Federal Register / Vol. 66, No. 41 / Thursday, March 1, 2001 / Rules and Regulations 12871

Accordingly, a disputed question of fact

concerning a beneficiary’s enrollment

will not be considered an appealable

issue under the provisions of this

section, but shall be resolved in

accordance with paragraph (c) of this

section and the dental plan contractor’s

enrollment policies and procedures.

(2) Decisions relating to the issuance

of a nonavailability statement (NAS) in

each case are made by the Uniformed

Services. Disputes over the need for an

NAS or a refusal to issue an NAS are not

appealable under this section. The one

exception is when a dispute arises over

whether the facts of the case

demonstrate a dental emergency for

which an NAS is not required. Denial of

payment in this one situation is an

appealable issue.

(3) Any decision or action on the part

of the dental plan contractor to include

a provider in their network or to

designate a provider as participating is

not appealable under this section.

Similarly, any decision or action on the

part of the dental plan contractor to

exclude a provider from their network

or to deny participating provider status

is not appealable under this section.

(vii) Amount in dispute.—(A)

General. An amount in dispute is

required for an adverse determination to

be appealed under the provisions of this

section, except as set forth or further

explained in § 199.10(a)(7)(ii), (iii) and

(iv).

(B) Calculated amount. The amount

in dispute is calculated as the amount

of money the dental plan contractor

would pay if the services involved in

the dispute were determined to be

authorized benefits of the TDP.

Examples of amounts of money that are

excluded by this section from payments

for authorized benefits include, but are

not limited to:

(1) Amounts in excess of the dental

plan contractor’s—determined

allowable charge.

(2) The beneficiary’s cost-share

amounts.

(3) Amounts that the beneficiary, or

parent, guardian, or other responsible

person has no legal obligation to pay.

(4) Amounts excluded under the

provisions of § 199.8 of this part.

(viii) Levels of appeal. See

§ 199.10(a)(8)(i). Initial determinations

involving the sanctioning (exclusion,

suspension, or termination) of TDP

providers shall be appealed directly to

the hearing level.

(ix) Appeal decision. See

§ 199.10(a)(9).

(2) Reconsideration. See § 199.10(b).

(3) Formal review. See § 199.10(c).

(4) Hearing.—(i) General. See

§§ 1.99.10(d) and 199.10(d)(1) through

(d)(5) and (d0(7) through (d)(12) for

information on the hearing process.

(ii) Authority of the hearing officer.

The hearing officer, in exercising the

authority to conduct a hearing under

this part, will be bound by 10 U.S.C.,

chapter 55, and this part. The hearing

officer in addressing substantive,

appealable issues shall be bound by the

dental benefits brochure applicable for

the date(s) of service, policies,

procedures, instructions and other

guidelines issued by the ASD(HA), or a

designee, or by the Director,

OCHAMPUS, or a designee, in effect for

the period in which the matter in

dispute arose. A hearing officer may not

establish or amend the dental benefits

brochure, policy, procedures,

instructions, or guidelines. However,

the hearing officer may recommend

reconsideration of the policy,

procedures, instructions or guidelines

by the ASD (HA), or a designee, when

the final decisions is issued in the case.

(5) Final decision. See §§ 199.10(e)(1)

and 199.10(e)(1)(i) for information on

final decisions in the appeal and

hearing process, with the exception that

no recommended decision shall be

referred for review by ASD(HA).

§ 199.21 [Removed and Reserved]

3. Section 199.21 is removed and

reserved.

Dated: February 13, 2001.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 01–4047 Filed 2–28–01; 8:45 am]

BILLING CODE 5001–10–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[TN–2001–01; FRL–6941–7]

New Stationary Sources; Supplemental

Delegation of Authority to Knox

County, TN

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Delegation of authority.

SUMMARY: The Knox County Department

of Air Quality Management located in

Knoxville, Tennessee has requested that

EPA delegate authority for

implementation and enforcement of

existing New Source Performance

Standards (NSPS) which have been

previously adopted by the Knox County

Department of Air Quality Management

(KCDAQM or local agency) but have

remained undelegated by EPA, and to

approve the mechanism for delegation

(adopt-by-reference) of future NSPS.

The purpose of the local agency request

for approval of its delegation

mechanism is to streamline existing

administrative procedures by

eliminating any unnecessary steps

involved in the federal delegation

process. With this NSPS delegation

mechanism in place, a new or revised

NSPS promulgated by EPA will become

effective in Knox County on the date the

NSPS is adopted if the local agency

adopts the NSPS without change. No

further local agency requests for

delegation will be necessary. Likewise,

no further Federal Register notices will

be published. EPA reserves the right to

implement the federal NSPS directly

and continues to retain concurrent

enforcement authority. The EPA’s

review of the local agency’s pertinent

laws, rules, and regulations indicate that

adequate and effective procedures are in

place for the implementation and

enforcement of these Federal standards.

This document was written to inform

the public of delegations that were made

to KCDAQM for which a Federal

Register notice was not previously

written and to inform the public of the

local agency’s new mechanism for

delegation of future NSPS.

EFFECTIVE DATE: The effective date is

March 1, 2001.

ADDRESSES: Copies of the request for

delegation of authority and EPA’s letter

of delegation are available for public

inspection during normal business

hours at the following locations:

Environmental Protection Agency,

Region 4, Air and Radiation Technology

Branch, 61 Forsyth Street, SW., Atlanta,

Georgia 30303.

Knox County Department of Air

Quality Management, City/County

Building, Suite 459, 400 West Main

Street, Knoxville, Tennessee 37902–

2405.

Effective March 1, 2001, all requests,

applications, reports and other

correspondence required pursuant to

the delegated standards should not be

submitted to the Region 4 office, but

should instead be submitted to the

following address:

Knox County Department of Air

Quality Management, City/County

Building, Suite 459, 400 West Main

Street, Knoxville, Tennessee 37902–

2405.

FOR FURTHER INFORMATION CONTACT: Katy

Forney, Air and Radiation Technology

Branch, Environmental Protection

Agency, Region 4, 61 Forsyth St. SW.,

Atlanta, Georgia 30303, 404–562–9130.

E-mail: reeves.kathleen@epa.gov

12872 Federal Register / Vol. 66, No. 41 / Thursday, March 1, 2001 / Rules and Regulations

SUPPLEMENTARY INFORMATION: Section

301, in conjunction with sections 110

and 111(c)(1) of the Clean Air Act as

amended November 15, 1990, authorize

EPA to delegate authority to implement

and enforce the standards set out in 40

CFR part 60, New Source Performance

Standards (NSPS).

On May 20, 1977, the EPA initially

delegated the authority for

implementation and enforcement of the

NSPS program to Knox County. This

agency has subsequently requested a

delegation of authority for

implementation and enforcement of the

previously adopted, undelegated part 60

NSPS categories listed below as well as

future NSPS categories codified in 40

CFR part 60.

Delegation Requested on May 8, 1997:

40 CFR part 60, Subpart VV, as

amended 6–12–96

40 CFR part 60, Subpart Dc, as amended

5–8–96

Delegation Requested on October 18,

1996:

40 CFR part 60, Subpart Ea, as amended

12–19–95

40 CFR part 60, Subpart Eb, as amended

12–19–95

40 CFR part 60, Subpart WWW,

promulgated 3–12–96

All current NSPS categories are

delegated with the exception of the

following sections within those subparts

that may not be delegated. Future NSPS

regulations will contain a list of sections

that will not be delegated for that

subpart.

1. Subpart A—§ 60.8(b) (2) and (3),

§ 60.11(e) (7) and (8), § 60.13 (g), (i) and

(j)(2).

2. Subpart B—§ 60.22, § 60.27, and

§ 60.29.

3. Subpart Da—§ 60.45a.

4. Subpart Db—§ 60.44b(f),

§ 60.44b(g), § 60.49b(a)(4).

5. Subpart Dc—§ 60.48c(a)(4).

6. Subpart Ec—§ 60.56(c)(i).

7. Subpart J—§ 60.105(a)(13)(iii),

§ 60.106(i)(12).

8. Subpart Ka—§ 60.114a.

9. Subpart Kb—§ 60.111b(f)(4),

§ 60.114b, § 60.116b(e)(3) (iii) and (iv),

§ 60.116b(f)(2)(iii).

10. Subpart O—§ 60.153(e).

11. Subpart EE—§ 60.316(d).

12. Subpart GG—§ 60.334(b)(2),

§ 60.335(f)(1).

13. Subpart RR—§ 60.446(c).

14. Subpart SS—§ 60.456(d).

15. Subpart TT—§ 60.466(d).

16. Subpart UU—§ 60.474(g).

17. Subpart VV—§ 60.482–1(c)(2) and

§ 60.484.

18. Subpart WW—§ 60.496(c).

19. Subpart XX—§ 60.502(e)(6).

20. Subpart AAA—§ 60.531, § 60.533,

§ 60.534, § 60.535, § 60.536(i)(2),

§ 60.537, § 60.538(e), § 60.539.

21. Subpart BBB—§ 60.543(c)(2)(ii)(B).

22. Subpart DDD—§ 60.562–2(c).

23. Subpart III—§ 60.613(e).

24. Subpart NNN—§ 60.663(e).

25. Subpart RRR—§ 60.703(e).

26. Subpart SSS—§ 60.711(a)(16),

§ 60.713(b)(1)(i), § 60.713(b)(1)(ii),

§ 60.713(b)(5)(i), § 60.713(d), § 60.715(a),

§ 60.716.

27. Subpart TTT—§ 60.723(b)(1),

§ 60.723(b)(2)(i)(C), § 60.723(b)(2)(iv),

§ 60.724(e), § 60.725(b).

28. Subpart VVV—§ 60.743(a)(3)(v)(A)

and (B), § 60.743(e), § 60.745(a),

§ 60.746.

29. Subpart WWW—§ 60.754(a)(5).

After a thorough review of the

request, the Regional Administrator

determined that such a delegation was

appropriate for all source categories. All

sources subject to the requirements of

40 CFR part 60 will now be under the

jurisdiction of the appropriate above

mentioned agency.

Since review of the pertinent laws,

rules, and regulations for the local

agency has shown them to be adequate

for implementation and enforcement of

existing, previously adopted,

undelegated NSPS and future NSPS,

EPA hereby notifies the public that it

has delegated the authority for existing,

previously adopted and undelegated

NSPS as well as the mechanism for

delegation (adopt-by-reference) of future

NSPS source categories upon

publication of this Federal Register

document.

Administrative Requirements

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866, entitled

‘‘Regulatory Planning and Review.’’

The Congressional Review Act, as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (5 U.S.C. 801 et seq.), generally

provides that before a rule may take

effect, the agency promulgating the rule

must submit a rule report, which

includes a copy of the rule, to each

House of the Congress and to the

Comptroller General of the United

States. However, Section 808 allows the

issuing agency to make a rule effective

sooner than otherwise provided by the

Congressional Review Act if the agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement. 5 U.S.C.

808(2). As stated previously, EPA has

made such a good cause finding,

including the reasons therefor, and

established an effective date of March 1,

2001. EPA will submit a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This action is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(2).

Authority: This document is issued under

the authority of sections 101, 110, 111, 112

and 301 of the Clean Air Act, as Amended

(42 U.S.C. 7401, 7410, 7411, 7412 and 7601).

Dated: January 16, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 01–4977 Filed 2–28–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 70 and 71

[FRL–6934–5]

RIN 2060–AJ04

State and Federal Operating Permits

Programs: Amendments Compliance

Certification Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: We, the EPA, are taking direct

final action to amend the State

Operating Permits Program and the

Federal Operating Permits Program. The

amendments are in response to the

United States Circuit Court of Appeals

October 29, 1999, decision to remand to

us part of the October 22, 1997,

Compliance Assurance Monitoring

rulemaking that included revisions

describing the ongoing compliance

certification content requirements. In

particular, the Court ruled that the

compliance certification must address

whether the affected facility or source

has been in continuous or intermittent

compliance. This action will revise only

certain sections to carry through the

revisions to the compliance certification

requirements.

EFFECTIVE DATE: This final rule

amendment is effective on April 30,

2001 without further notice, unless we

receive adverse comments on this direct

final rule by April 2, 2001 or we receive

a request for a hearing by March 16,

2001. If we receive timely adverse

comment or a timely hearing request,

we will publish a withdrawal in the

Federal Register informing you, the

public, that this direct final rule will not

take effect.

ADDRESSES: Comments. You may submit

comments on this rulemaking in writing