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 

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

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 

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