Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices 67883

DEPARTMENT OF HEALTH AND of industrial resins (mainly urea, two parts: Part A has the peer-review HUMAN SERVICES phenol, polyacetal, and melamine comments on the draft background resins) that are used primarily to document and Part B has the National Toxicology Program (NTP); manufacture products such as adhesives recommendation on listing status and Report on Carcinogens (RoC) Center: and binders for wood products. Other its scientific justification. The expert Request for Public Comments on the uses include as a chemical intermediate, panel recommended that formaldehyde RoC Expert Panel’s Recommendation in agriculture (for example as a be listed in the 12th RoC as known to on Listing Status for Formaldehyde fumigant), in the production of be a human carcinogen. and the Scientific Justification for the paraformaldehyde and chelating agents, Request for Comments Recommendation embalming and fixative or preservative in the medical and research fields, and The RoC Center invites written public AGENCY: National Institute of as a preservative in numerous consumer comments on the expert panel’s Environmental Health Sciences products such as cleaning agents and recommendation on listing status for (NIEHS); National Institutes of Health cosmetic products. The predominant formaldehyde and the scientific (NIH). use of formaldehyde in the United justification for the recommendation. ACTION: Request for comments. States is in the production of industrial All comments received will be posted resins (mainly urea, phenol, polyacetal, on the RoC Web site and the commenter SUMMARY: The NTP invites public identified by name, affiliation, and comment on the recommendation from and melamine resins) that are used to manufacture products such as adhesives sponsoring organization, if applicable. an expert panel on the listing status for Persons submitting written comments formaldehyde in the 12th RoC and the and binders for wood products, pulp and paper, plastics, synthetic fibers, in are asked to include their name and scientific justification for the contact information (affiliation, mailing recommendation. The recommendation textile finishing and other products. Formaldehyde has been detected in address, telephone and facsimile and scientific justification for numbers, e-mail, and sponsoring formaldehyde are available indoor and outdoor air, surface water and groundwater, soil and food organization, if any) and send them to electronically in Part B of the Expert Dr. Lunn (see ADDRESSES above). The Panel Report (http://ntp.niehs.nih.gov/ products and is generally considered to be ubiquitous in the environment. deadline for submission of written go/29682 Formaldehyde, Expert Panel comments is February 8, 2010. Report Part B) or in printed text from Formaldehyde (gas) is currently listed in the RoC Center (see FOR FURTHER the 11th RoC as reasonably anticipated Next Steps INFORMATION CONTACT below). The RoC to be a human carcinogen, and was The RoC Center is in the process of Center convened a ten-member expert nominated for reclassification of its finalizing the background document for panel of scientists, plus four technical listing status in the 12th RoC. formaldehyde based upon the expert scientific experts, from the public and The NTP announced the RoC review panel’s peer review comments and private sectors on November 2–4, 2009, process for the 12th RoC on April 16, public comments on the draft in Research Triangle Park, NC. The 2007, in the Federal Register (72 FR document. Persons can register free-of- panel was asked (1) to apply the RoC 18999, available at http:// charge with the NTP listserv (http:// listing criteria to the relevant scientific ntp.niehs.nih.gov/go/15208). As part of ntp.niehs.nih.gov/go/231) to receive evidence and make a recommendation this process, the NTP announced notification when the final background regarding listing status (i.e., known to be availability of the draft background document is posted on the RoC Web a human carcinogen, reasonably document for formaldehyde, invited site. As part of the RoC review process, anticipated to be a human carcinogen, public comments on the draft two government groups will also or not to list) for formaldehyde in the background document, and announced conduct reviews of formaldehyde; these 12th RoC and (2) to provide the the formaldehyde expert panel meeting meetings are not open to the public. scientific justification for their (74 FR 15983, http:// Upon completion of these reviews, the recommendation. ntp.niehs.nih.gov/go/29682). On NTP will (1) draft a substance profile for November 2–4, 2009, the RoC Center DATES: The Expert Panel Report (Part B) formaldehyde that contains its listing convened a ten-member expert panel of recommendation for the 12th RoC and for formaldehyde will be available for scientists from the public and private public comment by December 18, 2009. the scientific information supporting sectors to evaluate formaldehyde for that recommendation, (2) solicit public Written comments should be submitted possible listing in the 12th RoC. Four by February 8, 2010. comment on the draft substance profile, additional, non-voting, expert scientists and (3) convene a meeting of the NTP ADDRESSES: Comments should be sent to were also in attendance to respond to Board of Scientific Counselors to peer Dr. Ruth Lunn, Director, RoC Center technical concerns from the panel. The review the draft substance profile. [NIEHS, P.O. Box 12233, MD K2–14, expert panel met in a public forum at Research Triangle Park, NC 27709; FAX: the Hilton Raleigh-Durham Airport Background Information on the RoC 919–541–0144; or [email protected]. Hotel at Research Triangle Park, NC. The RoC is a Congressionally Courier address: NIEHS, Room 2006, The panel was charged to peer review mandated document that identifies and 530 Davis Drive, Morrisville, NC 27560]. the draft background document for discusses agents, substances, mixtures, FOR FURTHER INFORMATION CONTACT: Dr. formaldehyde and then to make a or exposure circumstances (collectively Ruth Lunn, RoC Center, 919–316–4637 recommendation on its listing status in referred to as ‘‘substances’’) that may or [email protected]. the 12th RoC and to provide a scientific pose a hazard to human health by virtue SUPPLEMENTARY INFORMATION: justification for that recommendation. of their carcinogenicity. The RoC Details about the meeting, including follows a formal, multi-step process for Background public comments received and the review and evaluation of selected Formaldehyde is a high-production expert panel reports, are available on chemicals. Substances are listed in the chemical that has a wide array of uses. the RoC Web site (http:// report as either known or reasonably The predominant use of formaldehyde ntp.niehs.nih.gov/go/29682). The expert anticipated human carcinogens. The in the United States is in the production panel report for formaldehyde contains NTP prepares the RoC on behalf of the

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Secretary of Health and Human be made available by the IHS to include Columbia County in the State of Services. Information about the RoC and members of an identified Indian Oregon, and Kittitas and Wahkiakum the review process is available on its community who reside in the area. Counties in the State of Washington. Web site (http://ntp.niehs.nih.gov/go/ Residence with a CHSDA or SDA by a Under 42 CFR 136.23 those otherwise roc) or by contacting Dr. Lunn (see FOR person who is within the scope of the eligible Indians who do not reside on a FURTHER INFORMATION CONTACT above). Indian health program, as set forth in 42 reservation but reside within a CHSDA Dated: December 9, 2009. CFR 136.12, creates no legal entitlement must be either members of the Tribe or John R. Bucher, to contract health services but only maintain close economic and social ties potential eligibility for services. Associate Director, National Toxicology with the Tribe. In this case, the Tribe Program. Services needed but not available at a estimates the current eligible population IHS/Tribal facility are provided under [FR Doc. E9–30300 Filed 12–18–09; 8:45 am] will be increased by 35 individuals’ the CHS program depending on the enrolled Cowlitz members who are BILLING CODE 4140–01–P availability of funds, the person’s actively involved with the Tribe, but not relative medical priority, and the actual eligible for health services. DEPARTMENT OF HEALTH AND availability and accessibility of alternate In applying the aforementioned HUMAN SERVICES resources in accordance with the CHSDA re-designation criteria required regulations. by operative regulations (43 FR 35654), Indian Health Service As applicable to the Tribes, these the following findings are made: regulations provide that, unless 1. Columbia County, Oregon is Notice of Re-Designation of the otherwise designated, a CHSDA shall contiguous with Clark County in the Service Delivery Area for the Cowlitz consist of a county which includes all state of Washington. Kittitas County is Indian Tribe or part of a reservation and any county contiguous to King County and or counties which have a common AGENCY: Indian Health Service. Wahkiakum County is contiguous to boundary with the reservation (42 CFR Lewis in the State of Washington. ACTION: Notice. 136.22(a)(6) (2007). The regulations also 2. These three counties are not part of SUMMARY: This Notice advises the public provide that after consultation with the any other Tribes CHSDA. that the Indian Health Service (IHS) Tribal governing body or bodies of those 3. It is important for the Cowlitz proposes to expand the geographic reservations included in the CHSDA, Indian Tribe to be able to deliver health boundaries of the Service Delivery Area the Secretary may, from time to time, re- care services to enrolled members (SDA) for the Cowlitz Indian Tribe. The designate areas within the United States residing in these three counties. The Cowlitz SDA currently is comprised of for inclusion in or exclusion from a Tribe believes eligible Tribal members Clark, Cowlitz, King, Lewis, Pierce, CHDSA. The regulations require that living in the counties proposed for Skamania, and Thurston in the State of certain criteria must be considered expansion should also be eligible for Washington. These counties were before any re-designation is made. The CHS. criteria are as follows: designated as the Tribe’s SDA in 67 FR 4. Most of the 35 Tribal members use (1) The number of Indians residing in 46329. It is proposed that Columbia the Cowlitz Clinic in Longview, the area proposed to be so included or County, Oregon, and Wahkiakum and Washington for their health care needs. excluded; Kittitas Counties, Washington be added It is estimated that members have a 40 to the existing SDA. (2) Whether the Tribal governing body has determined that Indians residing in minute drive to receive their health DATES: This notice is effective 30 days the area near the reservation are socially care. These Tribal members do not after date of publication in the Federal and economically affiliated with the currently receive care under the CHS Register. Tribes; program. ADDRESSES: Comments may be mailed to (3) The geographic proximity to the 5. The financial resources required to Betty Gould, Regulations Officer, Indian reservation of the area whose inclusion meet the immediate needs of the Tribal Health Service, Suite 450, 12300 or exclusion is being considered; and members residing in the three counties Twinbrook Parkway, Rockville, (4) The level of funding which would will not be substantial as the Tribe will Maryland 20852. Comments will be be available for the provision of contract use existing Federal allocations for made available for public inspection at health services. contract health funds. this address from 8:30 a.m. to 5:00 p.m. Additionally, the regulations require Since CHS is a critical component of Monday–Friday beginning that any re-designation of a CHSDA the Tribes’ overall health care system for approximately 2 weeks after publication must be made in accordance with the its members, the Tribe feels that the of this notice. Administrative Procedures Act (5 U.S.C. members residing in the three counties FOR FURTHER INFORMATION CONTACT: Carl 553). In compliance with this should be included within the SDA for Harper, Director, Office of Resource requirement, we are publishing this the Tribe. Access and Partnerships, Indian Health proposal and requesting public Accordingly, after considering the Service, Suite 360, 12300 Twinbrook comment. Tribes’ request in light of the criteria Parkway, Rockville, Maryland 20852. The purpose of this FR notice is to specified in the regulations, the IHS is Telephone 301/443–2694 (This is not a notify the public of the request of the proposing to re-designate the SDA for toll free number). Cowlitz Indian Tribe to expand their the Tribe to consist of Columbia County SUPPLEMENTARY INFORMATION: The IHS SDA as presented in their 08–3 Tribal in the State of Oregon and Kittitas and currently provides services under resolution dated January 5, 2008, and Wahkiakum Counties in the State of regulations in effect on September 15, 08–56 Tribal resolution, dated Washington. 1987 and IHS republished at 42 CFR December 06, 2008. The Tribe’s request This notice does not contain reporting part 136, subparts A–C. Subpart C will expand their current SDA which or recordkeeping requirements subject defines a Contract Health Service incorporates Cowlitz, Clark, Skamania, to prior approval by the Office of Delivery Area (CHSDA) as the King, Pierce, Thurston and Lewis Management and Budget under the geographic area within which CHS will Counties in the State of Washington, to Paperwork Reduction Act of 1980.

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