### 47520 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules

**SUPPLEMENTARY INFORMATION :**  In order to support Graduate Medical Education and maintain provider skill levels, Military Treatment Facility (MTF) providers are frequently required to perform medical procedures that may be excluded from coverage under TRICARE. Unexpected complications (unfortunate sequelae) from these procedures may result and, in those instances where the MTFs are unable to provide the appropriate level of care necessary for the proper treatment of these complications, the MTF Commander must refer beneficiaries for treatment outside the MTF. Under current regulatory provisions, TRICARE is unable to cover treatment of the complications resulting from noncovered procedures. When beneficiaries require treatment outside the MTF for these complications, arising from noncovered procedures, they are responsible for payment for this necessary treatment resulting in significant financial hardship. This proposed rule will address that unfortunate situation by allowing coverage of treatment for the complications resulting from noncovered treatment provided in an MTF when the original procedure was authorized by the MTF Commander. The specific procedures for approval of this treatment will be addressed in the TRICARE Policy Manual rather than in the regulation to ensure that this information is current and easily accessible. TRICARE manuals may be accessed at http//:www.tricare.mil. Regulatory Procedures
Executive Order 12866, ‘‘Regulatory Planning and Review ’’ Section 801 of title 5, United States Code, and Executive Order 12866 require certain regulatory assessments and procedures for any major rule or significant regulatory action, defined as one that would result in an annual effect of $100 million or more on the national economy or which would have other substantial impacts. It has been certified that this rule is not a major rule or significant regulatory action.
Public Law 104–4, Section 202,

‘‘ Unfunded Mandates Reform Act ’’ Section 202 of Public Law 104–4,

‘‘ Unfunded Mandates Reform Act, ’’ requires that an analysis be performed to determine whether any federal mandate may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector of $100 million in any one year. It has been certified that this proposed rule does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year, and thus this proposed rule is not subject to this requirement.
Public Law 96–354, ‘‘Regulatory Flexibility Act ’’ (RFA) (5 U.S.C. 601)
Public Law 96–354, ‘‘ Regulatory Flexibility Act’’ (RFA) (5 U.S.C. 601), requires that each Federal agency prepare a regulatory flexibility analysis when the agency issues a regulation which would have a significant impact on a substantial number of small entities. This proposed rule is not an economically significant regulatory action, and it has been certified that it will not have a significant impact on a substantial number of small entities. Therefore, this proposed rule is not subject to the requirements of the RFA.
Public Law 96–511, ‘‘Paperwork Reduction Act ’’ (44 U.S.C. Chapter 35)

This rule does not contain a

‘‘ collection of information ’’ requirement, and will not impose additional information collection requirements on the public under Public Law 96–511,

‘‘ Paperwork Reduction Act’’ (44 U.S.C. Chapter 35).
Executive Order 13132, ‘‘Federalism ’’

Executive Order 13132, ‘‘ Federalism, ’’ requires that an impact analysis be performed to determine whether the rule has 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. It has been certified that this proposed rule does not have federalism implications, as set forth in Executive Order 13132. 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 proposed to be 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 199.4(e)(9) is revised to read as follows:

**§ 199.4 Basic program benefits.**
* * * * *

(e) * * * (9) Complications (unfortunate sequelae) resulting from noncovered initial surgery or treatment.

(i) Benefits are available for otherwise covered services and supplies required in the treatment of complications resulting from a noncovered incident of treatment (such as nonadjunctive dental care and cosmetic surgery) but only if the later complication represents a separate medical condition such as a systemic infection, cardiac arrest, and acute drug reaction. Benefits may not be extended for any later care or procedures related to the complication that essentially is similar to the initial noncovered care. An example of complications similar to the initial episode of care (and thus not covered) would be repair of facial scarring resulting from dermabrasion for acne.

(ii) Benefits are available for otherwise covered services and supplies required in the treatment of complications (unfortunate sequelae) resulting from a noncovered incident of treatment provided in a Military Treatment Facility (MTF), when the initial noncovered service has been authorized by the MTF Commander and the MTF is unable to provide the necessary treatment of the complications, according to the guidelines adopted by the Director, TMA, or a designee.

* * * * *

Dated: July 26, 2010. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010–19310 Filed 8–5–10; 8:45 am]

**BILLING CODE 5001–06–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Parts 60, 1039, 1042, 1065, and 1068** 

**[EPA–HQ–OAR–2010–0295, FRL–9185–7]**

**RIN 2060–AP67**

**Standards of Performance for Stationary Compression Ignition and**  **Spark Ignition Internal Combustion Engines** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Extension of public comment period.

**SUMMARY :**  On June 8, 2010, EPA proposed amendments to the standards of performance for stationary compression ignition and spark ignition internal combustion engines. In this


### 47521 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules

notice, we are announcing a 30-day extension of the public comment period for the proposal.

**DATES :**  Comments must be received on or before September 8, 2010.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2010–0295, by one of the following methods:

• http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

• E-mail: a-and-r-docket@epa.gov

.

• Fax: (202) 566–9744.

• Mail: U.S. Postal Service, send to: EPA Docket Center (6102T), 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies.

• Hand Delivery: In person or by courier, deliver comments to: EPA Docket Center (6102T), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies.

Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2010– 0295. We also rely on documents in Docket ID Nos. EPA–HQ–OAR–2005– 0029 and EPA–HQ–OAR–2003–0190 and incorporate those dockets into the record for this proposed rule. EPA’s policy is that all comments received will be included in the public docket without change and may be made available on-line at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is

an ‘‘ anonymous access ’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2010–0295. All documents in the docket are listed in the http://www.regulations.gov index. We also rely on documents in Docket ID Nos. EPA–HQ–OAR–2005–0029 and EPA–HQ–OAR–2003–0190 and incorporate those dockets into the record for this proposed rule. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hardcopy at the EPA DocketCenter, EPA West, Room 3444, 1301 Constitution Avenue, NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Docket Center is (202) 566–1742.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Melanie King, Energy Strategies Group, Sector Policies and Programs Division (D243–01), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–2469; facsimile number: (919) 541–5450; e-mail address:

‘‘king.melanie@epa.gov. ’’

**SUPPLEMENTARY INFORMATION :**  This document extends the public comment period established in the notice of proposed rulemaking published in the Federal Register on June 8, 2010 (75 FR 32612). That notice proposed revisions to the standards of performance for stationary compression ignition and spark ignition internal combustion engines.

After publication of the proposed rule, EPA received requests from the American Petroleum Institute and the Alaska Department of Environmental Conservation for a 30-day extension of the comment period for the proposed rule. The requestors indicated that an extended comment period was necessary to allow time for a more thorough evaluation of the proposal and development of a complete set of
comments. The letters requesting an extension to the comment period can be found in the docket. EPA is hereby extending the comment period, which was set to end on August 9, 2010, to September 8,
2010. List of Subjects

40 CFR Part 60

Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping.

40 CFR Part 1039

Administrative practice and procedure, Air pollution control.

40 CFR Part 1042

Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

Administrative practice and procedure, Air pollution control, Reporting and recordkeeping requirements, Research.

40 CFR Part 1068

Administrative practice and procedure, Air pollution control, Imports, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements, Warranties.

Dated: August 2, 2010. Janet G. McCabe, Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2010–19414 Filed 8–5–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 300**

**[EPA–HQ–SFUND–2000–0006; FRL–9185–5]**

**National Oil and Hazardous Substance Pollution Contingency Plan; National**  **Priorities List: Intent To Delete the Peter Cooper Corporation (Markhams)**  **Superfund Site**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  The Environmental Protection Agency (EPA), Region 2 is issuing a Notice of Intent to Delete the Peter Cooper Corporation (Markhams) Superfund Site (Markhams Site) located in the Town of Dayton, Cattaraugus County, New York from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section