13722 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 

general anesthesia and varying costshares for dental procedures (fillings, 

crowns, root canals) completed in the 

operating room setting. There is an 

annual maximum benefit for the TDP 

and TRDP of $1,200 per enrollee. This 

means that the total payments for 

covered services for each enrolled 

member will not exceed $1,200 in any 

contract year. In addition, the TRDP has 

a deductible of $50 per patient per year, 

not to exceed $150 per family per year. 

Frequently, the annual maximum is 

reached for those pediatric patients who 

require extensive dental treatment 

under general anesthesia. Once the 

annual maximum is reached, the 

remainder of the billed charges is the 

enrollee’s responsibility. The hospital 

costs (institutional services) are covered 

by neither the TDP nor TRDP. For 

families with dental insurance other 

than TDP or TRDP, their plan structure 

will defray some costs but out-of-pocket 

costs will remain significant. Currently, 

families without any dental insurance 

will incur the total costs of dental, 

anesthesia, and institutional services. 

II. Regulatory Procedures 

Executive Order 12866 requires that a 

comprehensive regulatory impact 

analysis be performed on any 

economically 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. 

The 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 rule is 

not an economically significant 

regulatory action and will not have a 

significant impact on a substantial 

number of small entities for purposes of 

the RFA, thus this proposed rule is not 

subject to any of these requirements. 

This rule will not impose additional 

information collection requirements on 

the public under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3511). 

We have examined the impact(s) of 

the proposed 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. 

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—CIVILIAN HEALTH AND 

MEDICAL PROGRAM OF THE 

UNIFORMED SERVICES (CHAMPUS) 

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 is amended by 

removing the first sentence of paragraph 

(e)(10) introductory text and adding two 

sentences in its place; revising the first 

sentence of paragraph (e)(10)(iii); and 

adding paragraph (e)(10)(vi) to read as 

follows: 

§ 199.4 Basic program benefits. 

* * * * * 

(e) * * * 

(10) Dental. TRICARE/CHAMPUS 

does not include a dental benefit. 

However, in connection with dental 

treatment for patients with 

developmental, mental, or physical 

disabilities or for pediatric patients age 

5 or under, only institutional and 

anesthesia services may be provided as 

a benefit. * * * 

* * * * * 

(iii) Preauthorization required. In 

order to be covered, adjunctive dental 

care requires preauthorization from the 

Director, TRICARE Management 

Activity, or a designee, in accordance 

with paragraph (a)(12) of this section. 

* * * 

* * * * * 

(vi) Anesthesia and institutional costs 

for dental care for children and certain 

other patients. Institutional benefits 

specified in paragraph (b) of this section 

may be extended for hospital and in-out 

surgery settings related to noncovered, 

nonadjunctive dental care when such 

outpatient care or inpatient stay is in 

conjunction with dental treatment for 

patients with developmental, mental, or 

physical disabilities or for pediatric 

patients age 5 or under. For these 

patients, anesthesia services will be 

limited to the administration of general 

anesthesia only. Patients with 

developmental, mental, or physical 

disabilities are those patients with 

conditions that prohibit dental 

treatment in a safe and effective manner. 

Therefore, it is medically or 

psychologically necessary for these 

patients to require general anesthesia for 

dental treatment. Patients with physical 

disabilities include those patients 

having disabilities as defined in § 199.2 

as serious physical disability. 

Preauthorization by the Director, 

TRICARE Management Activity, or a 

designee, is required for such outpatient 

care or inpatient stays to be covered in 

the same manner as required for 

adjunctive dental care described in 

paragraph (e)(10)(iii) of this section. 

Regardless of whether or not the 

preauthorization request for outpatient 

care or hospital admission is approved 

and thus qualifies for institutional 

benefits, the professional service related 

to the nonadjunctive dental care is not 

covered with the exception of coverage 

for anesthesia services. 

* * * * * 

Dated: March 15, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 07–1375 Filed 3–22–07; 8:45 am] 

BILLING CODE 5001–06–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2005–IL–0001; FRL–8290–

6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing approval of 

revisions to volatile organic compound 

(VOC) rules for Formel Industries, Inc. 

(Formel) as a revision to the Illinois 

State Implementation Plan. On 

December 12, 2001, EPA approved an 

adjusted standard for Formel. Formel, a 

flexographic printer in Cook County, 

Illinois, was given an adjusted standard 

because Illinois determined it was not 

technically feasible or economically 

reasonable for Formel to meet the VOC 

control requirements for flexographic 

printers. Illinois withdrew the adjusted 

standard because Formel has installed a 

catalytic oxidizer that allows it to meet 

the VOC control requirements. This 

control device will reduce VOC 

emissions from Formel, which is a 

precursor to ozone formation. 

DATES: Comments must be received on 

or before April 23, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2005–IL–0001, by one of the 

following methods: 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 13723 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312)886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: February 28, 2007. 

Steve Rothblatt, 

Acting Regional Administrator, Region 5. 

[FR Doc. E7–5360 Filed 3–22–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–0091, FRL–8291–1] 

Proposed Finding of Failure To Attain; 

State of Arizona, Phoenix 

Nonattainment Area; State of 

California, Owens Valley 

Nonattainment Area; Particulate Matter 

of 10 Microns or Less 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to find that 

the Phoenix Planning Area (Phoenix 

nonattainment area) and the Owens 

Valley Planning Area (Owens Valley 

nonattainment area) did not attain the 

24-hour National Ambient Air Quality 

Standard (NAAQS) for particulate 

matter of 10 microns or less (PM–10) by 

the deadline mandated in the Clean Air 

Act (CAA or the Act), December 31, 

2006. These proposed findings are based 

on monitored air quality data for the 

PM–10 NAAQS from 2004 through 

September 2006. 

Several Indian tribes have 

reservations located within the 

boundaries of the Phoenix and Owens 

Valley nonattainment areas. EPA 

implements CAA provisions for 

determining whether such areas have 

attained the NAAQS by the applicable 

attainment deadline in these 

reservations. EPA is also proposing that 

these areas have failed to attain the PM–

10 NAAQS. Thus, this proposed rule 

could potentially affect these tribes. 

Accordingly, EPA has notified the 

affected tribal leaders of this proposed 

rule and is inviting consultation with 

interested tribes. 

If EPA finalizes, after public notice 

and comment, these failure to attain 

findings, Arizona and California must 

submit by December 31, 2007, plan 

provisions that provide for attainment of 

the PM–10 NAAQS and that achieve 5 

percent annual reductions in PM–10 or 

PM–10 precursor emissions as required 

by CAA section 189(d). 

DATES: Written comments must be 

received on or before April 23, 2007. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2007–0091, by one of the 

following methods: 

(1) Federal eRulemaking portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

(2) E-mail: lo.doris@epa.gov 

(3) Mail or deliver: Doris Lo (AIR–2), 

U.S. Environmental Protection Agency 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available online at www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through the 

www.regulations.gov or e-mail. 

www.regulations.gov is an anonymous 

access system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: For 

Phoenix issues contact Doris Lo, EPA 

Region IX, (415) 972–3959, 

lo.doris@epa.gov; for Owens Valley 

issues contact Larry Biland, EPA Region 

IX, (415) 947–4132, 

biland.larry@epa.gov; and for air quality 

monitoring issues contact Bob Pallarino, 

EPA Region IX, (415) 947–4128, 

pallarino.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean 

EPA. 

I. Background 

The NAAQS are levels for certain 

ambient air pollutants set by EPA to 

protect public health and welfare. PM–

10 is among the ambient air pollutants 

for which EPA has established healthbased standards. PM–10 causes adverse 

health effects by penetrating deep in the 


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