38630 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

potential to affect national security, and 

pursuant to section 564(b) of the Federal 

Food, Drug and Cosmetic Act, 21 U.S.C. 

360bbb–3(b), the Acting Secretary 

declared an emergency justifying the 

authorization of the emergency use of 

certain in vitro diagnostics for detection 

of Swine Influenza A (now called 

‘‘2009–H1N1 influenza’’) accompanied 

by emergency use information subject to 

the terms of any authorization issued 

under 21 U.S.C. 360bbb–3(a). The 

Secretary further specified that the 

declaration is a declaration of 

emergency, as defined in the December 

17, 2008, Declaration under the PREP 

Act for Pandemic Influenza Diagnostics, 

Personal Respiratory Protection Devices, 

and Respiratory Support Devices, 

published at 73 FR 78362 (December 22, 

2008). 

Also, on April 26, 2009, on the basis 

of the Acting Secretary’s determination 

on April 26, 2009, pursuant to section 

319 of the Public Health Service Act, 42 

U.S.C. 247d, that a public health 

emergency exists involving Swine 

Influenza A that affects or has 

significant potential to affect national 

security, and pursuant to section 564(b) 

of the Federal Food, Drug and Cosmetic 

Act, 21 U.S.C. 360bbb–3(b), the Acting 

Secretary declared an emergency 

justifying the authorization of the 

emergency use of certain products from 

the neuraminidase class of antivirals 

oseltamivir phosphate and zanamivir 

accompanied by emergency use 

information subject to the terms of any 

authorization issued under 21 U.S.C. 

360bbb–3(a). The Secretary further 

specified that the declaration is a 

declaration of emergency, as defined in 

the October 10, 2008, Declaration under 

the PREP Act for Influenza Antivirals 

Oseltamivir Phosphate and Zanamivir, 

published at 73 FR 61861 (October 17, 

2008), as amended. The Acting 

Secretary’s April 26, 2009, amendment 

to the October 10, 2008 Declaration 

under the PREP Act for Influenza 

Antivirals Oseltamivir Phosphate and 

Zanamivir is separately published 

elsewhere in this issue of the Federal 

Register. 

On April 27, 2009, on the basis of the 

Acting Secretary’s determination on 

April 26, 2009, pursuant to section 319 

of the Public Health Service Act, 42 

U.S.C. 247d, that a public health 

emergency exists involving Swine 

Influenza A that affects, or has 

significant potential to affect, national 

security; and pursuant to section 564(b) 

of the Federal Food, Drug and Cosmetic 

Act, 21 U.S.C. 360bbb–3(b), the Acting 

Secretary declared an emergency 

justifying the authorization of the 

emergency use of certain personal 

respiratory protection devices, 

accompanied by emergency use 

information subject to the terms of any 

authorization issued under 21 U.S.C. 

360bbb–3(a). The Secretary further 

specified that the declaration is a 

declaration of emergency, as defined in 

the December 17, 2008, Declaration 

under the PREP Act for Pandemic 

Influenza Diagnostics, Personal 

Respiratory Protection Devices, and 

Respiratory Support Devices, 73 FR 

78362 (December 22, 2008). 

Notice of the authorizations issued by 

the FDA Commissioner under 21 U.S.C. 

360bbb–3 is provided elsewhere in this 

Federal Register. 

Dated: July 28, 2009. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. E9–18432 Filed 8–3–09; 8:45 am] 

BILLING CODE 4150–37–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Office for Civil Rights; Delegation of 

Authority 

Notice is hereby given, that I have 

delegated to the Director of the Office 

for Civil Rights (OCR), with authority to 

redelegate, the following authority 

vested in the Secretary of Health and 

Human Services: 

1. The authority under section 262 of 

the Health Insurance Portability and 

Accountability Act of 1996 (HIPAA), 

Public Law 104–191, as amended, to the 

extent that these actions pertain to the 

‘‘Security Standards for the Protection 

of Electronic Protected Health 

Information,’’ at 45 CFR part 160 and 

part 164, subparts A and C, to 

A. Impose civil money penalties 

under section 1176 of the Social 

Security Act for a covered entity’s 

failure to comply with certain 

requirements and standards; 

B. Issue subpoenas requiring the 

attendance and testimony of witnesses 

and the production of any evidence that 

relates to any matter under investigation 

or compliance review for failure to 

comply with certain requirements and 

standards; and 

C. Make exception determinations, 

under section 1178(a)(2)(A) of the Social 

Security Act, concerning when 

provisions of State laws that are 

contrary to the Federal standards are not 

preempted by the Federal provisions. 

2. The authority under section 262 of 

HIPAA, as amended, to administer the 

regulation ‘‘Security Standards for the 

Protection of Electronic Protected 

Health Information,’’ at 45 CFR part 160 

and part 164, subparts A and C, and 

General Administrative Requirements, 

45 CFR Part 160, as these requirements 

pertain to part 164, subparts A and C, 

and to make decisions regarding the 

interpretation and enforcement of these 

Standards and General Administrative 

Requirements. 

This delegation shall be exercised 

under the Department’s existing 

delegation of authority and policy 

relating to regulations. 

This delegation supersedes the 

memorandum from the Secretary to the 

Administrator, Centers for Medicare & 

Medicaid Services, dated October 7, 

2003, titled ‘‘Delegation of Authority for 

Certain Provisions Under Part C of Title 

XI of the Social Security Act.’’ 

I hereby affirm and ratify any actions 

taken by the Director of OCR or his/her 

subordinates which involved the 

exercise of the authority delegated 

herein prior to the effective date of this 

delegation. 

This delegation is effective 

immediately. 

Dated: July 27, 2009. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. E9–18557 Filed 8–3–09; 8:45 am] 

BILLING CODE 4153–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Implementation of Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) for Adjustments to 

the Third Quarter of Fiscal Year 2009 

Federal Medical Assistance 

Percentage (FMAP) Rates for Federal 

Matching Shares for Medicaid and 

Foster Care and Adoption Assistance 

AGENCY: Office of the Secretary, DHHS. 

ACTION: Notice with comment period. 

SUMMARY: This notice with comment 

period describes the methodology for 

calculating the higher federal matching 

funding that is made available under 

Section 5001 of the American Recovery 

and Reinvestment Act of 2009 (ARRA). 

Section 5001 of the ARRA provides for 

temporary increases in the Federal 

Medical Assistance Percentage (FMAP) 

rates to provide fiscal relief to States 

and to protect and maintain State 

Medicaid programs in a period of 

economic downturn. The increased 

FMAP rates apply during a recession 

adjustment period that is defined as the 

period beginning on October 1, 2008 

and ending on December 31, 2010. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38631 

EFFECTIVE DATE: The percentages listed 

are for the third quarter of Fiscal Year 

2009 beginning April 1, 2009 and 

ending June 30, 2009. 

Comment Date: To be assured 

consideration, comments must be 

received at the address provided below, 

no later than 5 p.m. on August 19, 2009. 

ADDRESSES: Because of staff and 

resource limitations, we can only accept 

comments by regular mail. You may 

mail written comments (one original 

and one copy) to the following address 

only: Department of Health and Human 

Services, Room 447D, Attention: FMAP 

Notice—ARRA, 200 Independence Ave., 

SW., Washington, DC 20201. 

Submitting Comments: We welcome 

comments from the public on the 

calculation methodology set forth in this 

notice with comment period to assist us 

in fully considering issues and 

developing policies. Please provide a 

reference to the section on which you 

choose to comment. 

A. Background 

The Federal Medical Assistance 

Percentage (FMAP) is used to determine 

the amount of Federal matching for 

specified State expenditures for 

assistance payments under programs 

under the Social Security Act. Sections 

1905(b) and 1101(a)(8)(B) of the Social 

Security Act (‘‘the Act’’) require the 

Secretary of Health and Human Services 

to publish the FMAP rates each year. 

The Secretary calculates the 

percentages, using formulas set forth in 

sections 1905(b) and 1101(a)(8)(B), from 

the Department of Commerce’s statistics 

of average income per person in each 

State and for the Nation as a whole. The 

percentages must be within the upper 

and lower limits given in section 

1905(b) of the Act. The percentages to 

be applied to the District of Columbia, 

Puerto Rico, the Virgin Islands, Guam, 

American Samoa, and the Northern 

Mariana Islands are specified in statute, 

and thus are not based on the statutory 

formula that determines the percentages 

for the 50 States. 

Section 1905(b) of the Social Security 

Act specifies the formula for calculating 

FMAP as follows: 

The FMAP for any State shall be 100 

per centum less the State percentage; 

and the State percentage shall be that 

percentage which bears the same ratio to 

45 per centum as the square of the per 

capita income of such State bears to the 

square of the per capita income of the 

continental United States (including 

Alaska) and Hawaii; except that (1) the 

FMAP shall in no case be less than 50 

per centum or more than 83 per centum, 

and (2) the FMAP for Puerto Rico, the 

Virgin Islands, Guam, the Northern 

Mariana Islands, and American Samoa 

shall be 50 per centum. Section 4725 of 

the Balanced Budget Act of 1997 

amended section 1905(b) to provide that 

the FMAP for the District of Columbia 

for purposes of titles XIX (Medicaid) 

and XXI (CHIP) shall be 70 percent. 

Section 5001 of Division B of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) provides for a 

temporary increase in FMAP rates for 

Medicaid, Foster Care and Adoption 

Assistance programs. The purposes of 

the increases to the FMAP rates are to 

provide fiscal relief to States and to 

protect and maintain State Medicaid 

programs in a period of economic 

downturn, referred to as the ‘‘recession 

adjustment period.’’ The recession 

adjustment period is defined as the 

period beginning on October 1, 2008 

and ending on December 31, 2010. 

B. Calculation of the Increased FMAP 

Rates Under ARRA 

Section 5001 of the ARRA specifies 

that the FMAP rates shall be temporarily 

increased for the following: (1) 

Maintenance of FMAP rates for fiscal 

year 2009, fiscal year 2010, and first 

quarter of fiscal year 2011, so that the 

FMAP rate will not decrease from the 

prior year, determined by using as the 

FMAP rate for the current year the 

greater of any prior fiscal year FMAP 

rates between 2008–2010 or the rate 

calculated for the current fiscal year; (2) 

in addition to any maintenance 

increase, the application of an increase 

in each State’s FMAP of 6.2 percentage 

points; and (3) an additional percentage 

point increase based on the State’s 

increase in unemployment during the 

recession adjustment period. The 

resulting increased FMAP cannot 

exceed 100 percent. Each State’s FMAP 

will be recalculated each fiscal quarter 

beginning October 2008. Availability of 

certain components of the increased 

FMAP is conditioned on States meeting 

statutory programmatic requirements, 

such as maintenance of effort 

requirements, which are not part of the 

calculation process. 

Expenditures for which the increased 

FMAP is not available under title XIX 

include expenditures for 

disproportionate share hospital 

payments, certain eligibility expansions, 

services received through an IHS or 

tribal facility (which are already paid at 

a rate of 100 percent which is not 

subject to increase), and expenditures 

that are paid at an enhanced FMAP rate. 

The increased FMAP is also not 

available for payments under title XXI. 

The increased FMAP is available for 

expenditures under part E of title IV 

(Foster Care Maintenance payments) 

only to the extent of maintenance 

increase, if any, and the 6.2 percentage 

point increase. 

For each qualifying State with an 

unemployment rate that has increased at 

a rate above a statutory threshold 

percentage, ARRA provides additional 

relief above the general 6.2 percentage 

point increase in FMAP through 

application of a different increase 

calculation. For those States, the FMAP 

for each qualifying State is increased by 

the number of percentage points equal 

to the product of the State matching 

percentage (as calculated under section 

1905(b) and adjusted if necessary for the 

maintenance of FMAP without 

reduction from the prior year, and after 

applying half of the 6.2 percentage point 

general increase in the federal 

percentage) and the applicable percent 

determined from the State 

unemployment increase percentage for 

the quarter, in addition to the 6.2 

percentage point increase. 

The unemployment increase 

percentage for a calendar quarter is 

equal to the number of percentage 

points (if any) by which the average 

monthly unemployment rate for the 

State in the most recent previous 3- 

consecutive-month period for which 

data are available exceeds the lowest 

average monthly unemployment rate for 

the State for any 3-consecutive-month 

period beginning on or after January 1, 

2006 and preceding the most recent 

previous 3-consecutive-month period. A 

State qualifies for additional relief based 

on an increase in unemployment if that 

State’s unemployment increase 

percentage is at least 1.5 percentage 

points. 

The applicable percent is: (1) 5.5 

percent if the State unemployment 

increase percentage is at least 1.5 

percentage points but less than 2.5 

percentage points; (2) 8.5 percent if the 

State unemployment increase 

percentage is at least 2.5 percentage 

points but less than 3.5 percentage 

points; and (3) 11.5 percent if the State 

unemployment increase percentage is at 

least 3.5 percentage points. 

If the State’s applicable percent is less 

than the applicable percent for the 

preceding quarter, then the higher 

applicable percent shall continue in 

effect for any calendar quarter beginning 

on January 1, 2009 and ending before 

July 1, 2010. 

Puerto Rico, the Virgin Islands, Guam, 

the Commonwealth of the Northern 

Mariana Islands, and America Samoa 

can make a one-time election between 

(1) A 30 percent increase in their cap on 

Medicaid payments (as determined 

under subsections (f) and (g) of section 

1108 of the Social Security Act), or (2) 

mstockstill on DSKH9S0YB1PROD with NOTICES

38632 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

applying the increase of 6.2 percentage 

points in the FMAP plus a 15 percent 

increase in the cap on Medicaid 

payments. There is no quarterly 

unemployment adjustment for 

Territories. As a result, we are not 

addressing the Territories or 

Commonwealth in this document, and 

will instead work with them separately 

and individually. 

C. Methodology Utilized in the 

Calculation of Increased FMAP Rates 

for the Third Quarter of Fiscal Year 

2009 and Subsequent Quarters During 

the Recession Adjustment Period 

This notice sets forth increased FMAP 

rates for the third quarter of Fiscal Year 

2009 that have been calculated pursuant 

to the ARRA and are set forth in the 

table at the end of the notice. The rates 

set forth in this notice are effective from 

April 1, 2009 through June 30, 2009. 

The table gives figures for each of the 50 

States and the District of Columbia. 

Adjusted figures are not shown for 

Puerto Rico, the Virgin Islands, Guam, 

American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands. Under ARRA, the application of 

an increased FMAP calculation for the 

Territories and Commonwealth depends 

upon a one-time election of a higher 

FMAP and 15 percent increase in their 

cap on federal Medicaid payments, or a 

30 percent increase in their cap. 

Moreover, there is no quarterly 

unemployment adjustment for the 

Territories or Commonwealth. As a 

result, we will instead work with the 

Territories and Commonwealth 

separately and individually. 

The maintenance of FMAP 

calculation and the general 6.2 

percentage point increase are nondiscretionary calculations, and were 

included in a prior notice issued April 

21, 2009, at 74 FR 18235. This notice 

specifically adjusts FMAP rates for 

States qualifying for additional increase 

based on currently available information 

on unemployment rates in the States as 

obtained from the Department of Labor’s 

Bureau of Labor Statistics, and describes 

the methodology we intend to use 

throughout the recession adjustment 

period. 

The methodology that we have used 

to calculate the unemployment 

adjustment is to utilize the final 

unemployment rate for the most recent 

previous 3-month period for which data 

are available prior to each quarter to 

calculate that quarter’s FMAP. The 

unemployment rate for the most recent 

previous 3-month period includes final 

unemployment rates for all three 

months. 

The timing of the availability of final 

State unemployment data for the month 

just prior to the start of the fiscal quarter 

prevents the publication of the FMAP 

rates until after the fiscal quarter has 

begun. For example, State 

unemployment data for the month of 

March, the month just prior to the start 

of the fiscal quarter beginning April 1, 

becomes available during the month of 

April on a preliminary basis. State 

unemployment data for March does not 

become final until May with the release 

of preliminary April state 

unemployment data and so forth for 

subsequent months and quarters. 

Because States rely on timely 

publication of the percentages for their 

use in budget planning activities, HHS 

will calculate preliminary quarterly 

FMAP rates at the time preliminary 

monthly data for the month prior to the 

start of the quarter is available. HHS 

will provide these rates to the Centers 

for Medicare and Medicaid Services 

(CMS) for the purpose of calculating 

preliminary quarterly adjustments, as 

specified by ARRA, for States’ federal 

matching amounts. HHS will calculate 

final quarterly FMAP rates at the time 

final monthly data for the month prior 

to the start of the fiscal quarter is 

available. HHS will provide these rates 

to CMS for the purpose of calculating 

the final quarterly adjustments, as 

specified by ARRA, for States’ final 

quarterly federal matching amounts and 

publish these final quarterly rates in a 

Federal Register notice. 

As an example of the methodology, 

HHS will calculate preliminary FMAP 

rates for the fiscal quarter beginning 

April 1, using State unemployment data 

from final January, final February, and 

preliminary March unemployment rates, 

in April when preliminary March data 

become available, and supply these to 

CMS. HHS will calculate final FMAP 

rates for the fiscal quarter beginning 

April 1, using State unemployment data 

from final January, final February, and 

final March unemployment rates, in 

May when final March data become 

available and supply these to CMS and 

publish these final quarterly rates in a 

Federal Register notice. The 

methodology and timing for the 

calculations and their release will 

proceed similarly for subsequent 

quarters during the recession 

adjustment period. 

We intend to utilize annual updates to 

the historical BLS data to make changes 

in the States’ lowest unemployment 

rate. Revised historical unemployment 

rates are part of the currently available 

data used at the time of calculating third 

quarter FMAP rates each year. These 

revisions to the historical data will 

remain current until the following third 

quarter FMAP rate is calculated, when 

new historical data becomes available. 

Using data for the final State 

unemployment rates for the 3- 

consecutive-month period prior to the 

start of the fiscal quarter beginning 

April 1, 2009 and historical periods of 

each 3-consecutive-months beginning 

on or after January 1, 2006, differences 

in States’ unemployment rates were 

calculated to determine if a State 

qualifies for an adjustment in its FMAP 

due to changes in its unemployment 

rate. For the third quarter of fiscal year 

2009, we compared each State’s final 

unemployment rate for the 3-month 

period ending in March 2009 to the 

lowest average unemployment rate for 

the State for any 3-consecutive-month 

period from January 1, 2006 through 

February 2009. A State received an 

additional FMAP increase if the State’s 

unemployment increase percentage was 

at least 1.5 percentage points. 

ARRA adjustments to FMAP are 

shown by State in the accompanying 

table. The hold harmless FY09 FMAP is 

the higher of the original FY08 or FY09 

FMAP. The 6.2 percentage point 

increase is added to the hold harmless 

FY09 FMAP. The unemployment tier is 

determined from the comparison of the 

3-month average unemployment rate 

ending March 2009 and the lowest 3- 

month unemployment rate during 

January 2006 to February 2009. The 

unemployment adjustment is calculated 

according to the unemployment tier and 

added to the hold harmless FY09 FMAP 

with the 6.2 percentage point increase. 

We are requesting public comment on 

the calculation methodology described 

above, which we have used in 

developing the third quarter increased 

FMAP rates. We will address any public 

comments in the next quarterly notice of 

increased FMAP rates. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Musco or Rose Chu, Office of 

Health Policy, Office of the Assistant 

Secretary for Planning and Evaluation, 

Room 447D—Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201, (202) 690– 

6870. 

(Catalog of Federal Domestic Assistance 

Program Nos. 93.558: TANF Contingency 

Funds; 93.563: Child Support Enforcement; 

93.596: Child Care Mandatory and Matching 

Funds of the Child Care and Development 

Fund; 93.658: 93.659: Adoption Assistance; 

93.769: Ticket-to-Work and Work Incentives 

Improvement Act (TWWIIA) Demonstrations 

to Maintain Independence and Employment) 

Dated: July 27, 2009. 

Kathleen Sebelius, 

Secretary. 

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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38633 

ARRA ADJUSTMENTS TO FMAP Q3 FY09 

State 

FY08 

original 

FMAP 

FY09 

original 

FMAP 

Hold 

harmless FY 

09 

Hold 

harmless 

FY09 

FMAP 

with 

6.2%pt 

increase 

1st and 

2nd quarter FY09 

FMAP Adjust (incl 

HH–6.2– 

unemployment) 

3–Month 

average 

unemployment ending Mar 

2009 

Minimum 

unemployment 

Unemployment difference 

Unemployment tier 

Unemployment adjustment 

Q3 

FY09 

3nd quarter FY09 

FMAP adjust (incl 

HH–6.2– 

unemployment) 

Alabama ................................. 67.62 67.98 67.98 74.18 76.64 8.4 3.3 5.1 11.5 3.33 77.51 

Alaska .................................... 52.48 50.53 52.48 58.68 58.68 8.0 6.0 2.0 5.5 2.44 61.12 

Arizona ................................... 66.20 65.77 66.20 72.40 75.01 7.4 3.6 3.8 11.5 3.53 75.93 

Arkansas ................................ 72.94 72.81 72.94 79.14 79.14 6.4 4.8 1.6 5.5 1.32 80.46 

California ................................ 50.00 50.00 50.00 56.20 61.59 10.6 4.8 5.8 11.5 5.39 61.59 

Colorado ................................ 50.00 50.00 50.00 56.20 58.78 7.1 3.6 3.5 11.5 5.39 61.59 

Connecticut ............................ 50.00 50.00 50.00 56.20 60.19 7.4 4.3 3.1 8.5 3.99 60.19 

Delaware ................................ 50.00 50.00 50.00 56.20 60.19 7.2 3.3 3.9 11.5 5.39 61.59 

District of Columbia ............... 70.00 70.00 70.00 76.20 77.68 9.6 5.4 4.2 11.5 3.09 79.29 

Florida .................................... 56.83 55.40 56.83 63.03 67.64 9.4 3.3 6.1 11.5 4.61 67.64 

Georgia .................................. 63.10 64.49 64.49 70.69 73.44 8.9 4.3 4.6 11.5 3.73 74.42 

Hawaii .................................... 56.50 55.11 56.50 62.70 66.13 6.6 2.2 4.4 11.5 4.65 67.35 

Idaho ...................................... 69.87 69.77 69.87 76.07 78.37 6.8 2.8 4.0 11.5 3.11 79.18 

Illinois ..................................... 50.00 50.32 50.32 56.52 60.48 8.5 4.4 4.1 11.5 5.36 61.88 

Indiana ................................... 62.69 64.26 64.26 70.46 73.23 9.6 4.4 5.2 11.5 3.75 74.21 

Iowa ....................................... 61.73 62.62 62.62 68.82 68.82 5.0 3.7 1.3 0.0 0.00 68.82 

Kansas ................................... 59.43 60.08 60.08 66.28 66.28 5.9 4.0 1.9 5.5 2.03 68.31 

Kentucky ................................ 69.78 70.13 70.13 76.33 77.80 9.3 5.4 3.9 11.5 3.08 79.41 

Louisiana ................................ 72.47 71.31 72.47 78.67 80.01 5.6 3.5 2.1 5.5 1.34 80.01 

Maine ..................................... 63.31 64.41 64.41 70.61 72.40 7.9 4.4 3.5 11.5 3.74 74.35 

Maryland ................................ 50.00 50.00 50.00 56.20 58.78 6.6 3.4 3.2 8.5 3.99 60.19 

Massachusetts ....................... 50.00 50.00 50.00 56.20 58.78 7.6 4.4 3.2 8.5 3.99 60.19 

Michigan ................................. 58.10 60.27 60.27 66.47 69.58 12.1 6.7 5.4 11.5 4.21 70.68 

Minnesota .............................. 50.00 50.00 50.00 56.20 60.19 7.9 3.9 4.0 11.5 5.39 61.59 

Mississippi .............................. 76.29 75.84 76.29 82.49 83.62 9.1 6.0 3.1 8.5 1.75 84.24 

Missouri .................................. 62.42 63.19 63.19 69.39 71.24 8.4 4.7 3.7 11.5 3.88 73.27 

Montana ................................. 68.53 68.04 68.53 74.73 76.29 5.9 3.2 2.7 8.5 2.41 77.14 

Nebraska ................................ 58.02 59.54 59.54 65.74 65.74 4.5 2.8 1.7 5.5 2.05 67.79 

Nevada ................................... 52.64 50.00 52.64 58.84 63.93 10.0 4.2 5.8 11.5 5.09 63.93 

New Hampshire ..................... 50.00 50.00 50.00 56.20 56.20 5.7 3.4 2.3 5.5 2.58 58.78 

New Jersey ............................ 50.00 50.00 50.00 56.20 58.78 7.9 4.2 3.7 11.5 5.39 61.59 

New Mexico ........................... 71.04 70.88 71.04 77.24 77.24 5.5 3.5 2.0 5.5 1.42 78.66 

New York ............................... 50.00 50.00 50.00 56.20 58.78 7.5 4.3 3.2 8.5 3.99 60.19 

North Carolina ........................ 64.05 64.60 64.60 70.80 73.55 10.4 4.5 5.9 11.5 3.71 74.51 

North Dakota .......................... 63.75 63.15 63.75 69.95 69.95 4.2 3.0 1.2 0.0 0.00 69.95 

Ohio ....................................... 60.79 62.14 62.14 68.34 70.25 9.3 5.3 4.0 11.5 4.00 72.34 

Oklahoma ............................... 67.10 65.90 67.10 73.30 74.94 5.5 3.3 2.2 5.5 1.64 74.94 

Oregon ................................... 60.86 62.45 62.45 68.65 71.58 10.8 5.0 5.8 11.5 3.96 72.61 

Pennsylvania .......................... 54.08 54.52 54.52 60.72 63.05 7.5 4.3 3.2 8.5 3.60 64.32 

Rhode Island .......................... 52.51 52.59 52.59 58.79 63.89 10.4 4.8 5.6 11.5 5.10 63.89 

South Carolina ....................... 69.79 70.07 70.07 76.27 78.55 10.9 5.5 5.4 11.5 3.09 79.36 

South Dakota ......................... 60.03 62.55 62.55 68.75 68.75 4.6 2.7 1.9 5.5 1.89 70.64 

Tennessee ............................. 63.71 64.28 64.28 70.48 73.25 9.1 4.5 4.6 11.5 3.75 74.23 

Texas ..................................... 60.56 59.44 60.56 66.76 68.76 6.5 4.4 2.1 5.5 2.00 68.76 

Utah ....................................... 71.63 70.71 71.63 77.83 77.83 5.0 2.5 2.5 8.5 2.15 79.98 

Vermont ................................. 59.03 59.45 59.45 65.65 67.71 7.0 3.5 3.5 11.5 4.31 69.96 

Virginia ................................... 50.00 50.00 50.00 56.20 58.78 6.4 2.8 3.6 11.5 5.39 61.59 

Washington ............................ 51.52 50.94 51.52 57.72 60.22 8.4 4.4 4.0 11.5 5.22 62.94 

West Virginia .......................... 74.25 73.73 74.25 80.45 80.45 6.0 4.2 1.8 5.5 1.25 81.70 

Wisconsin ............................... 57.62 59.38 59.38 65.58 65.58 7.8 4.4 3.4 8.5 3.19 68.77 

Wyoming ................................ 50.00 50.00 50.00 56.20 56.20 4.0 2.8 1.2 0.0 0.00 56.20 

[FR Doc. E9–18544 Filed 7–31–09; 11:15 am] 

BILLING CODE 4210–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Renewal of Charter for the Presidential 

Advisory Council on HIV/AIDS 

AGENCY: Department of Health and 

Human Services, Office of the Secretary, 

Office of Public Health and Science. 

ACTION: Notice. 

SUMMARY: As stipulated by the Federal 

Advisory Committee Act, as amended (5 

U.S.C. Appendix 2), the U.S. 

Department of Health and Human 

Services is hereby announcing renewal 

of the charter for the Presidential 

Advisory Council on HIV/AIDS 

(PACHA). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Christopher Bates, Interim Executive 

Director, PACHA, Department of Health 

and Human Services, 200 Independence 

Avenue, SW., Room 443H; (202) 690– 

5560. 

SUPPLEMENTARY INFORMATION: PACHA 

was established by Executive Order 

12963, dated June 14, 1995, as amended 

by Executive Order 13009, dated June 

14, 1996; and Section 222 of the Public 

Health Service Act (42 U.S.C. 217a). The 

Council was established to provide 

advice, information, and 

recommendations to the Secretary of 

Health and Human Services regarding 

programs and policies to promote 

effective prevention and cure of HIV 

disease and AIDS. The functions of the 

Council shall be solely advisory in 

nature. 

Since PACHA was established, 

renewal of its charter has been carried 

out at the appropriate intervals as 

stipulated by FACA. The previous 

Council charter was scheduled to expire 

on July 27, 2009. On July 24, 2009, the 

mstockstill on DSKH9S0YB1PROD with NOTICES