69536 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 

Indiana, with a request that the Indiana 

State Implementation Plan be revised to 

include these amended carbon 

monoxide and particulate matter rules. 

(i) Incorporation by reference. 

(A) Indiana rule: 326 IAC 4–2–1 and 

326 IAC 4–2–2 (particulate matter), 

published at Indiana Register, January 1, 

2003, 26 IR 1070, with an effective date 

of December 15, 2002. 

(B) Indiana rule: 326 IAC 9–1–1 and 

326 IAC 9–1–2 (carbon monoxide), 

published at Indiana Register, January 1, 

2003, 26 IR 1072, with an effective date 

of December 15, 2002.

[FR Doc. 04–26401 Filed 11–29–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 403, 412, 413, 418, 460, 

480, 482, 483, 485, and 489 

[CMS–1428–N] 

RIN 0938–AM80 

Medicare Program; Changes to the 

Hospital Inpatient Prospective 

Payment Systems and Fiscal Year 2005 

Rates; Extension for the Hospital 

Applications To Receive Increases in 

Full Time Equivalent Resident Caps for 

Graduate Medical Education Payment

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS.

ACTION: Extension of application 

deadline. 

SUMMARY: This document extends the 

deadline for hospitals to submit 

applications to CMS in order to receive 

increases in full-time equivalent (FTE) 

resident caps for graduate medical 

education (GME) payment purposes 

under section 1886(h)(7)(B) of the Social 

Security Act, added by section 422 of 

the Medicare Prescription Drug, 

Improvement, and Modernization Act 

(MMA) of 2003.

DATES: The deadline for receipt of 

applications to receive increases in FTE 

resident caps for GME payments is 

extended to December 15, 2004.

FOR FURTHER INFORMATION CONTACT:

Heath Westcott, (410) 786–4515.

SUPPLEMENTARY INFORMATION: 

I. Background 

We published a final rule in the 

Federal Register (69 FR 48916) that 

revised the Medicare hospital inpatient 

prospective payments systems for 

operating and capital related costs to 

implement a number of changes made 

by the MMA. 

Section 422 of the MMA (Pub. L. 108–

173) provides for a reduction in the 

statutory resident caps under Medicare 

for certain hospitals and authorizes a 

‘‘redistribution’’ of those FTE resident 

slots to other hospitals. Qualifying 

hospitals that submit a timely 

application may receive up to 25 

additional FTE resident cap slots for 

direct GME and indirect medical 

education purposes. 

II. Provisions of the Notice 

In the Fiscal Year (FY) 2005 final rule 

(69 FR 49141 and 69 FR 49169), we 

stated that any hospital that wishes to 

receive an increase in its FTE resident 

cap(s) under section 1886(h)(7)(B) of the 

Social Security Act (the Act) must 

submit an application to the CMS 

Central Office and to the CMS Regional 

Office for the region in which the 

applicant hospital is located, and that 

the application must be received on or 

before December 1, 2004. In order to 

give hospitals more time to complete 

these applications, we are extending 

this deadline to December 15, 2004. 

Additional information regarding 

reductions and increases in hospitals’

FTE resident caps for purposes of direct 

and indirect GME payments under 

section 1886(h)(7) of the Act can be 

found in the August 11, 2004 Federal 

Register (69 FR 49112). 

III. Collection of Information 

Requirements 

This document does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995.

Authority: Section 1886(h)(7)(B) of the 

Social Security Act (42 U.S.C. 

1395ww(h)(7)(B)).

(Catalog of Federal Domestic Assistance 

Program No. 93.773 Medicare—Hospital 

Insurance Program)

Dated: November 18, 2004. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: November 23, 2004. 

Tommy G. Thompson, 

Secretary.

[FR Doc. 04–26356 Filed 11–24–04; 9:24 am] 

BILLING CODE 4120–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 224

[Docket No. 041102303–4303–01; I.D. 

101804A]

RIN 0648–AS76

Regulations Governing the Approach 

to North Atlantic Right Whales

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule; technical 

amendment.

SUMMARY: NMFS issues a correcting 

amendment to clarify the regulations 

that prohibit approaches within 500 

yards (460 m) of North Atlantic right 

whales (right whales). The purpose of 

this action is to correct errors contained 

in the text of the regulation that 

inadvertently refers to regulations 

contained in the previous paragraph 

within 50 CFR part 224. These technical 

amendments will not change the 

regulations for approaching right whales 

found in § 224.103.

DATES: Effective November 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Brian D. Hopper, NMFS, Northeast 

Region, 978–281–9328; Barb Zoodsma, 

NMFS, Southeast Region, 904–321–

2806; or Kristy Long, NMFS, Office of 

Protected Resources, 301–713–2322.

SUPPLEMENTARY INFORMATION:

Background

The interim final rule implementing 

approach limits for right whales was 

published on February 13, 1997 (62 FR 

6729), and codified at 50 CFR 222.32, 

subpart D of part 222. As part of an 

action taken to consolidate and 

reorganize existing NMFS regulations 

implementing the Endangered Species 

Act (ESA) pursuant to the President’s 

Regulatory Reinvention Initiative (RRI), 

subpart D was removed from part 222 

and relocated to part 224 (64 FR 14066, 

March 23, 1999). As a result of this 

reorganization, a new section was 

created in 50 CFR part 224 for the 

special prohibitions for endangered 

marine mammals, which included the 

regulations for approaching right and 

humpback whales.

Subsequent to the 1999 reorganization 

initiative, NMFS published a final rule 

to establish approach regulations for 

humpback whales within Alaskan 

waters (66 FR 29502, May 31, 2001). 

The final rule redesignated paragraphs