Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 2293 

PART 199—[AMENDED] 

1. The authority citation for Part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

2. Section 199.4 is amended by 

revising paragraph (e)(19)(v) to read as 

follows: 

§ 199.4 Basic program benefits 

* * * * * 

(e) * * * 

(19) * * * 

(v) Periods of care. Hospice care is 

divided into distinct periods of care. 

The periods of care that may be elected 

by the terminally ill CHAMPUS 

beneficiary shall be as the Director, 

TRICARE determines to be appropriate, 

but shall not be less than those offered 

under Medicare’s Hospice Program. 

* * * * * 

3. Section 199.14 is amended by 

revising paragraphs (a)(1)(ii)(C)(3), 

(a)(1)(iii)(A)(2), and (j)(1)(ix) to read as 

follows: 

§ 199.14 Provider reimbursement methods 

* * * * * 

(a) * * * 

(1) * * * 

(ii) * * * 

(C) * * * 

(3) All services related to heart and 

liver transplantation for admissions 

prior to October 1, 1998, which would 

otherwise be paid under the respective 

DRG. 

* * * * * 

(iii) * * * 

(A) * * * 

(2) Remove DRGs. Those DRGs that 

represent discharges with invalid data 

or diagnoses insufficient for DRG 

assignment purposes are removed from 

the database. 

* * * * * 

(j) * * * 

(1) * * * 

(ix) The allowable charge for 

physician assistant services other than 

assistant-at-surgery shall be at the same 

percentage, used by Medicare, of the 

allowable charge for a comparable 

service rendered by a physician 

performing the service in a similar 

location. For cases in which the 

physician assistant and the physician 

perform component services of a 

procedure other than assistant-atsurgery (e.g., home, office or hospital 

visit), the combined allowable charge 

for the procedure may not exceed the 

allowable charge for the procedure 

rendered by a physician alone. The 

allowable charge for physician assistant 

services performed as an assistant-atsurgery shall be at the same percentage, 

used by Medicare, of the allowable 

charge for a physician serving as an 

assistant surgeon when authorized as 

CHAMPUS benefits in accordance with 

the provisions of § 199.4(c)(3)(iii). 

Physician assistant services must be 

billed through the employing physician 

who must be an authorized CHAMPUS 

provider. 

* * * * * 

Dated: January 5, 2011. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–624 Filed 1–12–11; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0675; FRL–9250–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Gopher Resource, LLC 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a request submitted by the Minnesota 

Pollution Control Agency (MPCA) on 

July 29, 2010, to revise the Minnesota 

State Implementation Plan (SIP) for lead 

(Pb) under the Clean Air Act (CAA). The 

State has submitted a joint Title I/Title 

V document (joint document) in the 

form of Air Emission Permit No. 

03700016–003, and has requested that 

the conditions laid out with the citation 

‘‘Title I Condition: SIP for Lead NAAQS’’ 

replace an existing Administrative 

Order (Order) as the enforceable SIP 

conditions for Gopher Resource, LLC. 

EPA approved the existing Order on 

October 18, 1994. MPCA’s July 29, 2010, 

revisions were meant to satisfy the 

maintenance requirements for the 1978 

Pb National Ambient Air Quality 

Standard (NAAQS), promulgated at 1.5 

micrograms per cubic meter, or 

1.5 μg/m 3. 

DATES: Comments must be received on 

or before February 14, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0675, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Final Rules section of 

this Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If we do not receive any adverse 

comments in response to this rule, we 

do not contemplate taking any further 

action. If EPA receives adverse 

comments, we will withdraw the direct 

final rule, and will address all public 

comments in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule, which is 

located in the Final Rules section of this 

Federal Register. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
2294 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 

Dated: December 29, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–342 Filed 1–12–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–1078; FRL–9252–7] 

Revision to the South Coast Portion of 

the California State Implementation 

Plan, CPV Sentinel Energy Project AB 

1318 Tracking System 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

source-specific State Implementation 

Plan (SIP) revision for the South Coast 

Air Quality Management District 

(District) portion of the California SIP. 

This source-specific SIP revision is 

known as the CPV Sentinel Energy 

Project AB 1318 Tracking System. The 

submitted SIP revision, which consists 

of enabling language and the AB 1318 

Tracking System, supplements the 

District’s SIP approved New Source 

Review (NSR) program to allow the 

District to transfer offsetting emission 

reductions for particulate matter less 

than 10 microns in diameter (PM10) and 

one of its precursors, sulfur oxides 

(SOX), to the CPV Sentinel Energy 

Project. The District’s SIP approved NSR 

program currently allows the District to 

provide offsetting emission reductions 

for certain exempt sources and sources 

that qualify as essential public services. 

The Sentinel Energy Project, which will 

be a natural gas fired power plant, does 

not qualify under either of these SIP 

approved exceptions. This proposed 

action supplements the District’s SIP to 

allow the District to transfer offsetting 

emission reductions to the Sentinel 

Energy Project. In this action, EPA is 

proposing to incorporate the District’s 

enabling language, which in turn 

incorporates the AB 1318 Tracking 

System by reference into the SIP. EPA’s 

proposal to approve this source-specific 

SIP revision is based on finding that the 

offsetting emission reductions the 

District has transferred to the AB 1318 

Tracking System meet the requirements 

of the Clean Air Act (CAA). 

DATES: Comments on this Notice of 

Proposed Rulemaking (NPR) must be 

submitted no later than February 14, 

2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–1078, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: r9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air– 

3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3524, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’, ‘‘us’’, 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. Facility Description and Background 

B. Emission Offsets 

C. Procedural History of Source Specific 

SIP Revision 

II. Evaluation of Source Specific SIP Revision 

A. What is in the SIP revision? 

B. What are the Federal Clean Air Act 

requirements? 

C. SIP Relaxation 

D. Public Comment and Final Action 

III. Administrative Requirements 

A. Executive Order 12866, Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132, Federalism 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Population 

I. Background 

A. Facility Description and Background 

The proposed Sentinel Energy Project 

is designed to be a nominally rated 850 

megawatt electrical generating facility 

covering approximately 37 acres within 

Riverside County, adjacent to Palm 

Springs, California. The Sentinel Energy 

Project will emit air pollutants from 

eight General Electric LMS100 

combustion turbine generators equipped 

with oxidation catalyst and selective 

catalytic reduction equipment, eight 

single cell mechanical draft cooling 

towers, and a 240 brake horsepower Tier 

III diesel emergency fire pump engine. 

The California Energy Commission 

(CEC) approved the application for 

certification for Sentinel on December 1, 

2010. The District issued a Final 

Determination of Compliance (FDOC) 

and an Addendum to the FDOC, known 

as Appendix N, on March 2, 2010. 

Appendix N to the FDOC has evolved 

into the AB 1318 Tracking System 

submitted as part of this SIP revision. 

The CEC certification and the District’s 

FDOC require the Sentinel Energy 

Project to install and operate stringent 

emissions controls to reduce emissions 

of NOX, VOC, CO and PM10 to the 

lowest achievable emissions rates. 

B. Emission Offsets 

Pursuant to section 173 of the CAA, 

new major stationary sources are 

required to provide offsetting emission 

reductions for any non-attainment 

pollutants that continue to be emitted 

after operation of the most stringent 

emissions controls, if those levels 

exceed certain thresholds. 42 U.S.C. 

7503(a)(1)(A). The District implements 

these requirements through its NSR 

program in Regulation XIII, which EPA 

approved into the SIP in 1996 as 


srobinson on DSKHWCL6B1PROD with PROPOSALS