Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 31499 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 and Part 70 

[EPA–R02–OAR–2012–0032, FRL–9675–1] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; Commonwealth of 

Puerto Rico; Administrative Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to an adverse comment, 

EPA is withdrawing the direct final rule, 

published on March 22, 2012, that 

approved revisions to the Puerto Rico 

Regulations for the Control of 

Atmospheric Pollution. Those revisions 

were submitted to EPA by the Puerto 

Rico Environmental Quality Board on 

July 13, 2011, and consist of 

amendments to Rules 102, 111, 115, 116 

and Appendix A. Generally the 

revisions to the regulations involve 

administrative changes which improve 

the clarity of the rules contained in the 

Commonwealth’s Implementation Plan 

and Operating Permits Program. 

DATES: The direct final rule is 

withdrawn as of May 29, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R02–OAR–2012–0032 for 

this action. Copies of the state 

submittal(s) are available at the 

following address for inspection during 

normal business hours: Environmental 

Protection Agency, Region 2 Office, Air 

Programs Branch, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3381. 

SUPPLEMENTARY INFORMATION: In the 

direct final rule published at 77 FR 

16676, EPA stated that if we received 

adverse comments by April 23, 2012, 

the rule would be withdrawn and not 

take effect. EPA subsequently received 

an adverse comment. EPA will address 

the comment received in a subsequent 

final action based upon the proposed 

action also published on March 22, 2012 

(77 FR 16795). EPA will not institute a 

second comment period on this action. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: May 9, 2012. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2012–12783 Filed 5–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 430, 433, 447, and 457 

[CMS–2292–F] 

RIN 0938–AQ32 

Medicaid and Children’s Health 

Insurance Programs; Disallowance of 

Claims for FFP and Technical 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule reflects the 

Centers for Medicare & Medicaid 

Services’ commitment to the general 

principles of the President’s Executive 

Order 13563 released January 18, 2011, 

entitled ‘‘Improving Regulation and 

Regulatory Review.’’ This rule will: 

implement a new reconsideration 

process for administrative 

determinations to disallow claims for 

Federal financial participation (FFP) 

under title XIX of the Act (Medicaid); 

lengthen the time States have to credit 

the Federal government for identified 

but uncollected Medicaid provider 

overpayments and provide that interest 

will be due on amounts not credited 

within that time period; make 

conforming changes to the Medicaid 

and Children’s Health Insurance 

Program (CHIP) disallowance process to 

allow States the option to retain 

disputed Federal funds through the new 

administrative reconsideration process; 

revise installment repayment standards 

and schedules for States that owe 

significant amounts; and provide that 

interest charges may accrue during the 

new administrative reconsideration 

process if a State chooses to retain the 

funds during that period. This final rule 

will also make a technical correction to 

reporting requirements for 

disproportionate share hospital 

payments, revise internal delegations of 

authority to reflect the term 

‘‘Administrator or current Designee,’’ 

remove obsolete language, and correct 

other technical errors. 

DATES: Effective Date: These regulations 

are effective on June 28, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robert Lane, (410) 786–2015, or Lisa 

Carroll, (410) 786–2696, for general 

information. 

Edgar Davies, (410) 786–3280, for 

Overpayments. 

Claudia Simonson, (312) 353–2115, for 

Overpayments resulting from Fraud. 

Rory Howe, (410) 786–4878, for Upper 

Payment Limit and Disproportionate 

Share Hospital. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title XIX of the Social Security Act 

(the Act) authorizes Federal grants to 

States to jointly fund programs that 

provide medical assistance to lowincome families, the elderly, and 

persons with disabilities. This FederalState partnership is administered by 

each State in accordance with an 

approved State plan. States have 

considerable flexibility in designing 

their programs, but must comply with 

Federal requirements specified in 

Medicaid statute, regulations, and 

interpretive agency guidance. Federal 

financial participation (FFP) is available 

for State medical assistance 

expenditures, and administrative 

expenditures related to operating the 

State Medicaid program, that are 

authorized under Federal law and the 

approved State plan. 

For a detailed description of the 

background of this final rule, please 

refer to the proposed rule published on 

August 3, 2011 (76 FR 46685) in the 

Federal Register. 

In addition to the background 

described in the proposed rule, it is 

significant that section 6506 of the 

Patient Protection and Affordable Care 

Act (Pub. L. 111–148, enacted on March 

23, 2010) (the Affordable Care Act) 

amended section 1903(d)(2) of the Act 

to extend the period from 60 days to 1 

year for which a State may collect an 

overpayment from providers before 

having to return the Federal share of the 

funds. This section of the Affordable 

Care Act also provides for additional 

time beyond the 1 year for States to 

recover debts due to fraud when a final 

judgment (including a final 

determination on an appeal) is pending. 


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