Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Proposed Rules 22539

§ 702.413 Fees for medical services;

prevailing community charges.

All fees charged by medical care

providers for persons covered by this

Act shall be limited to such charges for

the same or similar care (including

supplies) as prevails in the community

in which the medical care provider is

located and shall not exceed the

customary charges of the medical care

provider for the same or similar

services. Where a dispute arises

concerning the amount of a medical bill,

the Director shall determine the

prevailing community rate using the

OWCP Medical Fee Schedule (as

described in 20 CFR 10.411) to the

extent appropriate, and where not

appropriate, may use other state or

federal fee schedules. The opinion of

the Director that a charge by a medical

care provider disputed under the

provisions of § 702.414 exceeds the

charge which prevails in the community

in which said medical care provider is

located shall constitute sufficient

evidence to warrant further proceedings

pursuant to § 702.414 and to permit the

Director to direct the claimant to select

another medical provider for care to the

claimant.

7. In § 702.414, paragraphs (a) and (c)

are revised to read as follows:

§ 702.414 Fees for medical services;

unresolved disputes on prevailing charges.

(a) The Director may, upon written

complaint of an interested party, or

upon the Director’s own initiative,

investigate any medical care provider or

any fee for medical treatment, services,

or supplies that appears to exceed

prevailing community charges for

similar treatment, services or supplies

or the provider’s customary charges.

The OWCP medical fee schedule (see

§ 702.413) shall be used by the Director,

where appropriate, to determine the

prevailing community charges for a

medical procedure by a physician or

hospital (to the extent such procedure is

covered by the OWCP fee schedule). A

claim by the provider that the OWCP fee

schedule does not represent the

prevailing community rate will be

considered only where the following

circumstances are presented: (1) Where

the actual procedure performed was

incorrectly identified by medical

procedure code; (2) that the presence of

a severe or concomitant medical

condition made treatment especially

difficult; (3) the provider possessed

unusual qualifications (board

certification in a specialty is not

sufficient evidence in itself of unusual

qualifications); or (4) the provider or

service is not one covered by the OWCP

fee schedule as described by 20 CFR

10.411(d)(1). These are the only

circumstances which will justify

reevaluation of the amount calculated

under the OWCP fee schedule. The

Director’s investigation may initially be

conducted informally through contact of

the medical care provider by the district

director. If this informal investigation is

unsuccessful further proceedings may

be undertaken. These proceedings may

include, but not be limited to: An

informal conference involving all

interested parties; agency interrogatories

to the pertinent medical care provider;

and issuance of subpoenas duces tecum

for documents having a bearing on the

dispute.

(b) * * *

(c) After any proceeding under this

section the Director shall make specific

findings on whether the fee exceeded

the prevailing community charges (as

established by the OWCP fee schedule,

where appropriate) or the provider’s

customary charges and provide notice of

these findings to the affected parties.

PART 703—INSURANCE

REGULATIONS

§ 703.121 [Removed]

8. Section 703.121 is removed.

Signed at Washington, DC., this 1st day of

May, 1995.

Ida L. Castro,

Deputy Assistant Secretary for Workers’

Compensation Programs.

[FR Doc. 95–11149 Filed 5–5–95; 8:45 am]

BILLING CODE 4510–27–M

Occupational Safety and Health

Administration

29 CFR Part 1926

Steel Erection Negotiated Rulemaking

Advisory Committee

AGENCY: Occupational Safety and Health

Administration (OSHA), Labor.

ACTION: Notice of Committee meeting.

SUMMARY: Under the provisions of the

Federal Advisory Committee Act

(FACA), notice is hereby given of a

meeting of the Steel Erection Negotiated

Rulemaking Advisory Committee

(SENRAC). Notice is also given of the

location of the meeting. This meeting

will be open to the public. Information

on room numbers will be available in

the lobby of the designated building. A

schedule of additional meetings will be

provided in a future notice.

DATES: The meeting is scheduled for

May 24–26, 1995. The meeting will

begin at 9:00 a.m. on May 24th.

ADDRESSES: Hyatt Hotel at Dulles

Airport—2300 Dulles Corner Boulevard,

Herndon, VA 22071; telephone (703)

713–1234.

FOR FURTHER INFORMATION CONTACT:

Anne Cyr, Acting Director, Office of

Information and Consumer Affairs,

OSHA, U.S. Department of Labor, Room

N–3647, 200 Constitution Avenue,

N.W., Washington, D.C. 20210;

telephone (202) 219–8151.

SUPPLEMENTARY INFORMATION: On May

11, 1994, OSHA announced that it had

established the Steel Erection

Negotiated Rulemaking Advisory

Committee (SENRAC)(59 FR 24389) in

accordance with the Federal Advisory

Committee Act (FACA), the Negotiated

Rulemaking Act of 1990 (NRA) and

section 7(b) of the Occupational Safety

and Health Act (OSH Act) to resolve

issues associated with the development

of a Notice of Proposed Rulemaking on

Steel Erection. Appointees to the

Committee include representatives from

labor, industry, public interests and

government agencies.

SENRAC began negotiations in mid

June, 1994, and has met seven times

since. Initial meetings dealt with

procedural matters, including

schedules, agendas and the

establishment of workgroups. The

Committee established workgroups to

address issues on Fall Protection,

Allocation of Responsibility,

Construction Specifications and Scope.

During subsequent meetings,

foundations for negotiations were

established and additional workgroups

were formed. In addition, the resolution

of issues and the drafting of a revised

rule continues.

All interested parties are invited to

attend the Committee meetings at the

time and place indicated above. No

advanced registration is required.

Seating will be available to the public

on a first-come, first-served basis.

Persons with disabilities, who need

special accommodations, should contact

the Facilitator by May 17, 1995.

During the meeting, members of the

general public may informally request

permission to address the Committee.

Minutes of the meetings and materials

prepared for the Committee will be

available for public inspection at the

OSHA Docket Office, N–2625, 200

Constitution Ave., N.W., Washington,

D.C. 20210; telephone (202) 219–7894.

Copies of these materials may be

obtained by sending a written request to

the Facilitator.

The Facilitator, Philip J. Harter, can

be reached at Suite 404, 2301 M Street,

NW, Washington, D.C. 20037; telephone

(202) 887–1033, FAX (202) 887–1036.
22540 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Proposed Rules

Authority: This document was prepared

under the direction of Joseph A. Dear,

Assistant Secretary of Labor for Occupational

Safety and Health, U.S. Department of Labor,

200 Constitution Avenue, N.W., Washington,

D.C. 20210, pursuant to section 3 of the

Negotiated Rulemaking Act of 1990, 104 Stat.

4969, Title 5 U.S.C. 561 et seq.; and Section

7(b) of the Occupational Safety and Health

Act of 1970, 84 Stat. 1597, Title 29 U.S.C.

656.

Signed at Washington, D.C., this 3rd day of

May, 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 95–11236 Filed 5–5–95; 8:45 am]

BILLING CODE 4510–26–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ 47–1–6945b; FRL–5191–2]

Proposed Approval of Implementation

Plans; Arizona—State Implementation

Plan Revision, Maricopa

Nonattainment Area; Basic and

Enhanced Inspection and Maintenance

Program for Carbon Monoxide and

Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the Arizona State

Implementation Plan (SIP) which

concern the implementation of both a

basic inspection/maintenance (I/M) and

enhanced I/M program to be

implemented in ozone and carbon

monoxide (CO) nonattainment areas of

Arizona.

The intended effect of proposing

approval of this SIP is to control

emissions of CO and ozone precursors

in accordance with the requirements of

the Clean Air Act, as amended in 1990

(CAA or the Act). In the Final Rules

section of this Federal Register, the EPA

is approving the state’s SIP revision as

a direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for this approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. 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. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by June 7,

1995.

ADDRESSES: Written comments on this

action should be addressed to: Roxanne

Johnson, Mobile Source Section (A–2–

1), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105.

Copies of the SIP revision and EPA’s

evaluation of the SIP are available for

public inspection at EPA’s Region 9

office during normal business hours.

Copies of the submitted SIP revisions

are also available for inspection at the

following locations: Arizona

Department of Environmental Quality,

Air Quality Division, 3033 North

Central Avenue, Phoenix, Arizona

85012, Telephone: (602) 207–2300.

FOR FURTHER INFORMATION CONTACT:

Roxanne Johnson, Mobile Sources

Section, A–2–1, Air and Toxics

Division, U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, CA 94105, Telephone:

(415) 744–1225.

SUPPLEMENTARY INFORMATION: This

document concerns an Arizona

Department of Environmental Quality

(ADEQ) SIP revision to implement a

basic and enhanced I/M program in CO

and ozone nonattainment areas of

Arizona. Because the Arizona legislature

required upgrades for an enhanced I/M

program that began January 3, 1995

which is currently running and

operating smoothly, and because the

State submitted a fully approvable SIP

revision, the EPA decided to approve

and take direct final action on the SIP

submittal. For further information,

please see the information provided in

the direct final action which is located

in the Rules Section of this Federal

Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 5, 1995.

John Wise,

Acting Regional Administrator.

[FR Doc. 95–10815 Filed 5–5–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[NC–60–1–6736b; FRL–5198–2]

Approval and Promulgation of

Implementation Plans; North Carolina:

Title V, Section 507, Small Business

Stationary Source Technical and

Environmental Compliance Assistance

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the State of North

Carolina for the purpose of establishing

a small business assistance program

(SBAP). In the final rules section of this

Federal Register, the EPA is approving

the State’s SIP revision as a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

revision amendment 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 that direct final

rule, no further activity is contemplated

in relation to this proposed rule. 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. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by June 7, 1995.

ADDRESSES: Written comments should

be addressed to: Kimberly Bingham,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 345 Courtland

Street, NE., Atlanta, Georgia 30365.

Copies of the material submitted by

the State of North Carolina may be

examined during normal business hours

at the following locations:

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW.,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street, NE., Atlanta,

Georgia 30365.

State of North Carolina Department of

Environment, Health and Natural

Resources, Division of Environmental

Management, P.O. Box 29535,

Raleigh, North Carolina 27626–0535.