54 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

ADDENDUM G.—REFERENCE SET WITH 1995 WORK RVUS—Continued

HCPCS1 Description Work RVU

99244 ................. Office consultation ................................................................................................................................................... 2.23

99245 ................. Office consultation ................................................................................................................................................... 2.96

99252 ................. Initial inpatient consult ............................................................................................................................................. 1.13

99253 ................. Initial inpatient consult ............................................................................................................................................. 1.56

99254 ................. Initial inpatient consult ............................................................................................................................................. 2.27

99255 ................. Initial inpatient consult ............................................................................................................................................. 3.14

99263 ................. Follow-up inpatient consult ...................................................................................................................................... 1.16

99282 ................. Emergency dept visit ............................................................................................................................................... 0.47

99283 ................. Emergency dept visit ............................................................................................................................................... 1.07

99284 ................. Emergency dept visit ............................................................................................................................................... 1.68

99285 ................. Emergency dept visit ............................................................................................................................................... 2.63

99291 ................. Critical care, first hour ............................................................................................................................................. 3.64

99292 ................. Critical care, addl 30 min ........................................................................................................................................ 1.84

99295 ................. Neonatal critical care ............................................................................................................................................... 16.03

99296 ................. Neonatal critical care ............................................................................................................................................... 7.40

99297 ................. Neonatal critical care ............................................................................................................................................... 3.84

99302 ................. Nursing facility care ................................................................................................................................................. 1.67

99311 ................. Nursing facility care, subseq ................................................................................................................................... 0.54

99353 ................. Home visit, estab patient ......................................................................................................................................... 1.48

99381 ................. Preventive visit, new, infant ..................................................................................................................................... 1.19

99382 ................. Preventive visit, new, age 1–4 ................................................................................................................................ 1.36

99383 ................. Preventive visit, new, age 5–11 .............................................................................................................................. 1.36

99384 ................. Preventive visit, new, 12–17 ................................................................................................................................... 1.53

99385 ................. Preventive visit, new, 18–39 ................................................................................................................................... 1.53

99386 ................. Preventive visit, new, 40–64 ................................................................................................................................... 1.88

99387 ................. Preventive visit, new, 65 & over .............................................................................................................................. 2.06

99391 ................. Preventive visit, est, infant ...................................................................................................................................... 1.02

99392 ................. Preventive visit, est, age 1–4 .................................................................................................................................. 1.19

99393 ................. Preventive visit, est, age 5–11 ................................................................................................................................ 1.19

99394 ................. Preventive visit, est, 12–17 ..................................................................................................................................... 1.36

99431 ................. Initial care, normal newborn .................................................................................................................................... 1.17

99433 ................. Normal newborn care, hospital ............................................................................................................................... 0.62

99440 ................. Newborn resuscitation ............................................................................................................................................. 2.93

1All numeric CPT HCPCS Copyright 1994 American Medical Association.

(Section 1848 of the Social Security Act (42

U.S.C. 1395w–4))

(Catalog of Federal Domestic Assistance

Program No. 93.774, Medicare—

Supplementary Medical Insurance Program)

Dated: December 22, 1994.

Neil J. Stillman,

Deputy Assistant Secretary for Information

Resources Management.

[FR Doc. 94–32286 Filed 12–29–94; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 391

RIN 2125–AC50

Controlled Substances Testing;

Removal of Foreign Implementation

Date

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule; removal of

compliance date.

SUMMARY: The Federal Highway

Administration announces the removal

of the compliance date from regulations

governing drug testing of foreign-based

employees of foreign-domiciled motor

carriers. On February 15, 1994, the

FHWA published a notice of proposed

rulemaking which proposed to begin

controlled substances and alcohol

testing of foreign-based employees of

foreign-domiciled employers under 49

CFR part 382 on January 1, 1996. But 49

CFR part 391 requires foreign-based

employees of foreign-domiciled

employers to implement controlled

substances testing effective January 2,

1995. The removal of the compliance

date in part 391 is to allow completion

of the part 382 rulemaking process

initiated in compliance with the

Omnibus Transportation Employee

Testing Act of 1991. Also the delay will

allow negotiation with foreign

governments to continue in an orderly

and effective fashion.

EFFECTIVE DATE: This rule is effective

December 30, 1994.

FOR FURTHER INFORMATION CONTACT: For

information regarding program issues:

Mr. Ronald Finn, Office of Motor Carrier

Standards, (202) 366–0647, or for

information regarding legal issues: Mr.

David Sett, Office of the Chief Counsel,

(202) 366–0834, Federal Highway

Administration, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590. Office

hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION: On

November 21, 1988, the FHWA, along

with certain other agencies within the

Department of Transportation (the

Department), adopted regulations

requiring pre-employment/use,

periodic, post-accident, reasonable

cause and random drug testing of

commercial motor vehicle drivers. The

FHWA rule applies to all covered

drivers while they are operating in the

United States, regardless of whether

they are based in a foreign country or

the United States. The rule provided,

however, that it would not apply to any

person for whom compliance would

violate the domestic laws or policies of

another country. The rule as originally

published further provided that in any

event it would not be effective until

January 1, 1990, with respect to any

person for whom a foreign government

contends that application of the rules

raises questions of compatibility with

that country’s laws or policies. See 53
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 55

FR 47134, codified at 49 CFR 391.81 et

seq.

The FHWA has delayed the effective

date of drug testing requirements for

foreign-based employees of foreignbased motor carriers on four occasions.

See 54 FR 39546, September 27, 1989;

54 FR 53294, December 27, 1989; 56 FR

18994, April 24, 1991; 57 FR 31277, July

14, 1992. The last of these established

January 2, 1995, as the date for

compliance with subpart H of part 391.

Meanwhile, on October 28, 1991, the

Omnibus Transportation Employee

Testing Act of 1991 (Omnibus Act) was

enacted (Pub. L. 102–143, Title V). The

Omnibus Act requires the Secretary of

Transportation to issue regulations

requiring drug and alcohol testing of

commercial motor vehicle drivers. Final

rules implementing such testing were

published on February 15, 1994. See 59

FR 7484, 49 CFR part 382. These new

rules institute alcohol testing and will

completely replace the current drug

testing rule in subpart H of 49 CFR part

391 by January 1, 1996. After that time,

subpart H of part 391 will no longer be

in effect. However, because § 391.83(c)

provides that foreign-based employees

of foreign-domiciled carriers shall be

subject to the drug testing rules in part

391 as of January 2, 1995, foreign motor

carriers would be required to conduct

testing for 1995 alone. The FHWA

published a notice of proposed

rulemaking (NPRM) on February 15,

1994, which proposed to require

foreign-based motor carriers to conduct

both alcohol and controlled substances

testing under the rules in 49 CFR part

382 rather than requiring foreign-based

motor carriers to conduct just controlled

substances testing under the rules in 49

CFR part 391. See 59 FR 7528.

The Omnibus Act applies to foreignbased motor carriers and drivers on its

face, with the proviso that the new rules

be ‘‘consistent with the international

obligations of the United States, and

* * * consider applicable laws and

regulations of foreign countries.’’ 49

U.S.C. 31306(h). Thus, foreign-based

drivers are required by the statute to be

covered, but the Secretary is granted the

authority to deem the requirement

satisfied by the testing laws of foreign

nations or through international

agreements.

On February 15, 1994, the FHWA

published an NPRM soliciting

comments on methods for conducting

testing of foreign drivers. The FHWA

proposed that the final controlled

substances and alcohol testing rule

under 49 CFR part 382 be amended to

cover foreign-based drivers of foreignbased carriers. To accomplish this,

§ 382.103(c)(4), which excludes foreignbased carriers, would be deleted. Based

on the comments about the efficacy and

progress of the negotiations process

aimed at achieving compatibility and

reciprocity of testing standards, the

implementation date was chosen to

provide the greatest opportunity for the

negotiation process to be completed

successfully. However, if the process

were not completed successfully, the

requirements of 49 CFR parts 40 and

382 were proposed to go into effect on

January 1, 1996. The FHWA continues

to analyze comments and negotiate with

foreign governments to achieve

compatible laws and reciprocity of

testing standards. To permit these

discussions to progress in an orderly

fashion, and to allow additional time to

work on compatibility and reciprocity

with foreign governments, the FHWA is

removing the date on which foreignbased motor carriers would be subject to

the drug testing rules at 49 CFR part

391.

This final rule removes the date by

which testing programs must commence

for persons located outside the territory

of the United States, including foreignbased employees of American

companies (or their foreign

subsidiaries). This action does not

postpone testing for any other person,

including U.S.-based employees of

foreign companies and their American

subsidiaries.

Rulemaking Analyses and Notices

The FHWA finds that further notice

and opportunity for comment are

unnecessary under 5 U.S.C.

§ 553(b)(3)(B) inasmuch as the issue of

when foreign-based employees of

foreign-domiciled carriers should be

subject to the FHWA’s new alcohol and

controlled substances testing rules at 49

CFR part 382, rather than the current

part 391 rules, has already been the

subject of notice-and-comment

rulemaking (RIN 2125–AD11) in a

December 15, 1992, advance notice of

proposed rulemaking (57 FR 59356) and

a February 15, 1994, notice of proposed

rulemaking (59 FR 7528). In addition,

the FHWA believes that further notice

and opportunity for comment are not

required under the regulatory policies

and procedures of the Department of

Transportation. In light of the earlier

opportunities to comment on this

subject, the FHWA does not anticipate

that providing an additional comment

period would result in the receipt of

useful information.

The FHWA also believes that this

final rule is exempt from the 30-day

delayed effective date requirement of

the Administrative Procedure Act under

5 U.S.C. § 553(d)(1) because it ‘‘grants or

recognizes an exemption or relieves a

restriction.’’ If 49 CFR § 391.83(c) were

not amended to remove the compliance

date, foreign-based drivers would be

subject to the drug testing rules of 49

CFR part 391 as of January 2, 1995. This

action provides that foreign-based

drivers will continue to be excluded

from the requirements of 49 CFR part

391, effectively granting an exemption

to the controlled substances testing

requirements in 49 CFR part 391 which

would otherwise soon apply to these

drivers. Therefore, the FHWA finds that

good cause exists to proceed directly to

a final rule which is effective upon its

date of publication.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this

action is neither a significant regulatory

action under Executive Order 12866 nor

significant under the Department of

Transportation’s regulatory policies and

procedures. In this final rule, the FHWA

removes the date on which the drug

testing rules at 49 CFR part 391 would

apply to foreign-based employees of

foreign-domiciled carriers, thereby

continuing to exempt these employees

from these drug testing rules. It is

anticipated that the economic impact of

this rulemaking will not be substantial

because, in removing the compliance

date for foreign-based employees of

foreign carriers, the FHWA is not

altering existing regulations in such a

way as to either impose or eliminate any

economic burden. These employees are

not now subject to the drug testing rules

at 49 CFR part 391, and this action

simply maintains their exempt status.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (Pub. L. 96–354, 5 U.S.C.

601–612), the FHWA has evaluated the

effects of this rule on small entities.

This final rule will remove the

compliance date by which foreigndomiciled motor carriers would have

been required to test drivers for the use

of controlled substances under 49 CFR

part 391. In removing this compliance

date, the FHWA is simply continuing to

exempt these employees from the

agency’s controlled substances testing

requirements. Therefore, a full

regulatory evaluation is not required.

For this reason and under the criteria of

the Regulatory Flexibility Act, the

FHWA hereby certifies that this action

will not have a significant economic

impact on a substantial number of small

entities.
56 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the final rule does not have sufficient

federalism implications to warrant the

preparation of a separate Federalism

assessment. This action removes the

requirement that foreign-based motor

carriers conduct controlled substances

testing. It does not place any

requirements on the States and thus

does not limit the policy-making

discretion of States.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.217,

Motor Carrier Safety. The regulations

implementing Executive Order 12372

regarding intergovernmental

consultation on Federal programs and

activities apply to this program.

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for purposes of the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501–

3520.

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and has determined

that this action will not have any effect

on the quality of the environment.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects in 49 CFR Part 391

Controlled substances, Driver

qualifications, Drug abuse, Drug testing,

Highways and roads, Highway safety,

Motor carriers, Motor vehicle safety,

Reporting and recordkeeping

requirements, Safety, Transportation.

Issued on: December 29, 1994.

Rodney E. Slater,

Federal Highway Administrator.

In consideration of the foregoing, the

FHWA is amending title 49, Code of

Federal Regulation, subtitle B, chapter

III, part 391 as set forth below:

PART 391—QUALIFICATION OF

DRIVERS

1. The authority citation for part 391

continues to read as follows:

Authority: 49 U.S.C. 504, 31136, and

31502; and 49 CFR 1.48.

Subpart H—Controlled Substances

Testing

2. In § 391.83, paragraph (c) is revised

to read as follows:

§ 391.83 Applicability.

* * * * *

(c) This subpart is not applicable with

respect to any foreign-based employee

of a foreign-domiciled motor carrier.

[FR Doc. 94–32333 Filed 12–30–94; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC27

Endangered and Threatened Wildlife

and Plants; Determination of

Endangered Status for Arabis

Perstellata

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) determines

endangered status for Arabis perstellata

(rock cress) under the authority of the

Endangered Species Act of 1973, as

amended (Act). The species is made up

of two subspecies occupying distinct

geographic areas. The small rock cress

(Arabis perstellata E. L. Braun var.

perstellata Fernald) is currently known

from 27 populations in Kentucky—24 in

Franklin County, 2 in Owen County,

and 1 in Henry County. The large rock

cress (Arabis perstellata E. L. Braun var.

ampla Rollins) is known from only two

populations in Rutherford County,

Tennessee. Both subspecies are

endangered throughout their range due

to habitat alteration; residential,

commercial, or industrial development;

timber harvesting; grazing and

trampling; and competition with native

and exotic weedy species, especially the

European garlic mustard (Alliaria

petiolata). This action extends Federal

protection under the Act to the rock

cress.

EFFECTIVE DATE: February 2, 1995.

ADDRESSES: The complete file for this

rule is available for public inspection,

by appointment, during normal business

hours at the Asheville Field Office, U.S.

Fish and Wildlife Service, 330

Ridgefield Court, Asheville, North

Carolina 28806.

FOR FURTHER INFORMATION CONTACT:

Mr. J. Allen Ratzlaff at the above address

(704/655–1195, Ext. 229).

SUPPLEMENTARY INFORMATION:

Background

Both varieties of Arabis perstellata

E.L. Braun, (Arabis perstellata E. L.

Braun var. ampla Rollins, large rock

cress, and Arabis perstellata E.L. Braun

var. perstellata Fernald, small rock

cress) are perennial members of the

mustard family (Brassicaceae). The large

rock cress is known from only one

county in Tennessee, and the small rock

cress is known from only three counties

in Kentucky. Both varieties have round

stems and alternate leaves. Their stems

and foliage have a grayish coloration

due to the large quantity of hairs. Their

stems arise from horizontal bases and

grow up to 80 centimeters (cm) (31.5

inches) long, often drooping from rock

ledges. Each year a basal rosette of

leaves is produced, and new flowering

branches emerge from the old rosette of

the previous season. Their lower leaves

vary from 4 to 15 cm (1.6 to 6.0 inches)

long and are obovate to oblanceolate

with slightly toothed and pinnatifid

margins. Their upper leaves are

smaller—up to 3.5 cm (1.4 inches)

long—and are elliptic to oblanceolate,

with coarse teeth along the margin. Both

surfaces of their leaves are stellatepubescent. The inflorescence is an

elongate raceme with numerous flowers.

Their flowers have four petals that are

3 to 4 millimeters (mm) (0.12 to 0.16

inch) long, are white to lavender, and

have four pale green sepals that are 2 to

3 mm (0.08 to 0.12 inch) long. There are

six stamens, with two shorter than the

other four. The ovary is elongate, twochambered, and develops into a silique.

Fruiting stalks are about 1 cm (0.4 inch)

long at maturity; siliques are up to 4 cm

(1.6 inches) long and are covered with

both simple and stellate hairs.

Flowering is from late March to early

May. Fruits mature from mid-May to

early June. Their oblong seeds are

reddish brown; somewhat flattened;

about 1 mm (0.04 inch) long; and, in

places, minutely hairy (Jones 1991).

Arabis perstellata was named by E.L.

Braun from plants collected between

1936 and 1993 on wooded hillsides

along Elkhorn Creek in Franklin County,

Kentucky. Braun (1940) distinguished

the new taxon from the similar Arabis

dentata (Torr.) T. & G. (now called

Arabis shortii (Fern.) Gleason) by its