Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 60101 

the Selective Service Internet web site, 

telephonic registration, registration on 

approved Government forms, including 

the Selective Service reminder mailback 

card, and registration through school 

registrars. These amendments will 

reduce a burden on the public by 

informing it of the additional 

registration methods prescribed by the 

Director of Selective Service. 

DATES: Effective November 9, 2000. 

FOR FURTHER INFORMATION CONTACT: 

Rudy Sanchez, Office of the General 

Counsel, Selective Service System, 1515 

Wilson Boulevard, Arlington, VA 

22209–2425. Telephone (703) 605–4071. 

SUPPLEMENTARY INFORMATION: The 

Military Selective Service Act (Act) 

requires that certain males register with 

the Selective Service System. 50 U.S.C. 

App. 451 et seq. The time, place and 

manner of registration is to be 

determined by proclamation of the 

President and by rules and regulations. 

50 U.S.C. App. 453(a). The President is 

permitted to delegate the authority to 

issue rules and regulations under the 

Act. 50 U.S.C. App. 460(c). On October 

12, 1971, E.O. 11623 was signed 

delegating the authority to issue rules 

and regulations under the Military 

Selective Service Act to the Director of 

the Selective Service System. 

Proclamation 4771 of July 2, 1980, 

provides for individuals to comply with 

the registration requirement of the 

Military Selective Service Act by 

completing a Registration Card at a 

classified Post Office. 

This Proclamation was amended by 

Proclamation 7275, February 22, 2000 

(65 FR 9199, February 24, 2000), to 

provide additional means to comply 

with the registration requirement. The 

rules are being amended to reflect 

additional registration methods 

prescribed by the Director of Selective 

Service as authorized by Proclamation 

7275. The technical amendments to the 

rules on registration and the duty to 

register will inform the public about the 

various means to comply with the 

registration requirement. 

The SSS considers this rule (32 CFR 

Part 1615) to be a procedural rule which 

is exempt from the notice and comment 

under 5 U.S.C. 533(b)(3)(A). This rule is 

not a significant rule for the purpose of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget. As required by the 

Regulatory Flexibility Act, SSS certifies 

that these regulatory amendments will 

not have a significant impact on small 

business entities. 

List of Subjects in 32 CFR Part 1615 

Selective Service System. 

For the reason set forth in the 

preamble amend part 1615 of title 32 of 

the Code of Federal Regulations as 

follows: 

PART 1615—ADMINISTRATION OF 

REGISTRATION 

1. The authority citation for part 1615 

is revised to read as follows: 

Authority: Military Selective Service Act, 

50 U.S.C. App. 451 et seq.; E.O. 11623, 36 FR 

19963, 3 CFR, 1971–1975 Comp., p. 614, as 

amended by E.O. 12608, 52 FR 34617, 3 CFR, 

1987 Comp., p. 245. 

2. Amend § 1615.1 to revise paragraph 

(a)(1), the first sentence of paragraph 

(a)(2), and the last sentence of paragraph 

(b), and to add paragraph (c) to read as 

follows: 

§ 1615.1 Registration. 

(a) * * * 

(1) Completing a registration card or 

other method of registration prescribed 

by the Director of Selective Service by 

a person required to register; and 

(2) The recording of the registration 

information furnished by the registrant 

in the records (master computer file ) of 

the Selective Service System. * * * 

(b) * * * If the registrant does not 

receive the verification notice within 90 

days after he completed a method of 

registration prescribed by the Director, 

he shall advise in writing the Selective 

Service System, P.O. Box 94638, 

Palatine, IL 60094–4638. 

(c) The methods of registration 

prescribed by the Director include 

completing a Selective Service 

Registration Card at a classified Post 

Office, registration on the Selective 

Service Internet web site (http:// 

www.sss.gov), telephonic registration, 

registration on approved Federal and 

State Government forms, registration 

through high school and college 

registrars, and Selective Service 

remainder mailback card. 

3. Amend § 1615.4 to remove the 

period at the end of the introductory 

text and add a colon in its place and to 

revise paragraph (a) and the first 

sentence of paragraph (b) to read as 

follows: 

§ 1615.4 Duty of persons required to 

register. 

* * * * * 

(a) To complete the registration 

process by a method prescribed by the 

Director of Selective Service and to 

record thereon his name, date of birth, 

sex, Social Security Account Number 

(SSAN), current mailing address, 

permanent residence, telephone 

number, date signed, and signature, if 

requested; and (b) To submit for 

inspection, upon request, evidence of 

his identity to a person authorized to 

accept the registration information. 

* * * * 

Gil Coronado, 

Director. 

[FR Doc. 00–25725 Filed 10–6–00; 8:45 am] 

BILLING CODE 8015–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[NC–087–9939; FRL–6881–1] 

Approval and Promulgation of State 

Plans—North Carolina: Approval of 

Revisions to the North Carolina State 

Implementation Plan; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; technical 

correction. 

SUMMARY: The United States 

Environmental Protection Agency (EPA) 

published in the Federal Register on 

November 10, 1999, a document 

approving revisions to clarify rules for 

the control of particulate emissions, add 

requirements for expedited permit 

processing, revise the Division name 

and address, and amend case-by-case 

MACT language. The State of North 

Carolina, through the North Carolina 

Department of Environment and Natural 

Resources (NCDENR) submitted these 

miscellaneous revisions to the North 

Carolina State Implementation Plan 

(SIP). The revisions are being clarified 

and corrected to add and revise entries 

that were inadvertently excluded in the 

Federal Register document. 

EFFECTIVE DATE: This correction is 

effective on October 10, 2000. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Crawford at (404) 562–9046, 

crawford.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

November 10, 1999 (64 FR 61213– 

61217) document included amendatory 

language in the third full paragraph of 

the third column on page 61215 that 

reads ‘‘Section 52.1770 (c) is amended 

by revising the entries for Sections 2D 

Air Pollution Control Requirements and 

2Q Air Quality Permit Requirements.’’ 

Entries .0105, .0540, .0312, .0313 and 

.0607 cannot be revised, but must be 

added to the table under Subchapters 

2D Air Pollution Control Requirements 

and 2Q Air Quality Permit 

Requirements. Entries .0104, .0515, 

.0938, .0108, .0313, and .0607 were not 


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60102 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 

displayed in the table and are being 

added under the headings Subchapters 

2D Air Pollution Control Requirements 

and 2Q Air Quality Permit 

Requirements. This document corrects 

these deficiencies. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is such good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. 

Administrative Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. This 

action merely approves state law as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule merely 

corrects an incorrect citation in a 

previous action, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Public Law 104–4). 

For the same reason, this rule also does 

not significantly or uniquely affect the 

communities of tribal governments, as 

specified by Executive Order 13084 (63 

FR 27655, May 10, 1998). This rule will 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

corrects a citation in a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act (CAA). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards; thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, we have taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the Executive Order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

The Congressional Review Act (CRA), 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. As 

stated previously, we made such a good 

cause finding, including the reasons 

therefore and established an effective 

date of October 10, 2000. We will 

submit a report containing this rule and 

other required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This correction to the North 

Carolina SIP table is not a ‘‘major rule’’ 

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

Dated: August 17, 2000. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

Chapter I, title 40, Code of Federal 

Regulations, is amended as follows: 

PART 52—[CORRECTED] 

1. The authority citation for part 52 

continues to read as follows: 

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

Subpart II—North Carolina [Corrected] 

2. Section 52.1770, the table in 

paragraph (c) is amended by: 

A. Adding entries .0105, .0540 under 

the heading Subchapter 2D Air 

Pollution Control Requirements and 

entries .0312, .0313, .0607 under the 

heading Subchapter 2Q Air Quality 

Permit Requirements. 

B. Revising entries .0101, .0104, 

.0202, .0302, .0506, .0507, .0508, .0509, 

.0510, .0511, .0513, .0514, .0515, .0521, 

.0531, .0914, .0927, .0938, .0953 (two 

entries), .1902, .1903 under the heading 

Subchapter 2D Air Pollution Control 

Requirements and .0101, .0103, .0108, 

.0207, .0306, .0307, .0805, .0806, .0807 

under the heading Subchapter 2Q Air 

Quality Permit Requirements. 

The additions and revisions read as 

follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 

EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State effective date 

EPA approval date Comments 

Subchapter 2D—Air Pollution Control Requirements 

* * * * * * * 

Section .0101 ........................................................ Definitions ............................................................. 1/5 11/10/99 

* * * * * * * 

Section .0104 ........................................................ Incorporation by Reference .................................. 1/15/98 11/10/99 

Section .0105 ........................................................ Mailing List ........................................................... 1/15/98 11/10/99 

* * * * * * * 

Section .0202 ........................................................ Registration of Air Pollution Sources ................... 1/15/98 11/10/99 


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Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 60103 

EPA APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject State effective date 

EPA approval date Comments 

* * * * * * * 

Section .0302 ........................................................ Episode Criteria .................................................... 1/15/98 11/10/99 

* * * * * * * 

Section .0506 ........................................................ Particulates from Hot Mix Asphalt Plants ............ 3/20/98 11/10/99 

Section .0507 ........................................................ Particulates from Chemical Fertilizer ................... 3/20/98 11/10/99 

Section .0508 ........................................................ Particulates from Pulp and Paper Mills ................ 3/20/98 11/10/99 

Section .0509 ........................................................ Particulates from Mica or Feldspar Processing ... 3/20/98 11/10/99 

Section .0511 ........................................................ Particulates from Lightweight Aggregate ............. 3/20/98 11/10/99 

* * * * * * * 

Section .0513 ........................................................ Particulates from Portland Cement Plants ........... 3/20/98 11/10/99 

Section .0514 ........................................................ Particulates from Ferrous Jobbing Foundries ...... 3/20/98 11/10/99 

Section .0515 ........................................................ Particulates from Miscellaneous Industrial Processes.3/20/98 11/10/99 

* * * * * * * 

Section .0521 ........................................................ Control of visible Emissions ................................. 3/20/98 11/10/99 

* * * * * * * 

Section .0531 ........................................................ Sources in Nonattainment Areas ......................... 1/15/98 11/10/99 

* * * * * * * 

Section .0540 ........................................................ Particulates from Fugitive Non-Process Dust 

Emission Sources.

3/20/98 11/10/99 

* * * * * * * 

Section .0914 ........................................................ Determination of VOC Emission Control System 

Efficiency.

3/20/98 11/10/99 

* * * * * * * 

Section .0927 ........................................................ Bulk Gasoline Terminals ...................................... 3/20/98 11/10/99 

* * * * * * * 

Section .0938 ........................................................ Perchloroethylene Dry Cleaning System ............. 3/20/98 11/10/99 

* * * * * * * 

Section .0953 ........................................................ Vapor Return Piping for Stage II Vapor Recovery 1/15/98 11/10/99 

Section .0953 ........................................................ Vapor Return Piping for Stage II Vapor Recovery 3/20/98 11/10/99 

* * * * * * * 

Section .1902 ........................................................ Definitions ............................................................. 1/15/98 11/10/99 

Section .1903 ........................................................ Permissible Open Burning Without a Permit ....... Annual 

Emissions 

Reporting 

1/15/98 11/10/99 

Subchapter 2Q— AirQuality Permits Requirements 

Section .0101 ........................................................ Required Air Quality Permits ................................ 3/20/98 11/10/99 

* * * * * * * 

Section .0103 ........................................................ Definitions ............................................................. 1/15/98 11/10/99 

* * * * * * * 

Section .0108 ........................................................ Delegation of Authority ......................................... 3/15/98 11/10/99 

Section .0207 ........................................................ Annual Emissions Reporting ................................ 1/15/98 11/10/99 

* * * * * * * 

Secton .0306 ......................................................... Permits Requiring Public Participation ................. 3/20/98 11/10/99 

Section .0307 ........................................................ Public Participation Procedures ........................... 1/15/98 11/10/99 

Subchapter 2Q—Air Quality Permits Requirements 

* * * * * * * 

Section .0312 ........................................................ Application Processing Schedule ......................... 3/20/98 11/10/99 

Section .0313 ........................................................ Expedited Application Processing Schedule ........ 4/17/97 11/10/99 

* * * * * * * 

Section .0607 ........................................................ Application Processing Schedule ......................... 4/17/97 11/10/99 

* * * * * * * 

Section .0805 ........................................................ Grain Elevators ..................................................... 1/15/98 11/10/99 

Section .0806 ........................................................ Cotton Gins .......................................................... 1/15/98 11/10/99 

Section .0807 ........................................................ Emergency Generators ........................................ 1/15/98 11/10/99 


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60104 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 

* * * * * 

[FR Doc. 00–25599 Filed 10–6–00; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Care Financing Administration 

42 CFR Part 413 

[HCFA–1883–F2] 

RIN 0938–AI80 

Medicare Program; Revision of the 

Procedures for Requesting Exceptions 

to Cost Limits for Skilled Nursing 

Facilities and Elimination of 

Reclassifications; Correction 

AGENCY: Health Care Financing 

Administration (HCFA) HHS. 

ACTION: Technical corrections. 

SUMMARY: In the August 5, 1999 issue of 

the Federal Register (64 FR 42610), we 

published a final rule addressing the 

procedures for granting exceptions to 

the Medicare skilled nursing facility 

(SNF) routine service cost limits, and 

we removed the provision allowing for 

reclassification for SNFs and home 

health agencies. This document amends 

the regulations text to make technical 

corrections to those parts of the 

regulation unrelated to the SNF 

exception procedures that were 

inadvertently changed. 

EFFECTIVE DATE: September 7, 1999. 

FOR FURTHER INFORMATION CONTACT: Julie 

Stankivic, (410) 786–5725. 

SUPPLEMENTARY INFORMATION: 

Background 

In the August 5, 1999 final rule (64 FR 

42610), we amended the regulations to 

allow the fiscal intermediaries to make 

final determinations on requests by 

skilled nursing facilities (SNFs) for 

exceptions to the Medicare routine 

service cost limits under 42 CFR 

§ 413.30(f). In the preamble to both the 

proposed and final rules (63 FR 42797 

and 64 FR 42610, respectively), we 

specifically stated that the changes are 

limited to our procedures regarding SNF 

exceptions. We did not intend to change 

the new provider exemption under 

§ 413.30(e) or any other provision 

relating to home health agencies 

(HHAs). The changes in § 413.30 as set 

forth in the final rule, however, have 

raised questions as to whether policy 

changes had been made in these 

unrelated areas. 

The New Provider Exemption 

The preamble to the proposed and 

final rules (63 FR 42797 and 64 FR 

42610, respectively) discussed the three 

types of relief available to SNFs that 

exceed the SNF routine service cost 

limits found in § 413.30. In the 

preamble concerning § 413.30(c), we 

indicated that a provider may seek relief 

from the effects of applying the cost 

limits, either by requesting an 

exemption from its limits as a new 

provider of inpatient services, by 

requesting a reclassification of its 

provider status, or by requesting an 

exception to the cost limit. Of these 

three types of relief, the proposed and 

final rules focused solely on the 

exception process and our proposal to 

revise the approval process for granting 

exceptions to the cost limits for SNFs 

and to remove the provision for 

obtaining a reclassification for a SNF or 

an HHA. We did not make changes to 

the exemption requirements for a new 

provider. However, the recently 

promulgated changes to § 413.30(c)(2), 

with regard to the processing of SNF 

exception requests, may have created 

confusion with regard to the processing 

of new provider exemption requests. In 

addition, editorial changes to 

§ 413.30(d), meant to clarify which 

provisions applied to which provider 

type may have created an impression 

that a policy change has occurred; no 

policy changes were intended. The only 

two provider types subject to the 

regulations found in § 413.30 at present 

are SNFs and HHAs. We did not 

propose any changes to our existing 

policies with regard to the new provider 

exemption provision or the processing 

of new provider exemption requests. 

The intermediary makes a 

recommendation to HCFA, and HCFA 

makes the final determination on 

requests by SNFs for a new provider 

exemption under § 413.30(d) as 

redesignated. 

Home Health Agencies 

In the preamble to the proposed and 

final rules (63 FR 42797, 64 FR 42610), 

we clearly stated that we are retaining 

the current procedures for HHA 

exception requests and that these 

provisions would remain unchanged. 

We modified § 413.30 (in its entirety), in 

an attempt to clarify which provisions 

applied to which provider type. The 

only two provider types subject to 

§ 413.30 at present are SNFs and HHAs. 

HHAs, however, have never been 

eligible to receive an exception for 

‘‘areas with fluctuating populations,’’ an 

impression that may have been created 

by these editorial changes. 

Provisions of the Rule 

For the reasons discussed above, we 

are making the necessary technical 

corrections to restore the regulations to 

conform with our longstanding and 

unchanged policies for both the new 

provider exemption for SNFs, and the 

procedures for exceptions to the cost 

limits for HHAs. 

List of Subjects in 42 CFR Part 413 

Health facilities, Kidney diseases, 

Medicare, Puerto Rico, Reporting and 

recordkeeping requirements. 

Accordingly, 42 CFR part 413 is 

corrected by making the following 

correcting amendments: 

PART 413—PRINCIPLES OF 

REASONABLE COST 

REIMBURSEMENT; PAYMENT FOR 

END-STAGE RENAL DISEASE 

SERVICES; PROSPECTIVELY 

DETERMINED PAYMENT RATES FOR 

SKILLED NURSING FACILITIES 

1. The authority citation for part 413 

continues to read as follows: 

Authority: Secs. 1102, 1812(d), 1814(b), 

1815, 1833(a), (i), and (n), 1871, 1881, 1883, 

and 1886 of the Social Security Act (42 

U.S.C. 1302, 1395f(b), 1395g, 13951, 

13951(a), (i), and (n), 1395x(v), 1395hh, 

1395rr, 1395tt, and 1395ww). 

2. In § 413.30, the following changes 

are made: 

§ 413.30 [Corrected] 

A. In paragraph (a) introductory text, 

at the end of the second sentence after 

the word ‘‘situations’’, the phrase ‘‘of 

particular providers’’ is added. 

B. In paragraph (a)(2), at the beginning 

of the first sentence, the words ‘‘Payable 

SNF and HHA’’ are removed, and the 

words ‘‘Reimbursable provider’’ are 

added in their place. 

C. In paragraph (c) introductory text, 

in the last sentence, the words 

‘‘intermediary’s notice of program pay’’ 

are removed, and the words 

‘‘intermediary’s notice of program 

reimbursement’’ are added in their 

place. 

D. In paragraph (c)(2), the heading is 

corrected to read ‘‘Skilled nursing 

facility exception’’; and in the first 

sentence, the word ‘‘exception’’ is 

added between the words ‘‘SNFs’’ and 

‘‘request’’. 

E. In paragraph (d), add the sentence 

‘‘The intermediary makes a 

recommendation on the provider’s 

request to HCFA, which makes the 

decision.’’ after the first sentence; and 

remove the words ‘‘the type of’’ from the 

first sentence and add the word ‘‘a’’ in 

their place. 


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