32858 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA-R03-OAR-2010-0039; FRL-9158-3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Control of Nitrogen Oxide 

Emissions From Industrial Boilers and 

Process Heaters at Petroleum 

Refineries 

Correction 

In rule document 2010–13377 

beginning on page 31711 in the issue of 

June 4, 2010, make the following 

correction: 

§52.420 [Corrected] 

On page 31712 in §52.420, the table 

titled EPA-APPROVED REGULATIONS IN

THE DELAWARE SIP should appear as 

follows: 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State citation Title/subject State effective 

date EPA approval date Additional explanation 

*******

Regulation 1142—Specific Emission Control Requirements (Formerly Regulation No. 42) 

*******

Section 2.0 ........ Specific Emission Control 

Requirements.

11/11/09 6/4/10 ..............................

[Insert page number 

where the document 

begins].

Emission limitations for any industrial boiler or process heater with a maximum heat input capacity 

of equal to or greater than 200 mmBTU/hr. 

* * * * * * * 

[FR Doc. C1–2010–13377 Filed 6–9–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 417, 422, 423, and 480 

[CMS–4085–CN] 

RIN 0938–AP77 

Medicare Program; Policy and 

Technical Changes to the Medicare 

Advantage and the Medicare 

Prescription Drug Benefit Programs; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the April 

15, 2010 Federal Register entitled 

‘‘Medicare Program; Policy and 

Technical Changes to the Medicare 

Advantage and the Medicare 

Prescription Drug Benefit Programs.’’ 

DATES: Effective Date: This correction 

notice is effective June 7, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Alissa Deboy, (410) 786–6041. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the final rule entitled ‘‘Medicare 

Program; Policy and Technical Changes 

to the Medicare Advantage and the 

Medicare Prescription Drug Benefit 

Programs’’ which appeared in the April 

15, 2010 Federal Register (FR Doc. 

2010–7966, (75 FR 19678)), there were 

technical and typographical errors that 

are identified and corrected in the 

Correction of Errors section below. The 

provisions in this correction notice are 

effective as if they had been included in 

the document that appeared in the April 

15, 2010 Federal Register. Accordingly, 

the corrections are effective June 7, 

2010. 

II. Summary of Errors 

On page 19752, in our preamble 

discussion regarding risk adjustment 

data validation (RADV) appeals and the 

addition of Medicare Advantage (MA) 

organization RADV—dispute and appeal 

procedures we made typographical 

errors in two regulatory citations and we 

correct these errors in section IV.A.1. of 

this correction notice. In addition, on 

page 19809 in the regulations text for 

the RADV provisions, we inadvertently 

designated two paragraphs as 

§ 422.311(c)(iii)(C). We are correcting 

this error in section IV.B.l. of this 

correction notice. 

In our preamble discussion of criteria 

and procedures for identifying 

‘‘protected classes’’ of drugs within 

which all covered Part D drugs must be 

included in Part D formularies (75 FR 

19767), we indicated that we would not 

finalize in regulations (§ 423.100) our 

proposed definitions used to interpret 

the section 176 of Medicare 

Improvements for Patients and 

Providers Act of 2008 (MIPPA) criteria 

(that is, the definitions for the terms, 

‘‘drug category or class,’’ ‘‘major or life 

threatening clinical consequences,’’ 

‘‘restricted access,’’ and ‘‘significant need 

for access to multiple drugs’’). However, 

we indicated that we would finalize our 

proposed regulations text regarding the 

exceptions criteria (§ 423.120(b)(2)(iv)). 

Therefore, in section IV.B.3. and 4. of 

this correction notice, we correct these 

errors by removing the proposed 

definitions inadvertently published for 

§ 423.100 and adding the exceptions 

criteria that were inadvertently omitted 

from § 423.120(b). 


cprice-sewell on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Rules and Regulations 32859 

On page 19812, we presented our 

regulatory changes to § 422.566 and 

§ 422.568 regarding organization 

determinations. We made errors in the 

amendatory statements for the 

regulations text of these sections 

regarding the redesigination of 

paragraphs. We are also correcting an 

technical error in § 422.566(c)(2)(i) 

(changing ‘‘A’’ to ‘‘The’’) to ensure 

consistency between paragraphs (c)(1)(i) 

and (c)(2)(i). In section IV.B.2 of this 

correction notice, we correct these 

errors. 

On page 19822, we presented our 

regulatory changes to § 423.551 

regarding changes in ownership during 

a PDP term of contract. In presenting 

these regulatory changes, we indicated 

that we were adding a new paragraph (g) 

instead of indicating that we were 

revising the existing paragraph (g). In 

section IV.B.5. of this correction notice, 

we correct this error. 

In our acronyms list and in the 

preamble discussion and regulations 

text regarding medication therapy 

management programs under Part D, we 

erroneously used the term 

‘‘comprehensive medical review’’ 

instead of ‘‘comprehensive medication 

review.’’ Therefore, in section IV. A.2, 4. 

and 5. and B.5. of this correction notice 

we are correcting these errors. In 

addition, we inadvertently listed the 

acronym for comprehensive medical 

reviews (CMR) twice. We also correct 

the erroneous listing of the acronym in 

section IV.A.1. of this correction notice. 

III. Waiver of Proposed Rulemaking 

and Waiver of the Delay in Effective 

Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). In addition, 

section 553(d) of the APA (5 U.S.C. 

553(b)) ordinarily requires a 30-day 

delay in effect date of final rules after 

the date of their publication in the 

Federal Register. However, we can 

waive both the notice and comment 

procedure and the 30-day delay in 

effective date if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

This document merely corrects 

typographical and technical errors made 

in the Policy and Technical Changes to 

the Medicare Advantage and the 

Medicare Prescription Drug Benefit 

Programs final rule (FR. Doc. 2010– 

7966) which appeared in the April 15, 

2010 Federal Register and will be 

effective on June 7, 2010. The 

provisions of the final rule have been 

subjected previously to notice and 

comment procedures. The corrections 

contained in this document are 

consistent with and do not make 

substantive changes to, the policies 

adopted in the final rule. Therefore, we 

find it unnecessary to undertake further 

notice and comment procedures with 

respect to this correction notice. We also 

believe it is in the public interest to 

waive notice and comment procedures 

and the 30-day delay in effective date 

for this notice. This correction notice is 

intended to ensure that the final rule 

accurately describes the policies being 

adopted in the final rule, and that 

correct information is made available to 

the public prior to June 7, 2010, the date 

on which the final rule becomes 

effective. 

For the reasons stated above, we find 

that both notice and comment and the 

30-day delay in effective date for this 

correction notice are unnecessary, and 

that it is in the public interest to make 

this notice effective in conjunction with 

the final rule to which the corrections 

apply. Therefore, we find there is good 

cause to waive notice and comment 

procedures and the 30-day delay in 

effective date for this correction notice. 

IV. Correction of Errors 

In FR Doc. 2010–7966 of April 15, 

2010, (75 FR 19678), make the following 

corrections: 

A. Correction of Errors in the Preamble 

1. On page 19679, third column, 

second line from the bottom, the 

acronym and term ‘‘CMR 

Comprehensive Medical Review’’ is 

corrected by deleting the acronym and 

term. 

2. On page 19680, first column, top of 

the page, line 1, the term for the 

acronym CMR, ‘‘Comprehensive 

Medical Review’’ is corrected to read 

‘‘Comprehensive Medication Review’’. 

3. On page 19752— 

a. In the first column, last paragraph, 

line 1, the citation § 422.311(c)(2)(v) is 

corrected to read ‘‘§ 422.311(c)(2)(ix)’’. 

b. In the second column, first partial 

paragraph, line 5, the citation 

§ 422.311(c)(2)(vi) is corrected to read 

‘‘§ 422.311(c)(2)(x)’’. 

4. On page 19773, in the second 

column, first full paragraph, line 5, the 

term ‘‘comprehensive medical review’’ is 

corrected to read ‘‘comprehensive 

medication review’’. 

5. On page 19793, first column— 

a. Second full paragraph, lines 8 and 

9, the term ‘‘comprehensive medical 

review’’ is corrected to read 

‘‘comprehensive medication review’’. 

b. Last paragraph— 

(1) Lines 4 and 5, the term ‘‘medical 

reviews’’ is corrected to read 

‘‘medication reviews’’. 

(2) Line 6, the term ‘‘medical review’’ 

is corrected to read ‘‘medication 

review’’. 

B. Correction of Errors in the 

Regulations Text 

1. On page 19809, in the first column, 

second full paragraph, line 1, the 

paragraph designation ‘‘(C)’’ is corrected 

to read ‘‘(D)’’. 

2. On page 19812, in the second 

column— 

a. In the first full paragraph, in the 

amendatory statement for § 422.566 

(statement number 37)— 

(1) Lines 4 and 5 (amendatory 

instruction C), the sentence 

‘‘Redesignating paragraph (b)(5) as 

(b)(6)’’ is corrected by removing the 

amendatory instruction. 

(2) Line 7 (amendatory instruction D), 

the sentence ‘‘Adding a new paragraph 

(b)(5) is corrected by removing the 

amendatory instruction. 

(3) Line 8 (amendatory statement E), 

the phrase ‘‘In paragraphs (c)(1)(i), and 

(c)(2)(i)’’ is corrected to read ‘‘In 

paragraph (c)(1)(i)’’. 

(4) Line 14 (after amendatory 

statement E and before the phrase ‘‘The 

revision and addition’’), the paragraph is 

corrected by adding the following 

sentence ‘‘F. In paragraph (c)(2)(i), the 

phrase ‘An enrollee (including his or 

her authorized representative)’; is 

removed and the phrase ‘The enrollee 

(including his or her representative);’ is 

added in its place.’’ 

b. In the fourth full paragraph, the 

paragraph ‘‘(5) Reduction of a previously 

authorized course of treatment if the 

enrollee believes that continuation of 

the course of treatment is medically 

necessary.’’ is corrected by removing the 

paragraph. 

c. In the fifth full paragraph, in the 

amendatory statement for § 422.568 

(statement number 38), lines 2 through 

7, the sentence beginning with the 

phrase ‘‘A. Redesginating paragraphs 

(a)’’ through the sentence ending with 

phrase ‘‘newly redesignated paragraph 

(d)’’ are corrected to read as follows: 

‘‘A. Redesignating paragraphs (c) and 

(d) as paragraphs (d)(1) and (d)(2), 

respectively. 

B. Redesignating paragraphs (a) and 

(b) as (b) and (c). 

C. Adding a new paragraph (a). 

D. Revising newly redesignated 

paragraph (d).’’ 


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32860 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Rules and Regulations 

3. On page 19816— 

a. First and second columns, second 

paragraph from the bottom of the page 

through the sixth full paragraph; the 

paragraph beginning with the phrase 

‘‘61. Section 423.100’’ through the 

paragraph ending with the phrase ‘‘on 

various individuals.’’ is corrected by 

deleting these paragraphs. 

b. In the third column, second full 

paragraph, in the amendatory statement 

for § 423.120 (statement number 64), 

line 6 (immediately following 

amendatory statement C), the paragraph 

is corrected by adding the following 

amendatory statement ‘‘D. Adding a new 

paragraph (b)(2)(vi).’’ 

4. On page 19817, third column, after 

the third full paragraph ((b)(1)(ix)) 

which ends with ‘‘*****’’, the 

paragraph is corrected by adding the 

following paragraphs: 

‘‘(2) * * * 

(vi) Exceptions to paragraph (b)(2)(v) 

of this section are as follows: 

(A) Drug products that are rated as 

therapeutically equivalent (under the 

Food and Drug Administration’s most 

recent publication of ‘‘Approved Drug 

Products with Therapeutic Equivalence 

Evaluations,’’ also known as the Orange 

Book). 

(B) Utilization management processes 

that limit the quantity of drugs due to 

safety. 

(C) Other drugs that CMS specifies 

through a process that is based upon 

scientific evidence and medical 

standards of practice (and, in the case of 

antiretroviral medications, is consistent 

with the Department of Health and 

Human Services Guidelines for the Use 

of Antiretroviral Agents in HIV–1– 

Infected Adults and Adolescents) and 

which permits public notice and 

comment. 

5. On page 19818, second column, 

fifth paragraph from the bottom 

(regulations text for 

§ 423.153(d)(1)(vii)(B)), lines 3 and 4, 

the term ‘‘comprehensive medical 

review’’ is corrected to read 

‘‘comprehensive medication review’’. 

6. On page 19822, in the third 

column, third paragraph from the 

bottom of the page, in the amendatory 

statement for § 423.551 (statement 

number 84), line 2, the phrase ‘‘adding 

a new paragraph (g) is corrected to read 

‘‘revising paragraph (g).’’ 

Authority: Catalog of Federal Domestic 

Assistance Program No. 93.773, Medicare— 

Hospital Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program). 

Dated: June 4, 2010. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2010–13923 Filed 6–7–10; 4:15 pm] 

BILLING CODE 4120–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 505 

[GSAR Amendment 2010–02; GSAR Case 

2008–G503 (Change 45) Docket 2008–0007; 

Sequence 11] 

RIN 3090–AI71 

General Services Administration 

Acquisition Regulation; GSAR Case 

2008–G503, Rewrite of GSAR Part 505, 

Publicizing Contract Actions 

AGENCIES: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is issuing a final 

rule amending GSA Acquisition 

Regulation (GSAR) which provides 

requirements for publicizing contract 

actions. 

DATES: Effective Date: June 10, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Beverly 

Cromer, Procurement Analyst, at (202) 

501–1448. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite Amendment 2010–02, 

GSAR Case 2008–G503 (Change 45). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA published a proposed rule, 

with request for comments, in the 

Federal Register at 73 FR 53404 on 

September 16, 2008. No comments were 

received in response to the proposed 

rule. This rule covers the GSAR portion 

of part 505. Currently, subparts 505.1, 

505.2, and 505.5 are identified as 

‘‘shaded’’ for regulatory coverage; 

however, the agency has deemed, these 

subparts as non-regulatory because the 

coverage addresses internal agency 

acquisition policy. These subparts have 

been revised and are moved to the nonregulatory portion of the GSA 

Acquisition Manual (GSAM). 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The General Services Administration 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the revisions are not considered 

substantive. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

GSAR do not impose recordkeeping or 

information collection requirements, or 

otherwise collect information from 

offerors, contractors, or members of the 

public that require approval of the 

Office of Management and Budget under 

44 U.S.C. chapter 35, et seq. 

List of Subjects in 48 CFR Part 505 

Government procurement. 

Dated: May 17, 2010. 

Rodney P. Lantier, 

Acting Senior Procurement Executive, Office 

of Acquisition Policy, General Services 

Administration. 

■ Therefore, under the authority of 40 

U.S.C. 121(c), GSA removes and 

reserves 48 CFR part 505. 

PART 505 [Removed and Reserved] 

[FR Doc. 2010–13902 Filed 6–9–10; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 390 and 395 

Regulatory Guidance Concerning the 

Preparation of Drivers’ Record of Duty 

Status To Document Compliance With 

the Hours-of-Service Requirements 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of regulatory guidance. 

SUMMARY: The FMCSA announces 

regulatory guidance concerning the 

requirement for interstate commercial 

motor vehicle (CMV) drivers to prepare, 

in duplicate, a record of duty status for 

each 24-hour period. FMCSA has 

determined that the current requirement 

may be satisfied through the preparation 

of an original handwritten record, and 

subsequent electronic submission to the 

motor carrier of a scanned image of the 

original record; the driver would retain 

the original while the carrier maintains 

the electronic scanned electronic image 

along with any supporting documents. 


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