Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Proposed Rules 52487 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 409, 410, 411, 414, 

415, and 424 

[CMS–1503–CN] 

RIN 0938–AP79 

Medicare Program; Payment Policies 

Under the Physician Fee Schedule and 

Other Revisions to Part B for CY 2011; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of proposed rule. 

SUMMARY: This document corrects 

technical and typographical errors in 

the proposed rule entitled ‘‘Medicare 

Program; Payment Policies Under the 

Physician Fee Schedule and Other 

Revisions to Part B for CY 2011’’ that 

appeared in the July 13, 2010 Federal 

Register. The proposed rule that 

appeared in the July 13, 2010 Federal 

Register addressed proposed changes to 

the physician fee schedule and other 

Medicare Part B payment policies to 

ensure that our payment systems are 

updated to reflect changes in medical 

practice and the relative value of 

services. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Cole, (410) 786–4497. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010–15900 of July 13, 

2010 (75 FR 40040), there were a 

number of technical errors that are 

identified and corrected in the 

Correction of Errors section below. 

II. Summary of Errors 

The following is a summary of the 

errors identified in the calendar year 

(CY) 2011 Physician Fee Schedule 

proposed rule and corrected in section 

III. of this notice: 

A. Errors in the Preamble 

On page 40043, we made inadvertent 

errors in the table of contents for the 

durable medical equipment, prosthetics, 

orthotics, and supplies (DMEPOS) 

provisions. 

On page 40089, in Table 24, we made 

formatting errors (omitted indentations) 

in listing some of the cost subcategories 

for office expenses, and pharmaceuticals 

and medical materials and supplies. In 

addition, we inadvertently listed a cost 

category as ‘‘All Other Labor-Related’’ 

instead of ‘‘All Other Services’’. 

On page 40091, we are correcting 

typographical errors in our description 

of fixed capital. 

On page 40095, we made an error in 

the footnotes to Table 30. The footnote 

numbered ‘‘N/A’’ was inadvertently 

combined with the preceding footnote 

(number 4). 

On page 40121, in our discussion of 

revisions for payment for power-driven 

wheelchairs, we erroneously included 

the word ‘‘falling’’ in our description of 

the DMEPOS quality standards 

definition of certain power wheelchairs. 

In addition, on page 40122 of this 

discussion, we inadvertently included 

the word ‘‘of’’ in our description of the 

statutory provision and the 

methodologies used to calculate and 

update the purchase price of power 

wheelchairs. 

On page 40123, in our discussion of 

the productivity adjustment regarding 

ambulatory surgical center (ASC), 

ambulance, clinical laboratory, and 

DMEPOS fee schedules, in several 

places we inadvertently omitted 

references to the DMEPOS fee schedule 

and erroneously referenced three 

payment systems instead of four 

payment systems. 

On page 40136, in Table 39, in the 

listing of the primary care services 

Healthcare Common Procedure Coding 

System (HCPCS) codes that are eligible 

for CY 2011 primary care incentive 

payments, we inadvertently omitted 

HCPCS code 99213. 

On page 40158, in Table 46, which is 

an example of the ASP price 

substitution timeframe, we 

inadvertently included language that 

should have appeared in the fourth 

column, (Q1–11), in the third column, 

(Q4–10). 

On page 40180, in our discussion of 

the four disease modules covered by the 

proposed PQRI group practice reporting 

option I (GPRO I) measures, we 

inadvertently omitted hypertension 

from the list of disease modules. 

On page 40186, in our discussion of 

the proposed Physician Quality 

Reporting Initiative (PQRI) measures, 

we inadvertently include measure #135 

(Chronic Kidney Disease (CKD): 

Influenza Immunization) in Table 51 

which lists the 2010 PQRI quality 

measures that are not proposed for 

inclusion in the 2011 PQRI quality 

measures. In addition, we also made 

errors in referencing the number of 2010 

measures that will be retained in 2011. 

On pages 40189 and 40194, we also 

erred by omitting measure #135 from 

Table 52, which lists the proposed 2011 

quality measure from the 2010 PQRI 

quality measures set and from Table 58, 

which lists the proposed 2011 CKD 

Measures Group. 

On page 40190, in Table 52, regarding 

the NQF Measure No., we inadvertently 

listed the wrong NQF measure numbers 

for two of the proposed PQRI measures 

(measure #201 Ischemic Vascular 

Disease (IVD): Blood Pressure 

Management Control and measure #202 

Ischemic Vascular Disease (IVD): 

Complete Lipid Profile). 

On page 40193, in our listing (Table 

56) of the 2011 PQRI quality measures 

for electronic health record (EHR) 

reporting, we made an error in the table 

heading. 

On pages 40192 and 40197, in Tables 

54 and 70 regarding the new individual 

quality measures proposed for 2011 and 

the proposed 2011 asthma measures 

group, we made errors in the titles of the 

two of the asthma-related measures. 

On page 40199, in our discussion of 

the statutory requirements for the 

additional incentive payments 

authorized under section 1848(m)(7) of 

the Act, we inadvertently omitted some 

of the language describing the 

requirements. 

On page 40217, we made an error in 

the language regarding the authority of 

the competitive bidding implementation 

contractor (CBIC). 

On page 40243, in our discussion of 

the off-the-shelf (OTS) orthotics 

exemption, we inadvertently omitted 

references to hospitals. We also made an 

error in the discussion of access to OTS 

orthotics. 

On page 40244, in the DMEPOS 

diabetic testing supplies section, we 

inadvertently omitted the word ‘‘not’’ 

from our discussion of the provisions 

impact on suppliers and whether 

suppliers require beneficiaries to switch 

brands. 

On pages 40078, 40081, 40095, 40122, 

40124, 40144, 40154 through 40156, 

40167 through 40169, 40199, 40200, 

40207, and 40225, we are correcting 

typographical errors which include 

punctuation, indentation of text, 

separation of lines of text, and the 

numbering of section headings and 

tables. 

B. Errors in the Regulations Text 

On page 40259, we are correcting 

punctuation errors in § 414.904 

regarding the average sales price as the 

basis for payment. 

III. Correction of Errors 

In FR Doc. 2010–15900 of July 13, 

2010 (75 FR 40040), make the following 

corrections: 


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52488 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Proposed Rules 

A. Corrections to the Preamble 

1. On page 40043, second and third 

columns, lines 40 through 76 and 1 

through 21, the table of contents entries 

that begin with the listing ‘‘G. DMEPOS 

Competitive Bidding Program Issues’’ 

and end with the listing ‘‘(12) Effect of 

Contract Termination’’ are corrected to 

read as follows: 

G. DMEPOS Provisions 

1. Medicare Durable Medical 

Equipment, Prosthetics, Orthotics, 

and Supplies DMEPOS Competitive 

Bidding Program (CBP) 

a. Legislative and Regulatory History 

of DMEPOS CBP 

b. Implementation of a National Mail 

Order DMEPOS Competitive 

Bidding Program (CBP) for Diabetic 

Testing Supplies 

(1) National Mail Order DMEPOS CBP 

(2) DMEPOS CBP for National Mail 

Order Diabetic Supplies 

(3) Overview of Proposed Rule 

(4) Future Competitions of Diabetic 

Testing Supplies 

(5) Definition of Mail Order Item 

(6) Special Rule in the Case of 

Competition for Diabetic Testing 

Strips 

(7) Anti-Switching Rule in Case of 

Competition for Diabetic Test Strips 

c. Off-the-Shelf (OTS) Orthotics 

Exemption 

d. Grandfathering Rules Resulting in 

Additional Payments to Contract 

Suppliers Under the DMEPOS 

Competitive Bidding Program (CBP) 

e. Appeals Process 

(1) Purpose and Definitions: 

(§ 414.402) 

(2) Applicability 

(3) Contract Termination 

(4) Notice of Termination 

(5) Corrective Action Plan 

(6) Right to Request a Hearing by the 

CBIC Hearing Officer (HO) 

(7) Scheduling of the Hearing 

(8) Burden of Proof 

(9) Role of the Hearing Officer (HO) 

(10) CMS’s Final Determination 

(11) Effective Date of the Contract 

Termination 

(12) Effect of Contract Termination 

2. Changes to Payment Rules for Oxygen 

and Oxygen Equipment 

a. Background 

b. Furnishing Oxygen Equipment 

After the 36-Month Rental Period 

(Cap) 

c. Furnishing Oxygen Equipment 

During the 36-Month Rental Period 

(Cap)’’ 

2. On page 40078— 

a. Top third of the page, third column, 

partial paragraph, line 24, the table 

reference ‘‘Table 20’’ is corrected to read 

‘‘Table 20A.’’ 

b. Middle of the page, in the table 

title, the table number ‘‘20’’ is corrected 

to read ‘‘20A.’’ 

3. On page 40080, top of the page— 

a. Third column, partial paragraph, 

last line, the table reference ‘‘Table 20’’ 

is corrected to read ‘‘Table 20B’’. 

b. Table title, the table number ‘‘20’’ is 

corrected to read ‘‘20B’’. 

4. On page 40081— 

a. Top half of the page, in the table 

title, the table number ‘‘TABLE 20’’ is 

corrected to read ‘‘TABLE 20B’’. 

b. Lower half of the page, second 

column, last paragraph, ninth line, the 

table reference ‘‘Table 20’’ is corrected to 

read ‘‘Table 20B’’. 

5. On page 40089, in Table 24, first 

column (Cost category), the entries for 

Office Expenses, and Pharmaceuticals 

and Medical Materials and Supplies are 

corrected to read as follows: 

Cost category 

Office Expenses 

Utilities 

Chemicals 

Paper 

Rubber & Plastics 

Telephone 

Postage 

All Other Services 

Fixed Capital 

Moveable Capital 

Pharmaceuticals and Medical Materials and 

Supplies 

Pharmaceuticals 

Medical Materials and Supplies 

6. On page 40091, first column, 

seventh full paragraph, line 3, the 

phrase ‘‘building leases and 

depreciation.’’ is corrected to read 

‘‘building leases, mortgage interest, and 

depreciation on medical buildings.’’. 

7. On page 40095, in Table 30, the 

footnote that begins with the phrase 

‘‘ 4 Derived from a CMS survey’’ is 

corrected to read as follows: 

‘‘ 4 Derived from a CMS survey of several 

major commercial insurers. N⁄A Productivity is factored into the MEI 

categories as an adjustment to the price 

variables; therefore, no explicit weight exists 

for productivity in the MEI.’’. 

8. On page 40121, second column, 

first full paragraph, line 22, the phrase, 

‘‘power wheelchairs falling’’ is corrected 

to read ‘‘power wheelchairs’’. 

9. On page 40122— 

a. First column, first partial 

paragraph, line 10, the phrase 

‘‘subsequently update of’’ is corrected to 

read ‘‘subsequently update’’. 

b. Second column, last partial 

paragraph, the phrase ‘‘The ACAct’’ is 

corrected to read ‘‘The ACA.’’ 

10. On page 40123— 

a. Top of the page, first column, first 

paragraph, lines 8 and 9, the phrase 

‘‘and the clinical laboratory fee schedule 

(CLFS)’’ is corrected to read ‘‘the clinical 

laboratory fee schedule (CLFS) and the 

DMEPOS fee schedule’’. 

b. Lower half of the page— 

(1) First column— 

(a) First paragraph, last line, the 

phrase ‘‘and the CLFS.’’ is corrected to 

read ‘‘the CLFS and the DMEPOS fee 

schedule.’’. 

(b) Third paragraph, line 1, the phrase 

‘‘all three payment’’ is corrected to read 

‘‘all four payment’’. 

(2) Second column, last paragraph— 

(a) Line 3, the phrase ‘‘the three 

payment’’ is corrected to read ‘‘the four 

payment’’. 

(b) Last line, the phrase ‘‘ASCs, the 

AFS, and the CLFS’’ is corrected to read 

‘‘ASCs, the AFS, the CLFS, and the 

DMEPOS fee schedule’’. 

(3) Third column, first partial 

paragraph, line 11, ‘‘the AFS and CLFS’’ 

is corrected to read ‘‘AFS, CLFS, and 

DMEPOS fee schedule’’. 

11. On page 40124, last portion of the 

page, third column, partial paragraph, 

first line, the parenthetical phrase 

‘‘(United States city average minus,’’ is 

corrected to read ‘‘(United States city 

average) minus.’’ 

12. On page 40136— 

a. Middle third of the page, first 

column, in the section heading, the 

section number ‘‘4’’ is corrected to read 

‘‘3’’. 

b. Lower third of the page, in Table 

39, the table is corrected by adding the 

following entry: 

CPT 

codes Description 

99213 Level 3 established patient office or 

other outpatient visit. 

13. On page 40144, third column, first 

paragraph, line 1, the reference ‘‘Section 

VI.H’’ is corrected to read ‘‘Section 

VI.G.’’. 

14. On page 40152, lower half of the 

page, third column, partial paragraph, 

lines 12 and 13, the phrase ‘‘services 

furnished and using’’ is corrected to read 

‘‘services furnished using’’. 

15. On page 40154, lower half of the 

page, second column, first full 

paragraph, line 4, the phrase ‘‘for 

example.:’’ is corrected to read ‘‘for 

example:’’. 

16. On page 40155, second column, 

last paragraph, line 12, the phrase 

‘‘biological under section 1861(s)(2)(A)’’ 

is corrected to read ‘‘biologicals under 

section 1861(s)(2)(A) of the Act’’. 

17. On page 40156, third column, last 

paragraph, lines 4 and 5, the phrase 

‘‘some concerns using the volumeweighted AMP’’ is corrected to read 


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Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Proposed Rules 52489 

‘‘some concern about using this volumeweighted AMP’’. 

18. On page 40158, middle of the 

page, Table 46, fourth column, lines 3 

through 8, the entry ‘‘CMS calculates 

ASP payment limits for Q1. Compares 

calculated payment limits to OIG 

substitute prices. Published Q1–11 

prices that may include OIG substitute 

prices.’’ is corrected by moving the entry 

to the fifth column. 

19. On page 40167, second column— 

a. Before the first full paragraph, line 

1, in the section heading, the section 

number, ‘‘i.’’ is corrected to read ‘‘h.’’. 

b. Before the third full paragraph line 

1, in the section heading, the section 

number, ‘‘j.’’ is corrected to read ‘‘i.’’. 

20. On page 40168— 

a. First column, before the first full 

paragraph, line 1, in the section 

heading, the section number, ‘‘k.’’ is 

corrected to read ‘‘j.’’. 

b. Second column— 

(1) Before the third full paragraph, in 

the section heading, line 1, the section 

number, ‘‘l.’’ is corrected to read ‘‘k.’’. 

(2) Third full paragraph, line 9, the 

figure ‘‘1057057’’ is corrected to read 

‘‘1.057057’’. 

(3) Fourth full paragraph, line 5, the 

phrase ‘‘identified EPs (EPs)’’ is 

corrected to read ‘‘identified eligible 

professionals (EPs)’’. 

21. On page 40169, third column, first 

partial paragraph, lines 7 and 8, the 

reference ‘‘section G.1.d.’’ is corrected to 

read ‘‘section VI.F.1.d.’’ 

22. On page 40180, second column, 

second full paragraph, lines 3 and 4, the 

phrase ‘‘heart failure; and preventive 

care services.’’ is corrected to read ‘‘heart 

failure; hypertension; and preventive 

care services.’’. 

23. On page 40186— 

a. Top quarter of the page, first 

column, second partial paragraph, line 

1, the figure ‘‘198’’ is corrected to read 

‘‘199.’’ 

b. Second quarter of the page, Table 

51, the table is corrected by removing 

the entry for ‘‘Measure No. 135’’. 

c. Third quarter of the page— 

(1) First column, first full paragraph— 

(a) Line 3, the figure ‘‘5’’ is corrected 

to read ‘‘4’’. 

(b) Line 8, the phrase ‘‘PQRI measures 

#135, #136, and #139’’ is corrected to 

read ‘‘PQRI measures #136 and #139’’. 

(2) Second column— 

(a) First full paragraph— 

(1) Line 1, the figure ‘‘170’’ is corrected 

to read ‘‘171’’. 

(2) Line 3, the figure ‘‘170’’ is corrected 

to read ‘‘171’’. 

(b) First partial paragraph, line 1, the 

figure ‘‘125’’ is corrected to read ‘‘126’’. 

24. On pages 40186 through 40190, in 

Table 52, the table is corrected by— 

(a) Adding the following entry in 

numerical order: 

Measure No. Measure title Measure developer 

NQF 

Measure 

No. 

135 ........................................... Chronic Kidney Disease (CKD): Influenza Immunization ......... AMA–PCPI .............................. AQA 

(b) Revising the fourth column (NQF 

measure no.) for the following entries: 

Measure No. Measure title Measure developer 

NQF 

Measure 

No. 

201 ........................................... Ischemic Vascular Disease (IVD): Blood Pressure Management Control.NCQA ...................................... 0073 

202 ........................................... Ischemic Vascular Disease (IVD): Complete Lipid Profile ...... NCQA ...................................... 0075 

25. On page 40192, lower half of the 

page, Table 54, first column, 

a. Lines 35 and 36, the measure title 

‘‘Asthma: Assessment of Asthma Risk— 

Emergency Department/Inpatient 

Setting’’ is corrected to read ‘‘Asthma— 

Tobacco Use Screening—Ambulatory 

Setting’’. 

b. Lines 37 and 38, the measure title 

‘‘Asthma: Discharge Plan—Emergency 

Department/Inpatient Setting’’ is 

corrected to read ‘‘Asthma—Tobacco 

Use Intervention—Ambulatory 

Screening’’. 

26. On page 40193, third quarter of 

the page, Table 56, the table title, 

‘‘TABLE 56: PROPOSED 2011 

MEDICARE ARRA—HITECH 

MEASURES AVAILABLE FOR EHR– 

BASED REPORTING’’ is corrected to 

read ‘‘TABLE 56—ADDITIONAL 

PROPOSED MEASURES AVAILABLE 

FOR EHR–BASED REPORTING IN 

2011’’. 

27. On page 40194, lower half of the 

page, Table 58, the table is corrected by 

adding the following entry in numerical 

order: 

Measure No. Measure title NQF Measure No. Measure 

developer 

135 ........................................... Chronic Kidney Disease (CKD): Influenza Immunization ......... AQA adopted ........................... AMA-PCPI 

28. On page 40197, middle of the 

page, Table 70, second column— 

a. Lines 3 and 4, the measure title 

‘‘Assessment of Asthma Risk— 

Emergency Department/Inpatient 

Setting’’ is corrected to read ‘‘Asthma— 

Tobacco Use Screening—Ambulatory 

Setting’’. 

b. Line 5, the measure title ‘‘Asthma: 

Discharge Plan—Emergency 

Department/Inpatient Setting’’ is 

corrected to read ‘‘Asthma—Tobacco 

Use Intervention—Ambulatory 

Screening’’. 

29. On page 40199— 

a. First column, last bulleted 

paragraph, last line, the phrase ‘‘MOCP 

for such year’’ is corrected to read 

‘‘MOCP practice assessment for such 

year’’. 

b. Second column, second numbered 

paragraph (1), the paragraph ‘‘(1) In a 

form and manner specified by the 

Secretary, that the EP has successfully 

completed a qualified MOCP practice 


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52490 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Proposed Rules 

assessment for such year;’’ is corrected 

to read ‘‘(1) In a form and manner 

specified by the Secretary, that the EP 

more frequently than is required to 

qualify for or maintain board 

certification status, participates in the 

MOCP for a year and successfully 

completes a qualified MOCP practice 

assessment for such year;’’. 

c. Third column, first bulleted 

paragraph, line 20, the phrase ‘‘her or 

participate’’ is corrected to read ‘‘EHR or 

participate’’. 

30. On page 40200, third column, fifth 

bulleted paragraph that begins with the 

phrase ‘‘The board has signed’’ is 

corrected to read as follows: 

‘‘• The board has signed 

documentation from the EP that the EP 

wishes to have their information 

released to CMS; 

• Information from the experience of 

care survey;’’. 

31. On page 40207, third column, 

before the third full paragraph, in the 

section heading, line 1, the section 

number ‘‘(2)’’ is corrected to read ‘‘(ii)’’. 

32. On page 40217, first column, fifth 

full paragraph, lines 8 through 10, the 

phrase ‘‘independent determination 

from the CBIC’s recommendation to 

terminate’’ is corrected to read 

‘‘independent recommendation whether 

to terminate’’. 

33. On page 40225, lower third of the 

page, third column, before the last 

paragraph, in the section heading, the 

section number ‘‘3.’’ is corrected to read 

‘‘2.’’. 

34. On page 40243— 

a. Second column— 

(1) Second full paragraph, lines 5 

through 7, the phrase ‘‘to physicians or 

other practitioners (as defined by the 

Secretary)’’ is corrected to read ‘‘to 

physicians, other practitioners (as 

defined by the Secretary), or hospitals’’. 

(2) Last paragraph— 

(a) Lines 2 and 3, the phrase 

‘‘physicians and other providers’’ is 

corrected to read ‘‘physicians, other 

practitioners, and hospitals’’. 

(b) Lines 3 and 4, the phrase, ‘‘allow 

physicians to continue’’ is corrected to 

read ‘‘allow physicians, other 

practitioners, and hospitals to 

continue’’. 

b. Third column, first partial 

paragraph, lines 4 through 6, the phrase, 

‘‘continued access to OTS items for 

beneficiaries while being seen in their 

physician’s office.’’ is corrected to read 

‘‘access to these items for beneficiaries 

when these items are furnished by 

physicians, other practitioners, and 

hospitals to their own patients.’’ 

35. On page 40244, second column, 

first full paragraph— 

a. Line 5, the phrase ‘‘switching 

beneficiaries’’ is corrected to read 

‘‘incentivizing beneficiaries to switch’’. 

b. Line 19, the phrase, ‘‘do require 

beneficiaries’’ is corrected to ‘‘do not 

require beneficiaries’’. 

B. Corrections to the Regulations Text 

1. On page 40259, second column, 

first partial paragraph 

§ 414.904(d)(3)(iii)(A)— 

a. Line 3, the phrase ‘‘quarters; 

immediately preceding’’ is corrected to 

read ‘‘quarters, immediately preceding’’. 

b. Last line, the phrase ‘‘apply; and,’’ 

is corrected to read ‘‘apply; and’’. 

IV. Waiver of 60-Day Comment Period 

We ordinarily permit a 60-day 

comment period on a notice of proposed 

rulemaking in the Federal Register, as 

provided in section 1871(b)(1) of the 

Act. However, this period may be 

shortened, as provided under section 

1871(b)(2)(C) of the Act, when the 

Secretary finds good cause that a 60-day 

comment period would be 

impracticable, unnecessary, or contrary 

to the public interest and incorporates a 

statement of the finding and its reasons 

in the rule issued. 

The changes made by this correction 

notice do not constitute agency 

rulemaking, and therefore the 60-day 

comment period does not apply. This 

correction notice merely corrects 

typographical and technical errors in 

the CY 2011 Physician Fee Schedule 

proposed rule and does not make 

substantive changes to the CY 2011 

Physician Fee Schedule proposed rule 

appearing in the July 13, 2010 Federal 

Register that would require additional 

time on which to comment. Instead, this 

correction notice is intended to ensure 

the accuracy of the CY 2011 Physician 

Fee Schedule proposed rule. To the 

extent that the 60-day comment period 

does apply, we find good cause to 

shorten the period for the reasons set 

forth above. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: August 23, 2010. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2010–21255 Filed 8–23–10; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 213 

[Docket No. FRA–2009–0007, Notice No. 1] 

RIN 2130–AC01 

Track Safety Standards; Concrete 

Crossties 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FRA is proposing to amend 

the Federal Track Safety Standards to 

promote the safety of railroad operations 

over track constructed with concrete 

crossties. In particular, FRA is 

proposing specific requirements for 

effective concrete crossties, for rail 

fastening systems connected to concrete 

crossties, and for automated inspections 

of track constructed with concrete 

crossties. In addition, FRA is proposing 

to remove the provision on preemptive 

effect. 

DATES: Written comments must be 

received by October 12, 2010. 

Comments received after that date will 

be considered to the extent possible 

without incurring additional delay or 

expense. 

FRA anticipates being able to resolve 

this rulemaking without a public, oral 

hearing. However if FRA receives a 

specific request for a public, oral 

hearing prior to September 27, 2010, 

one will be scheduled and FRA will 

publish a supplemental notice in the 

Federal Register to inform interested 

parties of the date, time, and location of 

any such hearing. 

ADDRESSES: Comments: Comments 

related to this Docket No. FRA–2009– 

0007, Notice No. 1 may be submitted by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand Delivery: Docket Management 

Facility, U.S. Department of 

Transportation, West Building, Ground 

floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 


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