Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 44751 

TABLE 1.—Continued 

Date Address Electronic Address Other Information 

Second public meeting November 5, 2009, from 1 

p.m. to 5 p.m. 

The Westin Peachtree 

Plaza Hotel, 210 Peachtree St., NW., Atlanta, 

GA 30303 

Advance registration By October 26, 2009 We encourage you to use 

electronic registration if 

possible.1

http://www.fda.gov/Food/ 

NewsEvents/Workshops

MeetingsConferences/ 

default.htm 

There is no registration fee 

for the public meetings. 

Early registration is recommended because 

seating is limited. 

Request special accommodations due to a disability By October 26, 2009 See Contact Person 

1You may also register via e-mail, mail, or fax. Please include your name, title, firm name, address, and phone and fax numbers in your registration information and send to: Deborah Harris, EDJ Associates, Inc., 11300 Rockville Pike, suite 1001, Rockville, MD 20852, 240–221–4326, 

FAX: 301–945–4295, e-mail: fda-CFSAN_Registration@edjassociates.com. Onsite registration will also be available at both meeting sites. 

II. Background 

In the Federal Register of July 9, 2009 

(74 FR 33030), FDA published a final 

rule, ‘‘Prevention of Salmonella 

Enteritidis in Shell Eggs During 

Production, Storage, and 

Transportation,’’ that requires shell egg 

producers to implement measures to 

prevent SE from contaminating eggs on 

the farm and from further growth during 

storage and transportation, and requires 

these producers to maintain records 

concerning their compliance with the 

rule and to register with FDA. FDA took 

this action because SE is among the 

leading bacterial causes of foodborne 

illness in the United States, and shell 

eggs are a primary source of human SE 

infections. The final rule will reduce 

SE-associated illnesses and deaths by 

reducing the risk that shell eggs are 

contaminated with SE. 

This document announces two public 

meetings as part of the agency’s planned 

outreach initiatives regarding the final 

rule. 

III. Transcripts 

Please be advised that as soon as a 

transcript is available, it will be 

accessible at http:// 

www.regulations.gov. It may be viewed 

at the Division of Dockets Management 

(HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD. A transcript will 

also be available in either hardcopy or 

on CD–ROM, after submission of a 

Freedom of Information request. Written 

requests are to be sent to Division of 

Freedom of Information (HFI–35), Office 

of Management Programs, Food and 

Drug Administration, 5600 Fishers 

Lane, rm. 6–30, Rockville, MD 20857. 

Dated: August 24, 2009. 

David Horowitz, 

Assistant Commissioner for Policy. 

[FR Doc. E9–20856 Filed 8–28–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE TREASURY 

31 CFR Part 32 

RIN 1505–AC17 

Payments in Lieu of Low Income 

Housing Tax Credits 

AGENCY: Office of the Fiscal Assistant 

Secretary, Treasury. 

ACTION: Interim final rule. 

SUMMARY: The Department of the 

Treasury is amending its policy 

regarding the time limitation within 

which State housing credit agencies 

must disburse funds received under 

section 1602 of the American Recovery 

and Reinvestment Tax Act of 2009. This 

change will allow States to disburse 

section 1602 funds to subawardees 

through December 31, 2011 under 

certain conditions. 

DATES: This final rule is effective August 

31, 2009. Comments must be received 

on or before September 30, 2009. 

ADDRESSES: Treasury participates in the 

U.S. government’s eRulemaking 

Initiative by publishing rulemaking 

information on http:// 

www.regulations.gov. Regulations.gov 

offers the public the ability to comment 

on, search, and view publicly available 

rulemaking materials, including 

comments received on rules. Comments 

on this rule should be submitted using 

only the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the Web site for 

submitting comments. 

Mail: Ellen Neubauer, Fiscal Service, 

U.S. Department of the Treasury, 1500 

Pennsylvania Ave., Washington, DC 

20220. Instructions: All submissions 

received must include the agency name 

(‘‘Fiscal Service’’) and the title of this 

rulemaking. In general, comments 

received will be published on 

Regulations.gov without change, 

including any business or personal 

information provided. Comments 

received, including attachments and 

other supporting materials, are part of 

the public record and subject to public 

disclosure. Do not enclose any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

You may also inspect and copy this 

interim rule at: Treasury Department 

Library, Freedom of Information Act 

(FOIA) Collection, Room 1428, Main 

Treasury Building, 1500 Pennsylvania 

Avenue, NW., Washington, DC 20220. 

Before visiting, you must call (202) 622– 

0990 for an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Neubauer, Program Manager, at 

(202) 622–0560 or at 

ellen.neubauer@do.treas.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 1602 of the American 

Recovery and Reinvestment Tax Act of 

2009 (Act) (Pub. L. 111–5) (hereinafter 

Section 1602) allows State housing 

credit agencies to elect to receive 

payments in lieu of low-income housing 

credits under section 42 of the Internal 

Revenue Code. Payments must be used 

to make subawards to finance the 

construction or acquisition and 

rehabilitation of qualified low-income 


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44752 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

buildings. The United States 

Department of the Treasury (Treasury) 

awards Section 1602 funds to State 

housing credit agencies in an amount 

equal to their low-income housing grant 

election amount which may not exceed 

a portion of the States’ low-income 

housing tax credit ceiling for 2009. 

Section 1602(d) of the Act requires 

that State housing credit agencies return 

to the Treasury funds not used to make 

subawards before January 1, 2011. The 

Terms and Conditions promulgated by 

the Treasury to govern the program 

require that any funds not disbursed 

before January 1, 2011, be returned to 

the Treasury. Upon further 

consideration Treasury has determined 

that this requirement is overly 

restrictive and may preclude funding of 

otherwise eligible projects that may not 

reach final completion by the end of 

2010. This rule therefore changes this 

requirement. Under this rule set forth at 

31 CFR part 32, State housing credit 

agencies are required to return to the 

Treasury any funds not used to make 

subawards by December 31, 2010. 

However, once a subaward has been 

made, a State can continue to disburse 

funds for the subaward through 

December 31, 2011, provided the project 

is at least 30 percent complete by the 

end of 2010. 

II. Procedural Analyses 

Administrative Procedures Act 

This rule is being issued without prior 

public notice and comment because 

under 5 U.S.C. 553(b) and (d)(3) good 

cause exists to determine that prior 

notice and comment rulemaking is 

unnecessary and contrary to the public 

interest. The policy being implemented 

through this rule impacts procedural 

requirements imposed on State housing 

credit agencies that receive funds from 

the Federal government under Section 

1602 and does not adversely affect the 

rights of the public. Additionally, delay 

in the effective date of this rule is 

contrary to the public interest because 

without clarity regarding the time 

period within which State housing 

credit agencies may disburse funds 

under the program, State housing credit 

agencies are unable to make decisions 

regarding which projects to fund 

thereby delaying the construction or 

rehabilitation of low-income housing. 

Request for Comment on Plain Language 

Executive Order 12866 requires each 

agency in the Executive branch to write 

regulations that are simple and easy to 

understand. We invite comment on how 

to make the interim rule clearer. For 

example, you may wish to discuss: (1) 

Whether we have organized the material 

to suit your needs; (2) whether the 

requirements of the rules are clear; or (3) 

whether there is something else we 

could do to make these rules easier to 

understand. 

Regulatory Planning and Review 

The rule is a ‘‘significant regulatory 

action’’ as defined in Executive Order 

12866. Accordingly, the rule has been 

reviewed by the Office of Management 

and Budget. 

Regulatory Flexibility Act Analysis 

Because no notice of rulemaking is 

required, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. 

List of Subjects in 31 CFR Part 32 

Low-income housing tax credits. 

■ For the reasons set forth in the 

preamble, we add 31 CFR Part 32 to 

read as follows: 

PART 32—PAYMENTS IN LIEU OF 

LOW INCOME HOUSING TAX CREDITS 

Sec. 

32.1. Timing of disbursements. 

Authority: Public Law 111–5. 

§ 32.1 Timing of disbursements. 

(a) State housing credit agencies that 

receive funds under section 1602 of 

Division B of the American Recovery 

and Reinvestment Tax Act of 2009 must 

make subawards to subawardees to 

finance the construction or acquisition 

and rehabilitation of low-income 

housing no later than December 31, 

2010. Any funds that are not used to 

make subawards by December 31, 2010, 

must be returned to the Treasury by 

January 1, 2011. 

(b) The requirement in subsection (a) 

above does not prevent State housing 

credit agencies from continuing to 

disburse funds to subawardees after 

December 31, 2010 provided: 

(1) A subaward has been made to the 

subawardee on or before December 31, 

2010; 

(2) The subawardee has, by the close 

of 2010, paid or incurred at least 30 

percent of the subawardee’s total 

adjusted basis in land and depreciable 

property that is reasonably expected to 

be part of the low-income housing 

project; and 

(3) Any funds not disbursed to the 

subawardee by December 31, 2011, must 

be returned to the Treasury by January 

1, 2012. 

Dated: August 19, 2009. 

Gary Grippo, 

Acting Fiscal Assistant Secretary. 

[FR Doc. E9–20903 Filed 8–28–09; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DoD–2008–HA–0007; RIN 0720–AB21] 

TRICARE; Reimbursement of Critical 

Access Hospitals (CAHs) 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This rule implements the 

statutory provisions that TRICARE 

payment methods for institutional care 

be determined to the extent practicable 

in accordance with the same 

reimbursement rules as those that apply 

to payments to providers of services of 

the same type under Medicare. This 

final rule implements a reimbursement 

methodology similar to that furnished to 

Medicare beneficiaries for services 

provided by critical access hospitals 

(CAHs). 

DATES: Effective Date: This rule is 

effective December 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Martha M. Maxey, TRICARE 

Management Activity, Medical Benefits 

and Reimbursement Branch, telephone 

(303) 676–3627. 

SUPPLEMENTARY INFORMATION: 

I. Introduction and Background 

Hospitals are authorized TRICARE 

institutional providers under 10 U.S. 

Code 1079(j)(2) and (4). Under 10 U.S.C. 

1079(j)(2), the amount to be paid to 

hospitals, skilled nursing facilities 

(SNFs), and other institutional providers 

under TRICARE, ‘‘shall be determined 

to the extent practicable in accordance 

with the same reimbursement rules as 

apply to payments to providers of 

services of the same type under 

Medicare.’’ Under 32 CFR 

199.14(a)(1)(ii)(D)(1) through (9) it 

specifically lists those hospitals that are 

exempt from the DRG-based payment 

system. CAHs are not listed as exempt, 

thereby making them subject to the 

DRG-based payment system. CAHs are 

not listed as excluded, because at the 

time this regulatory provision was 

written, CAHs were not a recognized 

entity. 

Legislation enacted as part of the 

Balanced Budget Act (BBA) of 1997 


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