Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 5927

Unfunded Mandates 

The Unfunded Mandates Reform Act 

requires, in 2 U.S.C. 1532, that agencies 

prepare an assessment of anticipated 

costs and benefits before developing any 

rule that may result in an expenditure 

by State, local, or tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more in any given year. 

This final rule would have no such 

effect on State, local, or tribal 

governments, or the private sector. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Executive Order 12866 

The Office of Management and Budget 

has reviewed this document under 

Executive Order 12866. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601 through 

612. The final rule would not cause a 

significant economic impact on health 

care providers, suppliers, or entities 

since only a small portion of the 

business of such entities concerns VA 

beneficiaries. Therefore, pursuant to 5 

U.S.C. 605(b), the final rule is exempt 

from the initial and final regulatory 

flexibility analysis requirements of 

sections 603 and 604. 

Catalog of Federal Domestic Assistance 

Numbers 

The Catalog of Federal Domestic 

Assistance Numbers are 64.009, 64.010 

and 64.011.

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs—health, 

Government programs—veterans, Health 

care, Health facilities, Health 

professions, Health records, Homeless, 

Medical and dental schools, Medical 

devices, Medical research, Mental 

health programs, Nursing home care, 

Philippines, Reporting and 

recordkeeping requirements, 

Scholarships and fellowships, Travel 

and transportation expenses, Veterans.

Approved: October 20, 2004. 

Anthony J. Principi, 

Secretary of Veterans Affairs.

■ For the reasons set out in the preamble, 

38 CFR part 17 is amended as set forth 

below:

PART 17—MEDICAL

■ 1. The authority citation for part 17 

continues to read as follows:

Authority: 38 U.S.C. 501, 1721, unless 

otherwise noted.

■ 2. Section 17.56 is amended by:

■ a. Revising the section heading.

■ b. In paragraph (a), removing ‘‘Except 

for anesthesia services,’’ and adding, in 

its place, ‘‘Except for anesthesia services, 

and services provided in the State of 

Alaska under paragraph (d) of this 

section,’’; removing ‘‘Department of 

Health & Human Services, Health Care 

Financing Administration (HCFA) under 

Medicare’s participating’’ and adding, in 

its place, ‘‘Centers for Medicare and 

Medicaid Services’ (CMS) 

participating’’; removing ‘‘calculated 

under Medicare’s participating’’ and 

adding, in its place, ‘‘calculated under 

Centers for Medicare and Medicaid 

Services’ participating’’; and removing 

all references to ‘‘non-VA physician 

services’’ and adding, in their place, 

‘‘non-VA health care professional 

services’’.

■ c. In paragraph (b), removing 

‘‘Medicare’s participating’’ and adding, 

in its place, ‘‘Centers for Medicare and 

Medicaid Services’ participating’’; and 

removing ‘‘calculating the Medicare fee’’

and adding, in its place, ‘‘calculating the 

Centers for Medicare and Medicaid 

Services’ fee’’.

■ d. Redesignating paragraphs (d) and (e) 

as paragraphs (e) and (f), respectively.

■ e. Adding a new paragraph (d).

■ f. In redesignated paragraph (f), 

removing the phrase ‘‘paragraphs (a) 

through (d)’’ and adding, in its place, 

‘‘paragraphs (a) through (e)’’. 

The revision and addition read as 

follows:

§ 17.56 Payment for non-VA physician and 

other health care professional services.

* * * * *

(d) For services rendered in Alaska, 

VA will pay for services in accordance 

with a fee schedule that uses the Health 

Insurance Portability and 

Accountability Act mandated national 

standard coding sets. VA will pay a 

specific amount for each service for 

which there is a corresponding code. 

Under the VA Alaska Fee Schedule the 

amount paid in Alaska for each code 

will be 90 percent of the average amount 

VA actually paid in Alaska for the same 

services in Fiscal Year (FY) 2003. For 

services that VA provided less than 

eight times in Alaska in FY 2003, for 

services represented by codes 

established after FY 2003, and for unitbased codes prior to FY 2004, VA will 

take the Centers for Medicare and 

Medicaid Services’ rate for each code 

and multiply it times the average 

percentage paid by VA in Alaska for 

Centers for Medicare and Medicaid 

Services-like codes. VA will increase 

the amounts on the VA Alaska Fee 

Schedule annually beginning in 2005 in 

accordance with the published national 

Medicare Economic Index (MEI). For 

those years where the annual average is 

a negative percentage, the fee schedule 

will remain the same as the previous 

year. Payment for non-VA health care 

professional services in Alaska shall be 

the lesser of the amount billed, or the 

amount calculated under this subpart.

* * * * *

(Authority: 38 U.S.C. 513, 1703, 1728)

[FR Doc. 05–2107 Filed 2–3–05; 8:45 am] 

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R04–OAR–2004–KY–0001–200425(w); FRL–

7868–8] 

Approval and Promulgation of 

Implementation Plans for Kentucky: 1-

Hour Ozone Maintenance Plan Update 

for Edmonson Area; Withdrawal of 

Direct Final Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Due to adverse comment, EPA 

is withdrawing the direct final rule 

published December 17, 2004, (69 FR 

75473) approving revisions to the 

Edmonson County portion of the State 

Implementation Plan (SIP) submitted by 

the Commonwealth of Kentucky on 

August 24, 2004. The submittal provides 

the 10-year update to the original 1-hour 

ozone maintenance plans for three 1-

hour ozone maintenance areas, 

including the Edmonson County 

Maintenance Area, and also provides 

revised 2004 motor vehicle emission 

budgets (MVEBs) and establishes 2015 

MVEBs. EPA stated in the direct final 

rule that if EPA received adverse 

comment by January 18, 2005, the rule 

would be withdrawn and not take effect. 

EPA subsequently received adverse 

comment. EPA will address the 

comment in a subsequent final action 

based upon the proposed action also

5928 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 

published on December 17, 2004 (69 FR 

75495). EPA will not institute a second 

comment period on this action.

DATES: The direct final rule is 

withdrawn as of February 4, 2005.

FOR FURTHER INFORMATION CONTACT:

Michele Notarianni, Air Planning 

Branch, U.S. Environmental Protection 

Agency Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. 

((404) 562–9031 (phone) or 

notarianni.michele@epa.gov (e-mail).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: January 24, 2005. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4.

[FR Doc. 05–2069 Filed 2–3–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FL–87; FL–89–200501, FRL–7869–2] 

Approval and Promulgation of 

Implementation Plans; Florida: Citrus 

Juice Processing

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final conditional approval.

SUMMARY: The EPA is conditionally 

approving a revision to the Florida State 

Implementation Plan (SIP) consisting of 

a new Florida statute and implementing 

regulations that set emission limits for 

existing and new equipment at existing 

citrus juice processing facilities in 

Florida. This approval is conditioned 

upon a commitment from the State to 

adopt specific enforceable measures, as 

stated in the proposed rule published 

January 30, 2004 (69 FR 4459), within 

one year from the effective date of this 

rule. If the State fails to meet its 

commitment by adopting and 

submitting to EPA the necessary 

revisions within the one-year period, 

the approval is treated as a disapproval.

DATES: Effective Date: This rule will be 

effective March 7, 2005.

ADDRESSES: EPA has established a 

docket for this action under Docket 

Control No. FL–87 and FL–89. Some 

information may not be publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Publicly available docket materials are 

available at the Air Permits Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 to 4:30, excluding 

Federal holidays. Copies of the State 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency: Florida Department of 

Environmental Protection, Division of 

Air Resources Management, 2600 Blair 

Stone Road, Tallahassee, Florida 32399–

2400.

FOR FURTHER INFORMATION CONTACT: Ms. 

Kelly Fortin, Air Permits Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street, SW., Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9117. Ms. Fortin can also be 

reached via electronic mail at 

fortin.kelly@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Today’s Action 

Today’s action is a conditional 

approval under section 110(k)(4) of the 

Clean Air Act (CAA). EPA may 

conditionally approve a plan based on 

a commitment from the State to adopt 

specific enforceable measures within 

one year from the effective date of final 

conditional approval. Because the 

revisions would materially alter the 

existing SIP approved rule, the State 

must make a SIP submittal. If the State 

fails to adopt and submit the specified 

measures by the end of one year from 

the effective date of this conditional 

approval, or fails to make a submittal, 

EPA will issue a finding of disapproval. 

If EPA determines that the rule with the 

specified measures is approvable, EPA 

will propose approval of the rule in the 

Federal Register. EPA will 

conditionally approve a certain rule 

only once. 

II. Background 

EPA is taking this action in response 

to a request from the Florida 

Department of Environmental Protection 

(FDEP) to revise Florida’s SIP and Title 

V operating permit program to include 

an alternative regulatory program for 

citrus juice processing facilities. FDEP’s 

complete submittal, received by EPA on 

July 29, 2002, includes a new citrus 

statute (Florida Statute 403.08725), 

which the State adopted in July 2000 

and amended on June 12, 2003, as well 

as draft implementing regulations and 

supporting material. FDEP formally 

adopted these implementing regulations 

in December 2002. 62–210.340 F.A.C. 

FDEP also requested that the statute and 

regulation be considered by EPA 

pursuant to the Joint EPA/State 

Agreement to Pursue Regulatory 

Innovation between EPA and the 

Environmental Council of the States 

(‘‘ECOS’’). 63 FR 24784. After a detailed 

review, EPA responded to FDEP with 

letters, dated September 18, 2002, and 

April 24, 2003, listing several changes to 

the program that must be made in order 

for EPA to incorporate the program into 

the Florida SIP. On January 31, 2003, 

FDEP made a supplemental submittal 

outlining their intent to make necessary 

statutory and regulatory revisions to the 

program. In a Federal Register notice 

published on January 30, 2004, EPA 

requested comment on a proposal to 

conditionally approve the proposed 

changes to the Florida SIP. The Federal 

Register notice described the proposed 

program and identified specific 

deficiencies that EPA has determined 

must be corrected in order for EPA to 

approve the program as part of the 

Florida SIP. You may access this notice 

and the January 30, 2004 Federal 

Register document electronically at 

http://www.regulations.gov. No 

comments were received by EPA during 

the 30 day public comment period. 

The proposed program requires the 

existing juice processing facilities in 

Florida to comply with specified terms 

in the statute when they construct, 

operate, and modify air emissions units. 

For some units these conditions are 

different from those required by the 

conventional construction and operating 

permit requirements required by the 

SIP-approved Florida regulations that 

currently apply to citrus juice 

processing facilities. The statute 

requires a 65 percent recovery (50 

percent the first year) of d-limonene oil 

from peel processed through the peel 

dryer. This reduction will decrease 

emissions of volatile organic 

compounds (VOC) from these facilities 

by approximately 38 percent. The citrus 

facilities can comply with the VOC 

emission limitations through a 

combination of emission controls, 

pollution prevention, and emission 

credits that can be generated through 

over-control of the juice processing 

facilities. The statute includes 

requirements for emissions of VOC, 

nitrogen oxides (NOX), sulfur dioxide 

(SO2), and particulate matter (PM), for 

existing units and for new units. New