 2007, and published in the **Federal Register** on June 25, 2007 (72 FR 34595-34596, Docket No. APHIS-2007-0051), we amended the regulations by removing Webb County, TX, from the list of quarantined areas in § 301.64-3(c). That action relieved restrictions that were no longer necessary on the interstate movement of regulated articles from this area. Comments on the interim rule were required to be received on or before August 24, 2007. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the June 2007 interim rule as a final rule. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 72 FR 34595-34596 on June 25, 2007. Done in Washington, DC, this 18th day of September 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-18762 Filed 9-21-07; 8:45 am] BILLING CODE 3410-34-P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 32 and 35 RIN 3150-AI14 Medical Use of Byproduct Material—Minor Corrections and Clarifications AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule: Confirmation of effective date. SUMMARY: The Nuclear Regulatory Commission

(NRC)is confirming the effective date of October 29, 2007, for the direct final rule that was published in the **Federal Register** on August 13, 2007 (72 FR 45147). This direct final rule amended the NRC's regulations to correct or clarify the rule language in several sections in the regulations that govern specific domestic licenses to manufacture or transfer certain items containing byproduct material and medical use of byproduct material. DATES: The effective date of October 29, 2007 is confirmed for this direct final rule. ADDRESSES: Documents related to this rulemaking, including comments received, may be examined at the NRC Public Document Room, Room O-1F23, 11555 Rockville Pike, Rockville, MD 20852. These same documents are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/NRC/reading-rm/adams.html.* From this site, the public can gain entry into 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 PDR Reference staff at 1-800-397-4209, 301-415-4737. FOR FURTHER INFORMATION CONTACT: Edward M. Lohr, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone

(301)415-0253 (e-mail: *eml1@nrc.gov* ). SUPPLEMENTARY INFORMATION: On August 13, 2007 (72 FR 45147), the NRC published in the **Federal Register** a direct final rule amending its regulations in 10 CFR Parts 32 and 35 to correct or clarify the rule language in several sections in the regulations that govern specific domestic licenses to manufacture or transfer certain items containing byproduct material and medical use of byproduct material. In the direct final rule, NRC stated that if no significant adverse comments were received, the direct final rule would become final on October 29, 2007. The NRC did not receive any comments that warranted withdrawal of the direct final rule. Therefore, this rule will become effective as scheduled. Dated at Rockville, Maryland, this 18th day of September, 2007. For the Nuclear Regulatory Commission. Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration. [FR Doc. E7-18743 Filed 9-21-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 610 [Docket No. 2007N-0264] Revisions to the Requirements Applicable to Blood, Blood Components and Source Plasma; Correction AGENCY: Food and Drug Administration, HHS. ACTION: Direct final rule; correction. SUMMARY: The Food and Drug Administration is correcting a direct final rule that appeared in the **Federal Register** of August 16, 2007 (72 FR 45883). That document amended the biologics regulations by removing, revising, or updating specific regulations applicable to blood, blood components and Source Plasma to be more consistent with current practices in the blood industry and to remove unnecessary or outdated requirements. A proposal was published as a companion document to the direct final rule in the same issue of the **Federal Register** (August 16, 2007, 72 FR 45993). Both documents published with a typographical error in the codified section. This document corrects the error in the direct final rule. Elsewhere in this issue of the **Federal Register** we are correcting the error in the proposed rule. DATES: This correction is effective February 19, 2008. FOR FURTHER INFORMATION CONTACT: *For information regarding this correction* : Joyce Strong, Office of Policy (HF-27), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-7010. *For information regarding the direct final rule* : Stephen M. Ripley, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448, 301-827-6210. SUPPLEMENTARY INFORMATION: In FR Doc. E7-15943, appearing on page 45883, in the **Federal Register** of Thursday, August 16, 2007, the following correction is made: § 610.53 [Corrected] 1. On page 45887, in the amendment to § 610.53 *Dating periods for licensed biological products* , in the table in paragraph (c), “65° C” is corrected to read “-65° C” everywhere it appears. Dated: September 17, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-18799 Filed 9-21-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA-309F] Designation of Oripavine as a Basic Class of Controlled Substance AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Final Rule. SUMMARY: This is a final rule issued by the Drug Enforcement Administration

(DEA)designating oripavine (3- *O* -demethylthebaine or 6,7,8,14-tetradehydro-4,5- *alpha* -epoxy-6-methoxy-17-methylmorphinan-3-ol) as a basic class in schedule II of the Controlled Substances Act (CSA). Although oripavine was not previously listed in schedule II of the CSA, it has been controlled in the United States as a derivative of thebaine and, as such, is controlled as a schedule II controlled substance which includes “Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.” Oripavine is a derivative of thebaine, a natural constituent of opium, hence oripavine has been and continues to be, by virtue of the definition of “narcotic drug”, a schedule II controlled substance. International control of oripavine in schedule I of the 1961 Single Convention on Narcotic Drugs (1961 Convention) during the 50th session of the Commission on Narcotic Drugs

(CND)in 2007 prompted the DEA to specifically designate oripavine as a basic class of controlled substance in schedule II of the CSA. DATES: Effective September 24, 2007. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, by e-mail, *ode@dea.usdoj.gov* or by fax,

(202)353-1263. SUPPLEMENTARY INFORMATION: Oripavine Control Oripavine (3- *O* -demethylthebaine or 6,7,8,14-tetradehydro-4,5- *alpha* -epoxy-6-methoxy-17-methylmorphinan-3-ol) is the international non-proprietary name for a chemical substance which is chemically similar to thebaine. It is a phenanthrene alkaloid contained in various species of the genus *Papaver* and is a major metabolite of thebaine. Although oripavine was not previously listed in schedule II of the CSA, it has been controlled in the United States as a derivative of thebaine and, as such, is controlled under 21 U.S.C. 812(c) Schedule II (a)(1) which includes “Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.” Oripavine is a derivative of thebaine, a natural constituent of opium, hence oripavine has been and continues to be, by virtue of the definition of “narcotic drug”, a schedule II controlled substance (21 U.S.C. 802(17)(A); 21 CFR 1308.12(b)(1)(17)). Oripavine is easily converted into thebaine and thebaine, in turn, is convertible into morphine and morphine derivatives. Both thebaine and morphine are opiates and are controlled under schedule I of the 1961 Single Convention on Narcotic Drugs (1961 Convention): Morphine for its abuse potential and thebaine for its convertibility into morphine derivatives. DEA's Authority To Control Oripavine This order is prompted by a letter dated June 27, 2007, in which the United States Government was informed by the Secretary-General of the United Nations that oripavine has been added to schedule I of the 1961 Convention. This letter was prompted by a decision at the 50th session of the CND in March 2007 to schedule oripavine under schedule I of the 1961 Convention. As a signatory Member State to the 1961 Convention, the United States is obligated to control oripavine under national drug control legislation, i.e., the Controlled Substances Act (CSA). Oripavine is currently controlled domestically in schedule II of the CSA as a thebaine derivative and as such, all regulations and criminal sanctions applicable to schedule II substances have been and remain applicable to oripavine. Drugs controlled in schedule II of the CSA satisfy the requirements of schedule I control under the 1961 Convention. This action has the net effect of listing oripavine as a basic class of controlled substance in schedule II. This action will allow DEA to establish an aggregate production quota and grant individual manufacturing and procurement quotas to DEA registered manufacturers of oripavine who had previously been granted individual quotas for such purposes under the basic class of thebaine. Regulatory Certifications Administrative Procedure Act The Administrative Procedure Act

(APA)generally requires agencies to publish a notice of proposed rulemaking and allow for a period of public comment prior to implementing new rules. The APA also provides, however, that agencies can be excepted from these requirements when “the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(B). DEA has concluded that “good cause” exists to promulgate this rule as a final rule rather than a proposed rule in order to be in compliance with international treaty obligations to control oripavine under the CSA, as a basic class of controlled substance in schedule II. Furthermore, DEA concludes that this procedure is unnecessary since oripavine is already subject to domestic control under schedule II as a derivative of thebaine and no additional requirements are being imposed through this action. Since DEA is without authority to revise this rule based on public comments, DEA finds that notice and opportunity for comment are unnecessary under the APA. 5 U.S.C. 553(b)(B). Further, the APA permits an agency to make a rule effective upon the date of publication if the agency makes a finding of good cause which is published with the rule (5 U.S.C. 553(d)(3)). As oripavine is already subject to domestic control under schedule II and no additional requirements are being imposed through this action, DEA believes that delaying the effective date of this rule could cause confusion regarding the regulatory status of oripavine. Oripavine is currently controlled as a schedule II controlled substance, and this level of control does not change with this rulemaking. Accordingly, DEA finds that good cause exists to justify an immediate effective date. Regulatory Flexibility Act This action will not have a significant economic impact on a substantial number of entities whose interests must be considered under the Regulatory Flexibility Act (5 U.S.C. 601-612). At present, there are less than ten DEA registrants that are impacted by this rule. Additionally, DEA notes that these same entities currently meet the regulatory responsibilities under the CSA for schedule II as it pertains to this substance due to oripavine's control as a thebaine derivative prior to this action. Executive Order 12866 In accordance with the provisions of the CSA (21 U.S.C. 811(a)), this action is a formal rulemaking ”on the record after opportunity for a hearing.” Such proceedings are conducted pursuant to the provisions of 5 U.S.C. 556 and 557 and, as such, are exempt from review by the Office of Management and Budget pursuant to Executive Order 12866, section 3(d)(1). Executive Order 12988—Civil Justice Reform This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. Executive Order 13132 Federalism This rulemaking does not preempt or modify any provision of state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of Executive Order 13132. Unfunded Mandates Reform Act This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $120,000,000 or more (adjusted for inflation) in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act). This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of the United States-based companies to compete with foreign-based companies in domestic and export markets. List of Subjects in 21 CFR Part 1308 Administrative practice and procedure, Drug traffic control, Narcotics, Prescription drugs. Under the authority vested in the Attorney General by Section 201(d)(1) of the CSA (21 U.S.C. 811(d)(1)), and delegated to the Administrator of the DEA by the Department of Justice regulations (28 CFR 0.100) and redelegated to the Deputy Administrator pursuant to 28 CFR 0.104, Appendix to Subpart R, Section 12, the Deputy Administrator hereby amends 21 CFR part 1308 as follows: PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for part 1308 continues to read as follows: Authority: 21 U.S.C. 811, 812, 871(b), unless otherwise noted. 2. Section 1308.12 is amended by revising the table in paragraph (b)(1) to read as follows: § 1308.12 Schedule II.

(b)* * *

(1)* * *

(i)Codeine 9050

(ii)Dihydroetorphine 9334

(iii)Ethylmorphine 9190

(iv)Etorphine hydrochloride 9059

(v)Granulated opium 9640

(vi)Hydrocodone 9193

(vii)Hydromorphone 9150

(viii)Metopon 9260

(ix)Morphine 9300

(x)Opium extracts 9610

(xi)Opium fluid 9620

(xii)Oripavine 9335

(xiii)Oxycodone 9143

(xiv)Oxymorphone 9652

(xv)Powdered opium 9639

(xvi)Raw opium 9600

(xvii)Thebaine 9333 (xviii) Tincture of opium 9630 Dated: September 13, 2007. Michele M. Leonhart, Deputy Administrator. [FR Doc. E7-18524 Filed 9-21-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 637 [FHWA Docket No. FHWA-2006-26501] RIN 2125-AF21 Crash Test Laboratory Requirements for FHWA Roadside Safety Hardware Acceptance AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Final Rule. SUMMARY: The FHWA is revising its regulation that establishes the general requirements for quality assurance procedures for construction on all Federal-aid highway projects on the National Highway System (NHS). 1 Specifically, the FHWA will require accreditation of laboratories that conduct crash tests on roadside hardware by an accrediting body that is recognized by the National Cooperation for Laboratory Accreditation (NACLA) or is a signatory to an International Laboratory Accreditation Cooperation

(ILAC)Mutual Recognition Arrangement (MRA), an Asia Pacific Laboratory Accreditation Cooperation (APLAC) MRA, or another comparable accreditation body approved by FHWA. This rule will improve the agency's ability to determine that crash test laboratories are qualified to conduct and evaluate tests intended to determine the crashworthiness of roadside safety features. Laboratory accreditation is widely recognized as a reliable indicator of technical competence. 1 The National Highway System

(NHS)includes the Interstate Highway System as well as other roads important to the Nation's economy, defense, and mobility. See 23 U.S.C. 103(b). The NHS was developed by the U.S. Department of Transportation

(DOT)in cooperation with the States, local officials, and metropolitan planning organizations (MPOs). DATES: Effective October 24, 2007. FOR FURTHER INFORMATION CONTACT: Matt Lupes, Office of Safety Design, HSSD,

(202)366-6994, Nicholas Artimovich, Office of Safety Design, HSSD,

(202)366-1331, or Raymond Cuprill, Office of the Chief Counsel,

(202)366-0791, Federal Highway Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access This document, the notice of proposed rulemaking (NPRM), and all of the comments received may be viewed online through the Document Management System

(DMS)at *http://dms.dot.gov.* The DMS is available 24 hours each day, 365 days each year. Electronic submission and retrieval help and guidelines are available under the help section of the Web site. An electronic copy of this document may also be downloaded by accessing the Office of the Federal Register's home page at *http://www.archives.gov* or the Government Printing Office's Web page at *http://www.gpoaccess.gov/nara.* Background Section 109(c) of title 23, United States Code, as amended by section 304 of the National Highway System Designation Act of 1995 (Pub. L. 104-59; 109 Stat. 188; Nov. 28, 1995), requires the Secretary, in cooperation with the State transportation departments, to approve design and construction standards on the NHS, regardless of funding source. These design standards include not only elements pertaining to the roadway itself, but also to any appurtenances installed along the roadway, such as traffic barriers (roadside and median barriers, and bridge railings), sign and luminaire supports and crash cushions. The FHWA proposed to amend 23 CFR 637.209 by adding 637.209(a)(5) that would require all laboratories that perform crash testing for acceptance of roadside safety hardware to be accredited by an accreditation body that is recognized by NACLA or is a signatory to the APLAC MRA, ILAC MRA, or another comparable accreditation body approved by FHWA. To FHWA's knowledge, NACLA and the laboratory accreditation bodies that are members of ILAC and APLAC are the only laboratory accreditation bodies that exist. Information on accrediting bodies that are signatories to APLAC's MRA and ILAC's MRA, including estimated costs and application procedures for laboratory accreditation, can be found at their respective Web sites *http://www.aplac.org* and *http://www.ilac.org;* similar information on NACLA's accrediting bodies can be found at *http://nacla.net.* Formal accreditation assesses factors such as the technical competency of laboratory personnel, the validity of test methods, the calibration and maintenance of test equipment, and the quality assurance of calibration and test data. Laboratory accreditation will be assessed according to the current International Standard ISO/IEC 17025:2005, General Requirements for the Competence of Testing and Calibration of Laboratories. The ISO/IEC 17025:2005 standard is divided into management and technical requirements that ensure the competence of the laboratory to produce valid data and results. Many other countries require organizations and testing laboratories to be accredited to the ISO/IEC 17025 standard for any test results used for establishing compliance. The FHWA acknowledges the ISO/IEC 17025:2005 standard as the benchmark for assessing the competence of the testing and calibration laboratories. This final rule provides a 2-year phase-in period from the date of issuance to allow adequate time to prepare documentation and budgeting for formal accreditation. Based on the experience of the two accredited labs in the U.S., we estimate that adequate preparation for accreditation could vary depending on the size of the labs and could take 2 to 6 months. Discussion of Comments Received to the Notice of Proposed Rulemaking

(NPRM)On April 9, 2007, the FHWA published a NPRM in the **Federal Register** at 72 FR 17447 to provide an opportunity for public comment on the proposed addition to 23 CFR 637.209. In response to the NPRM, the FHWA received comments to the docket from one State Transportation Agency (Minnesota) and one private company (Transport Research Laboratory). Both comments to the docket expressed support for adopting this final rule. The FHWA received no other comments on this rulemaking and therefore adopts the regulation as proposed in the NPRM. Rulemaking Analyses and Notices Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures The FHWA has determined that this action would not be a significant regulatory action within the meaning of Executive Order 12866 and would not be significant within the meaning of U.S. Department of Transportation regulatory policies and procedures. It is anticipated that the economic impact of this rulemaking would be minimal. Currently, two of the test laboratories in the U.S. are already accredited and this regulation has no effect on those entities. The two currently accredited laboratories, E-Tech Testing Services Incorporated in Rocklin, California and Safe Technologies Incorporated in Rio Vista, California provided an estimate of direct time and costs incurred to receive initial accreditation as 480 to 960 person-work hours to prepare documentation and $9,000 in direct costs. The initial fee of $9,000 included a one-time registration fee of $5,000, a 3-day on-site assessment visit costing $3,000, and materials and equipment costs of $1,000. It is expected that the amount of person work hours and costs associated with document preparation will vary depending on the size of the laboratory and the extent to which its operating procedures are already formalized. We believe that the time and cost to gain accreditation is not a burden. Laboratory accreditation renewal is required bi-annually and includes an annual review. The two laboratories mentioned above cite recurring annual costs of maintaining formal accreditation to be 160 person work hours and only $3,000 annually. This rulemaking provides a 2-year phase-in period from the date of issuance to allow adequate time to prepare documentation and budgeting for formal accreditation. We believe that 2 years is more than adequate time for laboratories to obtain the necessary accreditation. The FHWA expects that this rule will not adversely affect, in a material way, any sector of the economy. In addition, this rule would not interfere with any action taken or planned by another agency and would not materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. Consequently, a full regulatory evaluation is not required. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612), the FHWA has evaluated the effects of this action on small entities, including small governments. The FHWA certifies that this action would not have a significant economic impact on a substantial number of small entities. There are about ten agencies that test roadside hardware for crashworthiness and two of these have already been certified under the requirements of this final rule. Estimated time and cost for an initial certification is 3 days on-site and $9,000. Re-certification is required bi-annually at an estimated annual cost of $3,000. Executive Order 13132 (Federalism) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, dated August 4, 1999, and the FHWA has determined that this action would not have a substantial direct effect or sufficient federalism implications on States and local governments that would limit the policy making discretion of the States and local governments. Unfunded Mandates Reform Act This rule would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995; 109 Stat. 48). This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $128.1 million or more in any one year (2 U.S.C. 1532). Paperwork Reduction Act Under the Paperwork Reduction Act of 1995

(PRA)(44 U.S.C. 3501, *et seq.* ), Federal agencies must obtain approval from the Office of Management and Budget

(OMB)for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that this action does not contain a collection of information requirement for the purposes of the PRA. Executive Order 12988 (Civil Justice Reform) This action meets applicable standards in Sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, to eliminate ambiguity, and to reduce burden. Executive Order 13045 (Protection of Children) The FHWA has analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This is not an economically significant action and does not concern an environmental risk to health or safety that may disproportionately affect children. Executive Order 12630 (Taking of Private Property) This action would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Executive Order 13211 (Energy Effects) The FHWA has analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that this is not a significant energy action under this order because it is not a significant regulatory action under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects under Executive Order 13211 is not required. Executive Order 13175 (Tribal Consultation) Since none of the existing test laboratories are owned, operated, or in any way controlled by Indian tribes, the FHWA believes that it will not have any direct effects on one or more Indian tribes; will not impose substantial direct compliance costs on Indian tribal governments; and will not preempt tribal law. Therefore, a tribal summary impact statement is not required. National Environmental Policy Act The agency has analyzed this action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) and has determined that it would not have any effect on the quality of the environment. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.* , specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule uses voluntary consensus standards. Regulation Identification Number A regulation identification number

(RIN)is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 637 Construction inspection and approval; Highways and roads. Issued on: August 6, 2007. J. Richard Capka, Federal Highway Administrator. In consideration of the foregoing, the FHWA amends title 23, Code of Federal Regulations, part 637, as set forth below: PART 637—CONSTRUCTION INSPECTION AND APPROVAL 1. The authority citation for part 637 continues to read as follows: Authority: Sec. 1307, Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 109, 114, and 315; 49 CFR 1.48(b). 2. In § 637.209, add paragraph (a)(5) to read as follows: § 637.209 Laboratory and sampling and testing personnel qualifications.

(a)* * *

(5)After September 24, 2009, laboratories that perform crash testing for acceptance of roadside hardware by the FHWA shall be accredited by a laboratory accreditation body that is recognized by the National Cooperation for Laboratory Accreditation (NACLA), is a signatory to the Asia Pacific Laboratory Accreditation Cooperation (APLAC) Mutual Recognition Arrangement (MRA), is a signatory to the International Laboratory Accreditation Cooperation

(ILAC)Mutual Recognition Arrangement (MRA), or another accreditation body acceptable to FHWA. [FR Doc. E7-18725 Filed 9-21-07; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF DEFENSE Office of the Secretary [DOD-2006-HA-0210] RIN 0720-AB12 32 CFR Part 199 TRICARE; TRICARE Retiree Dental Program

(TRDP)Basic Benefit Descriptions and Administrative Corrections AGENCY: Office of the Secretary, DoD. ACTION: Final rule. SUMMARY: This final rule amends TRICARE Retiree Dental Program

(TRDP)Basic benefit descriptions by replacing specific American Dental Association

(ADA)dental procedure codes and nomenclature with general benefit categories and descriptions. This revision is necessary to keep the regulation current, since dental procedure codes are added, revised, and deleted on a regular basis. This final rule does not change or eliminate any benefits that are currently available under the TRDP program. This final rule also revises several incorrect, obsolete, or historical terms pertaining to the TRICARE program, and removes an inaccurate statement regarding appeals and grievances. DATES: *Effective Date:* October 24, 2007. ADDRESSES: TRICARE Management Activity, 16401 East Centretech Parkway, Aurora, CO 80011-9066. FOR FURTHER INFORMATION CONTACT: Debra Hatzel, Program Requirements Division, TRICARE Management Activity, telephone

(303)676-3572. SUPPLEMENTARY INFORMATION: 1. Introduction and Background A. Provisions of the Rule Regarding Dental Procedure Codes and Nomenclature. This final rule amends TRICARE Retiree Dental Program

(TRDP)Basic benefit descriptions by removing specific American Dental Association

(ADA)dental procedure codes and nomenclature, and replacing them with general benefit categories and descriptions from the most recent Current Dental Terminology

(CDT)Manual (CDT-2005). This action is required because dental procedure codes and nomenclature are added, revised, and deleted by the ADA every two years; when this occurs, the regulation must also be revised to reflect the new codes and nomenclature. Maintaining specific procedure codes and nomenclature in the regulation is unnecessary, since the TRDP contract and TRDP marketing materials (available at *http://www.tricare.osd.mil/dental/dm2.cfm* ) already contain detailed benefit descriptions. Also, the TRDP contractor and enrollees are notified when the Government directs any changes to TRDP benefits, limits, or exclusions. The TRDP contract and TRDP marketing materials will continue to be the primary vehicles for communicating specific benefit information to the TRDP contractor and beneficiaries. Removal of specific procedure codes and nomenclature from this section does not change or eliminate any benefits that are currently available under the TRDP. The general categories of benefits that are listed in this final rule will be adjusted periodically to conform to the current CDT Manual. Although there are many similarities between the TRDP and the TRICARE Dental Program (TDP), the benefits are not identical. Also, there are different dental benefits available under the TRDP Basic program and the TRDP Enhanced program. The general benefit categories in this TRDP final rule differ from the TDP benefit categories listed in 32 CFR Part 199.13. This variance exists because some of the benefits offered under the TDP are not benefits under the TRDP Basic program (e.g., prosthodontic and orthodontic services), and because the TDP benefit categories were derived from an earlier version of the CDT Manual. B. Provisions of the Rule Regarding the Administrative Correction of Incorrect, Obsolete, or Historical Terms and Inaccurate Information. The proposed rule addressed the revision of several incorrect, obsolete or historical terms that appear in the regulation. Specifically, ``Director, OCHAMPUS'' was proposed to be amended to ``Director, TRICARE Management Activity''; ``Assistant Secretary of Defense (Human Affairs)'' was proposed to be amended to “Assistant Secretary of Defense (Health Affairs)”; ``Active Duty Dependents Dental Program'' was proposed to be amended to ``TRICARE Dental Program''; ``CHAMPUS'' was proposed to be amended to ``TRICARE/CHAMPUS''; and ``OCHAMPUS'' was proposed to be amended to ``TRICARE Management Activity.'' Subsequent to the publication of the proposed rule, TRICARE Management Activity identified a long-standing error in the regulation regarding appeals and grievances. Specifically, 32 CFR 199.22(k)(1) currently states, ``Appeal and hearing procedures. All levels of appeals and grievances established by the Contractor for internal review shall be exhausted prior to forwarding to OCHAMPUS for a final review. Procedures comparable to those established under Sec. 199.13(h) of this part shall apply.'' The first sentence in this paragraph is inaccurate. TRDP grievances are written complaints regarding non-appealable issues involving a perceived failure of a provider or contractor staff to furnish the expected level or quality of care (e.g., demeanor or behavior of providers or their staff). The TRDP contractor is responsible for the investigation and resolution of grievances; since they are not forwarded to TMA for ``final review'', the current CFR language is incorrect. Appeals involve decisions related to TRICARE benefits (e.g., denial of preauthorization for requested services, or denial of TRICARE payment for services received). Appeals are initially sent to the TRDP contractor for reconsideration. If the original denial is upheld (and the amount in dispute is $50 or more), the beneficiary may request a formal review by the TRICARE Management Activity. If the beneficiary is dissatisfied with the formal review decision (and the amount in dispute is $300 or more, the beneficiary may request that the TRICARE Management Activity schedule an independent hearing. Since there are two possible levels of action for appeals that are forwarded to the TRICARE Management Activity (not a single ``final review''), the current CFR language is incorrect. Therefore, the inaccurate sentence has been deleted in this final rule as an administrative correction. The current TRDP appeal and hearing procedures are comparable to those established under Sec. 199.13(h) as required by the regulation, and are unchanged by this rule. II. Public Comments The proposed rule was published in the **Federal Register** on November 27, 2006. We received no public comments. III. Regulatory Procedures Executive Order 12866 directs agencies to assess all costs and benefits available, regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Order classifies a rule as a significant regulatory action requiring review by the Office of Management and Budget if it meets any one of a number of specified conditions, including having an annual effect on the national economy of $100 million or more, creating a serious inconsistency or interfering with an action of another agency, materially altering the budgetary impact of entitlements or the right of entitlement recipients, or raising novel legal or policy issues. DoD has examined the economic, legal, and policy implications of this final rule and has concluded that is not a significant regulatory action. The changes set forth in the final rule are minor administrative revisions to the existing regulation which do not change the basic TRDP benefit structure. This is neither a significant regulatory action under Executive Order 12866, nor would it have a significant impact on small entities. Regulatory Flexibility Act

(RFA)requires that each Federal Agency prepare and make available for public comment, a regulatory flexibility analysis when the agency issues a Regulation which would have a significant impact on a substantial number of small entities. This final rule is not a major rule under the Congressional Review Act because its economic impact will be less than $100 million. Executive Order 13132 requires that each Federal Agency shall consult with State and local officials and obtain their input if a rule has federalism implications which have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have examined the impact of the final rule under Executive Order 13132 and it does not have policies that have federalism implications that would have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government; therefore, consultation with State and local officials is not required. In addition, this final rule does not impose new information collection requirements for purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3511). List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Individuals with disabilities, Military personnel. Accordingly, 32 CFR part 199 is amended as follows: PART 199—[AMENDED] 1. The authority citation for part 199 continues to read as follows: **Authority:** 5 U.S.C. 301; 10 U.S.C. chapter 55. 2. Section 199.22 is amended by revising the last sentence of paragraph (b)(1), paragraph (b)(4), paragraph (c), paragraph (d)(1)(v), the first sentence of paragraph (d)(4)(ii), paragraph

(f)introductory text, paragraph (f)(1) introductory text, paragraphs (f)(1)(i) through (f)(1)(vii), the first sentence of paragraph (f)(3), and paragraph (g); and by removing paragraph (f)(1)(viii), paragraph (f)(1)(ix), and the first sentence of paragraph

(k)to read as follows: §199.22 TRICARE Retiree Dental Program (TRDP).

(b)* * *

(1)* * * Additional services comparable to those contained in paragraph (e)(2) of §199.13 may be covered pursuant to benefit policy decisions made by the Director, TRICARE Management Activity, or designee.

(4)Except as otherwise provided in this section or by the Assistant Secretary of Defense (Health Affairs) or designee, the TRDP is administered in a manner similar to the TRICARE Dental Program under §199.13 of this part.

(c)Except as may be specifically provided in this section, to the extent terms defined in §199.2 and §199.13(b) are relevant to the administration of the TRICARE Retiree Dental Program, the definitions contained in §199.2 and §199.13(b) shall apply to the TRDP as they do to TRICARE/CHAMPUS and the TRICARE Dental Program.

(d)* * *

(1)* * *

(v)The unremarried surviving spouse and eligible child dependents of a deceased member who died while in status described in paragraph (d)(1)(i) or paragraph (d)(1)(ii) of this section; the unremarried surviving spouse and eligible child dependents who receive a surviving spouse annuity; or the unremarried surviving spouse and eligible child dependents of a deceased member who died while on active duty for a period of more than 30 days and whose eligible dependents are not eligible or no longer for the TRICARE Dental Program.

(4)* * *

(ii)*Enrollment period for enhanced benefits.* The initial enrollment period for enhanced benefit coverage described in paragraph (f)(2) of this section shall be established by the Director, TRICARE Management Activity, or designee, when such coverage is offered, to be a period of not less than 12 months and not more than 24 months. * * *

(f)*Plan benefits.* The Director, TRICARE Management Activity, or designee, may modify the services covered by the TRDP to the extent determined appropriate based on developments in common dental care practices and standard dental programs. In addition, the Director, TRICARE Management Activity, or designee, may establish such exclusions and limitations as are consistent with those established by dental insurance and prepayment plans to control utilization and quality of care for the services and items covered by the TRDP.

(1)The minimum TRDP benefit is basic dental care to include diagnostic services, preventive services, restorative services, endodontic services, periodontic services, oral surgery services, and other general services. The following is the minimum TRDP covered dental benefit:

(i)*Diagnostic services.*

(A)Clinical oral examinations.

(B)Radiographs and diagnostic imaging.

(C)Tests and laboratory examinations.

(ii)*Preventive services.*

(A)Dental prophylaxis.

(B)Topical fluoride treatment (office procedure).

(C)Sealants.

(D)Other preventive services.

(E)Space maintenance.

(iii)*Restorative services.*

(A)Amalgam restorations.

(B)Resin-based composite restorations.

(C)Other restorative services.

(iv)*Endodontic services.*

(A)Pulp capping.

(B)Pulpotomy and pulpectomy.

(C)Root canal therapy.

(D)Apexification and recalcification procedures.

(E)Apicoectomy and periradicular services.

(F)Other endodontic procedures.

(v)*Periodontic Services.*

(A)Surgical services.

(B)Periodontal services.

(vi)*Oral surgery.*

(A)Extractions.

(B)Surgical extractions.

(C)Alveoloplasty.

(D)Biopsy.

(E)Other surgical procedures.

(vii)*Other general services.*

(A)Palliative (emergenery) treatment of dental pain.

(B)Therapeutic drug injection.

(C)Other drugs and/or medicaments.

(D)Treatment of postsurgical complications.

(3)*Alternative course of treatment policy.* The Director, TRICARE Management Activity, or designee, may establish, in accordance with generally accepted dental benefit practices, an alternative course of treatment policy which provides reimbursement in instances where the dentist and TRDP enrollee select a more expensive service, procedure, or course of treatement than in customarily provided. * * *

(g)*Maximum coverage amounts.* Each enrollee is subject to an annual maximum coverage amount for non-orthodontic dental benefits and, if an orthodontic benefit is offered, a lifetime maximum coverage amount for orthodontics as established by the Director, TRICARE Management Activity, or designee. Dated: September 14, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 07-4658 Filed 9-21-07; 8:45 am]

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