31182 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321– 

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e) of the Instruction, from further 

environmental documentation. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.255 revise paragraph 

(a)(2)(i) to read as follows: 

§ 117.255 Potomac River. 

* * * * * 

(a) * * * 

(2) * * * 

(i) From Monday through Friday 

(except Federal holidays), 5 a.m. to 8 

p.m. 

* * * * * 

Dated: June 25, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard 

Commander, Fifth Coast Guard District. 

[FR Doc. E9–15559 Filed 6–26–09; 4:15 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 668, 686, 690, and 691 

[Docket ID ED–2009–OPE–0001] 

RIN 1840–AC96 

Student Assistance General 

Provisions; Teacher Education 

Assistance for College and Higher 

Education (TEACH) Grant Program; 

Federal Pell Grant Program; Academic 

Competitiveness Grant Program and 

National Science and Mathematics 

Access To Retain Talent Grant 

Program 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Interim final rule; correction. 

SUMMARY: The Department of Education 

is correcting an interim final regulation 

that was published in the Federal 

Register on May 1, 2009. These interim 

final regulations implemented 

provisions of the Higher Education Act 

of 1965 (HEA), as amended by the 

Ensuring Continued Access to Student 

Loans Act of 2008 (ECASLA) and the 

Higher Education Opportunity Act of 

2008 (HEOA), related to the Academic 

Competitiveness Grant (ACG) and 

National Science and Mathematics 

Access to Retain Talent Grant (National 

SMART Grant) Programs. 

DATES: Effective July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sophia McArdle, Office of 

Postsecondary Education, U.S. 

Department of Education, 1990 K Street, 

NW., Room 8019, Washington, DC 

20006–8544. Telephone: (202) 219– 

7078. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1– 

800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under this section. 

SUPPLEMENTARY INFORMATION: 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Daniel T. Madzelan, Director, 

Forecasting and Policy Analysis for the 

Office of Postsecondary Education, to 

perform the functions of the Assistant 

Secretary for Postsecondary Education. 

■ In FR Doc. E9–10094, appearing on 

page 20210 in the Federal Register on 

May 1, 2009, the following corrections 

are made: 

§ 691.63 [Corrected] 

■ 1. On page 20224, in the second 

column, in § 691.63, in amendment 19, 

instruction G is corrected to read as 

follows: ‘‘Revising paragraph (c)(3).’’ 

■ 2. On page 20224, in the second 

column, the regulatory text of § 691.63 

is corrected by setting out the revised 

paragraph (c)(3) as follows: 

§ 691.63 Calculation of a grant for a 

payment period. 

* * * * * 

(c) * * * 

(3) Multiplying his or her ACG or 

National SMART Grant annual award 

determined under paragraph (c)(2) of 

this section by the following fraction as 

applicable: or 

In a program using semesters or 

trimesters— 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations 31183 

The number of weeks of instructional time offered in the

 program in the fall and spring semesters or trimesters

The number of weeks of instructional time in the program’s academic year

; or In a program using quarters— 

The number of weeks of instructional time offered in the

 program in the fall, winter, and spring quarters

The number of weeks of instructional time in the program’s academic year

; and 

* * * * * 

Dated: June 24, 2009. 

Daniel T. Madzelan, 

Director, Forecasting and Policy Analysis. 

[FR Doc. E9–15369 Filed 6–29–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 431, 433, 440 and 441 

[CMS–2287–F2; CMS–2213–F2; CMS 2237– 

F] 

RIN 0938–AP75 

Medicaid Program: Rescission of 

School-Based Administration/ 

Transportation Final Rule, Outpatient 

Hospital Services Final Rule, and 

Partial Rescission of Case 

Management Interim Final Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This rule finalizes our 

proposal to rescind the December 28, 

2007 final rule entitled, ‘‘Elimination of 

Reimbursement under Medicaid for 

School Administration Expenditures 

and Costs Related to Transportation of 

School-Age Children Between Home 

and School;’’ the November 7, 2008 

final rule entitled, ‘‘Clarification of 

Outpatient Hospital Facility (Including 

Outpatient Hospital Clinic) Services 

Definition;’’ and certain provisions of 

the December 4, 2007 interim final rule 

entitled, ‘‘Optional State Plan Case 

Management Services.’’ These 

regulations have been the subject of 

Congressional moratoria and have not 

yet been implemented (or, with respect 

to the case management interim final 

rule, have only been partially 

implemented) by CMS. In light of 

concerns raised about the adverse 

effects that could result from these 

regulations, in particular, the potential 

restrictions on services available to 

beneficiaries and the lack of clear 

evidence demonstrating that the 

approaches taken in the regulations are 

warranted, CMS is rescinding the two 

final rules in full, and partially 

rescinding the interim final rule. 

Rescinding these provisions will permit 

further opportunity to determine the 

best approach to further the objectives 

of the Medicaid program in providing 

necessary health benefits coverage to 

needy individuals. 

DATES: Effective Date: These regulations 

are effective on July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Brown (410) 786–0673 or Judi 

Wallace (410) 786–3197, for issues 

related to the School-Based 

Administration/Transportation final 

rule. 

Jeremy Silanskis (410) 786–1592, for 

issues related to the Outpatient Hospital 

Services final rule. 

Jean Close (410) 786–2804 or Melissa 

Harris (410) 786–3397, for issues related 

to the Case Management interim final 

rule. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Elimination of Reimbursement Under 

Medicaid for School Administration 

Expenditures and Costs Related to 

Transportation of School-Age Children 

Between Home and School 

Under the Medicaid program, Federal 

payment is available for the costs of 

administrative activities as found 

necessary by the Secretary for the 

proper and efficient administration of 

the State plan. On December 28, 2007, 

we published a final rule entitled, 

‘‘Elimination of Reimbursement under 

Medicaid for School Administration 

Expenditures and Costs Related to 

Transportation of School-Age Children 

Between Home and School’’ (hereinafter 

referred to as the School-Based 

Administration/Transportation final 

rule (72 FR 73635)), to eliminate Federal 

Medicaid payment for the costs of 

certain school-based administrative and 

transportation activities based on a 

Secretarial finding that these activities 

are not necessary for the proper and 

efficient administration of the Medicaid 

State plan and are not within the 

definition of the optional transportation 

benefit. Under the final rule, Federal 

Medicaid payments were not available 

for administrative activities performed 

by school employees or contractors, or 

anyone under the control of a public or 

private educational institution, or for 

transportation between home and 

school. Federal financial participation 

(FFP) remained available for covered 

services furnished at or through a school 

that are included in a child’s 

individualized education program (IEP), 

and for transportation from school to a 

provider in the community for a covered 

service. FFP also remained available for 

the costs of school-based Medicaid 

administrative activities conducted by 

employees of the State or local Medicaid 

agency, and for transportation to and 

from a school for children who are not 

yet school age but are receiving covered 

direct medical services at the school. 

The December 28, 2007, School-Based 

Administration/Transportation final 

rule became effective on February 26, 

2008. Subsequent to publication of the 

final rule, section 206 of the Medicare, 

Medicaid, and SCHIP Extension Act of 

2007 (Pub. L. 110–173) imposed a 

moratorium until June 30, 2008, that 

precluded CMS from imposing any 

restrictions contained in the rule that 

are more stringent than those applied as 

of July 1, 2007. Section 7001(a)(2) of the 

Supplemental Appropriations Act of 

2008 (Pub. L. 110–252) extended this 

moratorium until April 1, 2009; and 

section 5003(b) of the American 

Recovery and Reinvestment Act of 2009 

(the Recovery Act) (Pub. L. 111–5) 

further extended the moratorium until 

July 1, 2009. 


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