Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 38023 

Event name Location Latitude Longitude Radius 

Whaling Days ........................................ Dyes Inlet .............................................. 47°38.65′ N 122°41.35′ W 300 

The following safety zone will be 

enforced from 5 p.m. on August 14, 

2010 through 1 a.m. on August 15, 2010: 

Event name Location Latitude Longitude Radius 

Medina Days .......................................... Medina Park .......................................... 47° 36.867′ N 122° 14.5′ W 150 

The special requirements listed in 33 

CFR 165.1332, published on June 15, 

2010 in the Federal Register (75 FR 

33700), apply to the activation and 

enforcement of these safety zones. 

All vessel operators who desire to 

enter the safety zone must obtain 

permission from the Captain of the Port 

or Designated Representative by 

contacting either the on-scene patrol 

craft on VHF Ch 13 or Ch 16 or the 

Coast Guard Sector Seattle Joint Harbor 

Operations Center (JHOC) via telephone 

at 206–217–6002. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 165.1332 and 33 CFR 165 and 

5 U.S.C. 552(a). In addition to this 

notice, the Coast Guard will provide the 

maritime community with extensive 

advanced notification of the safety 

zones via the Local Notice to Mariners 

and marine information broadcasts on 

the day of the events. If the COTP or 

Designated Representative determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, a Broadcast Notice to 

Mariners will be issued to grant general 

permission to enter the regulated area. 

Dated: June 18, 2010. 

L.R. Tumbarello, 

Commander, U.S. Coast Guard, Captain of 

the Port, Puget Sound, Acting. 

[FR Doc. 2010–15970 Filed 6–30–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0470; FRL–9112–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

California; Motor Vehicle Inspection 

and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving state 

implementation plan (SIP) revisions 

submitted by the State of California on 

June 5, 2009 and October 28, 2009 

relating to the State’s basic and 

enhanced vehicle inspection and 

maintenance (I/M) program. The effect 

of this action is to make the revisions 

federally enforceable as part of the 

California SIP. 

DATES: This final rule is effective August 

2, 2010. 

ADDRESSES: EPA has established a 

docket for this action under EPA–R09– 

OAR–2009–0470. 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 available in either 

location [(e.g., confidential business 

information (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. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, EPA Region IX, (415) 947– 

4152, buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA. 

I. Summary of the Proposed Actions 

On August 19, 2009 (74 FR 41818), 

EPA proposed to approve a SIP revision 

submitted by the California Air 

Resources Board (CARB) on June 5, 

2009 relating to the State’s basic and 

enhanced vehicle I/M program (‘‘2009 

I/M Revision’’) contingent upon the 

State’s submittal of revisions to the 

enhanced program performance 

standard evaluations to address: (1) A 

different attainment year for the 

Western Mojave Desert 8-hour ozone 

nonattainment area, and (2) California’s 

base-year program performance for the 

six areas subject to the enhanced I/M 

program. 

More specifically and with the 

exception of the enhanced program 

performance standard evaluations, we 

concluded that the 2009 I/M Revision 

met the procedural requirements for 

adoption and submittal of SIP revisions, 

and the substantive requirements for 

I/M programs under the Clean Air Act 

(CAA or ‘‘Act’’) and our regulations. In 

addition, we concluded that the 2009 

I/M Revision would not interfere with 

any applicable requirement concerning 

attainment of the national ambient air 

quality standards (NAAQSs) or any 

other applicable requirement of the Act. 

In so doing, we took into consideration 

changes in EPA’s I/M regulations since 

our previous approval of the California 

I/M program, changes in the California 

I/M programs since our previous 

approval, initial area designations for 

the 1997 8-hour ozone standards, and 

the requirements of the implementation 

rules for the 1997 8-hour ozone 

standard. For more background on 

California’s I/M program, a more 

detailed description of the changes in 

EPA’s I/M regulations since our 

previous approval of the program and of 

the 2009 I/M Revision itself, and a more 

detailed explanation of our evaluation 

of the 2009 I/M Revision and of our 

rationale for our proposed action, please 

see the August 19, 2009 proposed rule 

and related Technical Support 

Document. 

In our August 19, 2009 proposed rule, 

we indicated that our proposed 

approval of the 2009 I/M Revision was 

contingent upon the State’s submittal of 

revisions to the enhanced program 

performance standard evaluations to 

address certain issues as described 

WReier-Aviles on DSKGBLS3C1PROD with RULES

38024 Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 

above. On October 28, 2009, CARB 

submitted revisions to the enhanced 

program performance standard 

evaluations to address these issues. 

On November 18, 2009 (74 FR 59496), 

EPA published a Notice of Data 

Availability (NODA) and request for 

comment on these revisions to the 

enhanced program performance 

standard evaluations. In that notice we 

stated that we had reviewed the 

additional modeling information 

submitted by CARB on October 28, 2009 

and believed that the analyses support 

our conclusions that the California 

program: (1) Achieved greater percent 

emissions reductions (relative to the no 

I/M scenario) for volatile organic 

compounds (VOC) and oxides of 

nitrogen (NOX) in each of the six areas 

than the EPA model enhanced I/M 

program in 2002, and (2) would achieve 

greater percent emissions reductions 

(relative to the no I/M scenario) for VOC 

and NOX in each of the six areas in the 

year before the attainment year than 

would the EPA model enhanced I/M 

program in 2002. Please see our 

November 18, 2009 NODA for a more 

detailed discussion of CARB’s October 

28, 2009 submittal and our evaluation of 

it. 

II. EPA’s Response to Comments 

Our August 19, 2009 proposed rule 

provided for a 30-day comment period, 

and our November 18, 2009 NODA 

provided for a 14-day comment period. 

We did not receive any public 

comments in response to the proposed 

rule or the NODA. 

III. Final Action 

Under section 110(k)(3) of the Clean 

Air Act, EPA is approving CARB’s 2009 

I/M Revision, as submitted by CARB on 

June 5, 2009, and revised by CARB on 

October 28, 2009, as a revision to the 

California SIP. For the reasons set forth 

in this document and in the August 19, 

2009 proposed rule, we conclude that 

CARB’s I/M SIP revisions meet the 

requirements of CAA sections 

182(a)(2)(B) and 182(c)(3) in the 

geographic areas where the statutory 

requirements apply, and applicable EPA 

I/M regulations set forth in 40 CFR part 

51, subpart S. The updated elements of 

the California I/M program that we are 

approving include the following: 

(1) Discussion of each of the required 

design elements of the I/M program; 

(2) Description of the current 

geographic coverage of the program, 

including updated maps and list of 

program requirements by zip code; 

(3) I/M-related statutes and 

regulations; 

(4) High enhanced I/M performance 

standard evaluations for the urbanized 

areas within six California ozone 

nonattainment areas (South Coast Air 

Basin, San Joaquin Valley, Sacramento 

Metro, Coachella Valley, Ventura 

County, and Western Mojave Desert), as 

meeting the requirements of CAA 

section 182(c)(3); 

(5) Basic I/M performance standard 

evaluation for the urbanized area within 

the San Francisco Bay Area ozone 

nonattainment area under section 

182(a)(2)(B); and 

(6) Emission analyzer specifications 

and test procedures, including BAR–97 

specifications. 

Lastly, we are codifying today’s 

approval by adding new paragraphs to 

40 CFR 52.220 and 40 CFR 52.241, and 

we are deleting regulatory language [see 

40 CFR 52.241(a)] that codified EPA’s 

1997 interim approval of California’s 

enhanced I/M program because today’s 

final approval of the revised I/M 

program makes that language obsolete. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 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. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 30, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Air pollution control, Carbon 

monoxide, Incorporation by reference, 

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Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 38025 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, and 

Volatile organic compounds. 

Dated: December 10, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on June 28, 2010. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(234)(i)(A)(2) and 

(c)(234)(i)(A)(3), and by adding 

paragraphs (c)(372) and (c)(373) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(234) * * * 

(i) * * * 

(A) * * * 

(2) Previously approved on January 8, 

1997, in paragraph (234)(i)(A)(1)(i) of 

this section, and now deleted without 

replacement: Health and Safety Code: 

Division 26, Part 5, Chapter 5 (Motor 

Vehicle Inspection Program), Article 1, 

sections 44001.6, 44001.7, 44003.1, 

44006; Article 2, sections 44015.3, 

44022, 44023; Article 3, section 44031; 

Article 8, sections 44081.5, 44082, 

44083. 

(3) Previously approved on January 8, 

1997, in paragraph (234)(i)(A)(1)(iv) of 

this section, and now deleted without 

replacement: Title 16, California Code of 

Regulations, Division 33, Bureau of 

Automotive Repair, Article 5.5, Motor 

Vehicle Inspection Program, sections 

3340.16.6, 3340.42.1. 

* * * * * 

(372) The following revisions to the 

California Motor Vehicle Inspection and 

Maintenance Program were submitted 

on June 5, 2009 (2009 I/M Revision), by 

the Governor’s Designee. 

(i) Incorporation by reference. 

(A) California Air Resources Board. 

(1) California Code of Regulations, 

Title 16 (Professional and Vocational 

Regulations), Division 33 (Bureau of 

Automotive Repair), Chapter 1 

(Automotive Repair Dealers and Official 

Stations and Adjusters), Article 1 

(General Provisions), sections 3303.1, 

‘‘Public Access to License, 

Administrative Action, and Complaint 

Information’’ (operative July 20, 2007); 

3303.2, ‘‘Review of Applications for 

Licensure, Registration and 

Certification; Processing Time’’ 

(operative July 9, 2003); Article 5.5 

(Motor Vehicle Inspection Program), 

sections 3340.1, ‘‘Definitions’’ (operative 

June 29, 2006); 3340.7, ‘‘Fee for 

Inspection at State-Contracted Test-Only 

Facility’’ (operative August 17, 1995); 

3340.9, ‘‘Repair Assistance Program’’ 

(operative October 30, 2000); 3340.10, 

‘‘Licensing of Smog Check Stations’’ 

(operative July 26, 1996); 3340.15, 

‘‘General Requirements for Smog Check 

Stations’’ (operative July 9, 2003); 

3340.16, ‘‘Test-Only Station 

Requirements’’ (operative August 1, 

2007); 3340.16.5, ‘‘Test-and-Repair 

Station Requirements’’ (operative June 

29, 2006); 3340.17, ‘‘Test Equipment, 

Electronic Transmission, Maintenance 

and Calibration Requirements’’ 

(operative June 29, 2006); 3340.18, 

‘‘Certification of Emissions Inspection 

System Calibration Gases and Blenders 

of Gases’’ (operative July 9, 2003); 

3340.22.1, ‘‘Smog Check Station Service 

Signs’’ (operative February 1, 2001); 

3340.22.2, ‘‘Smog Check Station Repair 

Cost Limit Sign’’ (operative February 1, 

2001); 3340.23, ‘‘Licensed Smog Check 

Station That Ceases Operating As a 

Licensed Station’’ (operative June 23, 

1995); 3340.24, ‘‘Suspension, 

Revocation, and Reinstatement of 

Licenses’’ (operative June 23, 1995); 

3340.28, ‘‘Licenses and Qualifications 

for Technicians’’ (operative January 17, 

2009); 3340.29, ‘‘Licensing of 

Technicians’’ (operative January 17, 

2009); 3340.30, ‘‘General Requirements 

for Licensed Technicians’’ (operative 

June 23, 1995); 3340.31, ‘‘Retraining of 

Licensed Technicians’’ (operative June 

23, 1995); 3340.32, ‘‘Standards for the 

Certification of Institutions Providing 

Retraining to Licensed Technicians or 

Prerequisite Training to Those Seeking 

to Become Licensed Technicians’’ 

(operative July 9, 2003); 3340.32.1, 

‘‘Standards for the Decertification and 

Recertification of Institutions Providing 

Retraining to Licensed Technicians or 

Prerequisite Training to Those Seeking 

to Become Licensed Technicians’’ 

(operative June 23, 1995); 3340.33, 

‘‘Standards for the Certification of Basic 

and Advanced Instructors Providing 

Retraining to Intern, Basic Area, and 

Advanced Emission Specialist Licensed 

Technicians or Prerequisite Training to 

Those Seeking to Become Intern, Basic 

Area, or Advanced Emission Specialist 

Licensed Technicians’’ (operative 

February 1, 2001); 3340.33.1, ‘‘Standards 

for the Decertification and 

Recertification of Instructors Providing 

Retraining to Licensed Technicians or 

Prerequisite Training to Those Seeking 

to Become Licensed Technicians’’ 

(operative June 23, 1995); 3340.35, ‘‘A 

Certificate of Compliance, 

Noncompliance, Repair Cost Waiver or 

an Economic Hardship Extension’’ 

(operative June 25, 1998); 3340.35.1, ‘‘A 

Certificate of Compliance, 

Noncompliance, Repair Cost Waiver or 

an Economic Hardship Extension Fee 

Calculation’’ (operative December 2, 

1998); 3340.36, ‘‘Clearing Enforcement 

Forms’’ (operative July 26, 1996); 

3340.37, ‘‘Installation of Oxides of 

Nitrogen (NOx) Devices)’’ (operative July 

26, 1996); 3340.41, ‘‘Inspection, Test, 

and Repair Requirements’’ (operative 

June 29, 2006); 3340.42, ‘‘Mandatory 

Smog Check Inspection and Test 

Procedures, and Emissions Standards’’ 

(operative January 11, 2008); 3340.50, 

‘‘Fleet Facility Requirements’’ (operative 

February 15, 2002); 3340.50.3, ‘‘Fleet 

Records and Reporting Requirements’’ 

(operative June 23, 1995); 3340.50.4, 

‘‘Fleet Certificates’’ (operative June 25, 

1998); 3340.50.5 ‘‘Suspension or 

Rescission of Fleet Facility License’’ 

(operative June 23, 1995); Article 10 

(Gold Shield Program), sections 3392.1, 

‘‘Gold Shield Program (GSP)’’ (operative 

May 28, 2003); 3392.2, ‘‘Responsibilities 

of Smog Check Stations Certified as 

Gold Shield’’ (operative August 1, 2007); 

3392.3, ‘‘Eligibility for Gold Shield 

Certification; Quality Assurance’’ 

(operative May 28, 2003); 3392.4, ‘‘Gold 

Shield Guaranteed Repair (GSGR) 

Program Advertising Rights’’ (operative 

May 28, 2003); 3392.5, ‘‘Causes for 

Invalidation of Gold Shield Station 

Certification’’ (operative May 28, 2003); 

3392.6, ‘‘Gold Shield Program Hearing 

and Determination’’ (operative May 28, 

2003); Article 11 (Consumer Assistance 

Program), sections 3394.1, ‘‘Purpose and 

Components of the Consumer 

Assistance Program’’ (operative October 

30, 2000); 3394.2, ‘‘Consumer Assistance 

Program Administration’’ (operative 

October 30, 2000); 3394.3, ‘‘State 

Assistance Limits’’ (operative October 

30, 2000); 3394.4, ‘‘Eligibility 

Requirements’’ (operative August 12, 

2008); 3394.5, ‘‘Ineligible Vehicles’’ 

(operative October 30, 2000); 3394.6, 

‘‘Application and Documentation 

Requirements’’ (operative July 31, 2006). 

(ii) Additional material. 

(A) California Air Resources Board. 

(1) Executive Order S–09–008, dated 

June 9, 2009, adopting the 2009 I/M 

Revision. 

(2) Non-regulatory portion of the 

Revised State Implementation Plan for 

California’s Motor Vehicle Inspection & 

Maintenance Program (April 7, 2009), 

excluding chapter 51.351 (except as it 

applies to the San Francisco Bay Area), 

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38026 Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 

chapter 51.352, and attachments 4 and 

5. 

(3) Health and Safety Code (2009): 

Division 26, Part 1, Chapter 2, section 

39032.5; Part 5, Chapter 5 (Motor 

Vehicle Inspection Program), Articles 1– 

9. 

(4) Business and Professions Code 

(2008): Division 3, Chapter 20.3 

(Automotive Repair), Article 4, sections 

9886, 9886.1, 9886.2, 9886.3, 9886.4. 

(5) Vehicle Code (2009): Division 3, 

Chapter 1 (Original and Renewal of 

Registration; Issuance of Certificates of 

Title), Article 1, sections 4000.1, 4000.2, 

4000.3, 4000.6. 

(373) The following revisions to the 

California Motor Vehicle Inspection and 

Maintenance Program were submitted 

on October 28, 2009, by the Governor’s 

Designee. 

(i) [Reserved] 

(ii) Additional material. 

(A) California Air Resources Board. 

(1) California I/M Program SIP 

Revision—Additional Enhanced I/M 

Performance Modeling, Tables of 

Results, excluding New Mobile 6 Input 

and Output Files and New Registration 

Distribution Files. 

* * * * * 

■ 3. Section 52.241 is revised to read as 

follows: 

§ 52.241 Inspection and maintenance 

program. 

(a) [Reserved] 

(b) Approval. On June 5, 2009, the 

California Air Resources Board 

submitted a revision to the California 

Motor Vehicle Inspection and 

Maintenance Program (2009 I/M 

Revision) to satisfy the requirements for 

basic and enhanced motor vehicle 

inspection and maintenance (I/M) in 

applicable ozone nonattainment areas. 

On October 28, 2009, the California Air 

Resources Board amended the 2009 I/M 

Revision to include revised enhanced 

performance program evaluations for six 

nonattainment areas. Approved 

elements of the 2009 I/M Revision, as 

amended on October 28, 2009, include 

a discussion of each of the required 

design elements of the I/M program; 

description of the current geographic 

coverage of the program; I/M-related 

statutes and regulations; enhanced I/M 

performance standard evaluations for 

the urbanized areas within six 

California ozone nonattainment areas 

(South Coast Air Basin, San Joaquin 

Valley, Sacramento Metro, Coachella 

Valley, Ventura County, and Western 

Mojave Desert); basic I/M performance 

standard evaluation for the urbanized 

area within the San Francisco Bay Area 

ozone nonattainment area; and emission 

analyzer specifications and test 

procedures, including BAR–97 

specifications. The 2009 I/M Revision, 

as amended on October 28, 2009, meets 

the requirements of sections 182(a)(2)(B) 

and 182(c)(3) of the Clean Air Act, as 

amended in 1990, and 40 CFR part 51, 

subpart S and is approved as a revision 

to the California State Implementation 

Plan. 

[FR Doc. 2010–16028 Filed 6–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 423 

[CMS–0023–IFC] 

RIN 0938–AP49 

Medicare Program; Identification of 

Backward Compatible Version of 

Adopted Standard for E–Prescribing 

and the Medicare Prescription Drug 

Program (NCPDP SCRIPT 10.6) 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule with 

comment period identifies the National 

Council for the Prescription Drug 

Programs (NCPDP) Prescriber/ 

Pharmacist Interface SCRIPT standard, 

Implementation Guide, Version 10, 

Release 6 (Version 10.6), hereafter 

referred to as ‘‘NCPDP SCRIPT 10.6,’’ as 

a backward compatible update of the 

adopted NCPDP SCRIPT 8.1. This 

interim final rule with comment period 

therefore permits the voluntary use of 

NCPDP SCRIPT 10.6 for conducting 

certain e-prescribing transactions for the 

Medicare Part D electronic prescription 

drug program. 

DATES: Effective date: These regulations 

are effective on July 1, 2010. The 

incorporation by reference of the 

publication listed in these regulations is 

approved by the Director of the Federal 

Register as of July 1, 2010. 

Comment date: To be assured 

consideration, comments must be 

received at one of the addresses 

provided below, no later than 5 p.m. 

Eastern Daylight Time (e.d.t.) on August 

30, 2010. 

ADDRESSES: In commenting, please refer 

to file code CMS–0023–IFC. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

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

the instructions for ‘‘Submitting a 

Comment’’. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–0023–IFC, P.O. Box 8013, 

Baltimore, MD 21244–1850. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address only: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–0023–IFC, 

Mail Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–8013. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue, SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

Federal government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain a proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786– 

7195 in advance to schedule your 

arrival with one of our staff members. 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

Submission of comments on 

paperwork requirements. You may 

submit comments on this document’s 

paperwork requirements by following 

the instructions at the end of the 

WReier-Aviles on DSKGBLS3C1PROD with RULES