70598 Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations 

TABLE 1—SCHEDULE FOR EXCEPTIONAL EVENT FLAGGING AND DOCUMENTATION SUBMISSION FOR DATA TO BE USED IN

DESIGNATIONS DECISIONS FOR NEW OR REVISED NAAQS 

NAAQS pollutant/standard/(level)/promulgation date 

Air quality 

data collected for 

calendar 

year 

Event flagging & initial 

description deadline 

Detailed documentation 

submission deadline 

PM2.5/24-Hr Standard (35 μg/m3) Promulgated October 17, 

2006.

2004–2006 October 1, 2007 a ..................... April 15, 2008 a. 

Ozone/8-Hr Standard (0.075 ppm) Promulgated March 12, 

2008.

2005–2007 December 31, 2008 b ............... March 12, 2009 b. 

2008 March 12, 2009 b ..................... March 12, 2009 b. 

2009 January 8, 2010 b ..................... January 8, 2010 b. 

aThese dates are unchanged from those published in the original rulemaking, and are shown in this table for informational purposes. b Indicates change from general schedule in 40 CFR 50.14. 

Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most notably, for data used by EPA for redesignations to attainment. 

* * * * * 

[FR Doc. E8–27741 Filed 11–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260 and 261 

[EPA–HQ–RCRA–2002–0002; FRL–8743–5] 

RIN 2050–AE78 

Regulation of Oil-Bearing Hazardous 

Secondary Materials From the 

Petroleum Refining Industry 

Processed in a Gasification System To 

Produce Synthesis Gas; Notice of 

Action Denying Petition for 

Reconsideration 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of action denying 

petition for reconsideration. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

providing notice that it has responded 

to a petition for reconsideration of the 

final rule, ‘‘Regulation of Oil-Bearing 

Hazardous Secondary Materials from 

the Petroleum Refining Industry 

Processed in a Gasification System to 

Produce Synthesis Gas’’, published at 73 

FR 57 (January 2, 2008). The EPA 

considered the petition along with 

information contained in the 

rulemaking docket in reaching a 

decision on the petition. EPA Assistant 

Administrator Susan Parker Bodine 

denied the petition for reconsideration 

in a letter to the petitioners issued in 

November 2008. The letter explains 

EPA’s reasons for the denial. Section 

7006(a) of the Resource Conservation 

and Recovery Act (RCRA) states, in 

pertinent part, that judicial review of 

the denial of any petition for the 

amendment or repeal of any regulation 

under the Act may be filed only in the 

United States Court of Appeals for the 

District of Columbia Circuit within 90 

days of the denial. 

FOR FURTHER INFORMATION CONTACT: 

Alan Carpien, U.S. Environmental 

Protection Agency, Office of General 

Counsel, Mail Code 2366A, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone (202) 564–5507; or 

carpien.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How Can I Get Copies of This 

Document and Other Related 

Information? 

This Federal Register notice, the 

petition for reconsideration and the 

letter denying the petition for 

reconsideration are available in a docket 

EPA has established for this action 

under Docket ID No. EPA–HQ–RCRA– 

2008–0808. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, because 

for example, it may be Confidential 

Business Information (CBI) or other 

information, the disclosure of which is 

restricted by statute. Certain material, 

such as copyrighted material, is not 

placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC. The Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the RCRA Docket is (202) 566–0270. A 

reasonable fee may be charged for 

copying docket materials. 

Dated: November 14, 2008. 

Susan Parker Bodine, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. E8–27759 Filed 11–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 423 

[CMS–4138–IFC3] 

RIN–0938–AP52 

Medicare Program; Revisions to the 

Medicare Advantage and Prescription 

Drug Benefit Programs; Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period; correcting amendment. 

SUMMARY: In the September 18, 2008 

issue of the Federal Register (73 FR 

54226), we published an interim final 

rule with comment period that revises 

the regulations governing the Medicare 

Advantage (MA) program (Part C), 

prescription drug benefit program (Part 

D) and section 1876 cost plans. The 

interim final rule makes conforming 

changes to the MA regulations to reflect 

new statutory requirements regarding 

special needs plans (SNP), private-feefor-service plans (PFFS), regional 

preferred provider organizations (RPPO) 

plans, Medicare medical savings 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations 70599 

accounts (MSA) plans, and new 

statutory provisions governing costsharing for dual-eligible enrollees in the 

MA program prescription drug pricing, 

coverage, and payment processes in the 

Part D program. In addition, the interim 

final rule sets forth new requirements 

governing the marketing of Part C and 

Part D plans which by statute must be 

in place at a date specified by the 

Secretary, but no later than November 

15, 2008. Both the conforming changes 

to the regulations to reflect new 

statutory provisions and the new 

marketing requirements are based on 

provisions in the Medicare 

Improvements for Patients and 

Providers Act (MIPPA), which became 

law on July 15, 2008. This correcting 

amendment corrects technical and 

typographical errors identified in the 

September 18, 2008 interim final rule. 

DATES: Effective Date: This correcting 

amendment is effective November 21, 

2008, and is applicable on September 

18, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Vanessa Duran, (410) 786–8697. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E8–21686 (73 FR 54226), 

the interim final rule with comment 

period entitled ‘‘Revisions to the 

Medicare Advantage and Prescription 

Drug Benefit Programs,’’ there were 

typographical and technical errors that 

are identified and corrected in the 

preamble and regulations text of this 

correcting amendment. The provisions 

of this correcting amendment are 

effective September 18, 2008. 

II. Summary of Errors in the Preamble 

On page 54240, in the last paragraph 

of the second column, the acronym 

‘‘HIPAA’’ was inadvertently written 

instead of the acronym ‘‘MIPPA.’’ 

III. Correction of Errors in the Preamble 

1. On page 54240, in the second 

column; in the last paragraph, change 

the acronym ‘‘HIPAA’’ to read 

‘‘MIPPA.’’ 

IV. Summary of Errors in the 

Regulations Text 

On page 54251 of the September 18, 

2008 interim final rule, we made 

technical errors in § 423.505(i)(3)(iv) 

and (v) of the regulations text. In these 

paragraphs, we inadvertently replaced 

§ 423.505(i)(3)(iv) and (v) as they 

appeared in the December 5, 2007 final 

rule (72 FR 68732), entitled, ‘‘Revisions 

to the Medicare Advantage and Part D 

Prescription Drug Contract 

Determinations, Appeals, and 

Intermediate Sanctions Process.’’ We 

note that the provisions in the December 

5, 2007 final rule (72 FR 68732) were 

not intended to be revised in the 

September 18, 2008 interim final rule 

(73 FR 54226). Accordingly, we are 

redesignating § 423.505(i)(3)(iv) through 

(vi) as § 423.505(i)(3)(vi) through (viii). 

At this time, we are reserving 

paragraphs § 423.505(i)(3)(iv) and (v) 

because these provisions in the 

December 5, 2007 final rule do not go 

into effect until January 1, 2009. 

Under § 423.505(i)(3), redesignated 

paragraphs (vi) through (viii) will now 

reflect our intended policy changes in 

the September 18, 2008 interim final 

rule. 

V. Waiver of Proposed Rulemaking and 

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)). However, 

we can waive this notice and comment 

procedure 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. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

Our policy on contracts or written 

arrangements between Part D sponsors 

and first tier, downstream, and related 

entities in the September 18, 2008 

interim final rule has previously been 

subjected to notice and comment 

procedures. This correcting amendment 

merely corrects technical errors in the 

preamble and regulations text of the 

September 18, 2008 interim final rule. 

Therefore, we find that undertaking 

further notice and comment procedures 

to incorporate these corrections into the 

interim final rule is unnecessary and 

contrary to the public interest. 

For the same reasons, we are also 

waiving the 30-day delay in effective 

date for this correcting amendment. We 

believe that it is in the public interest 

to ensure that the September 18, 2008 

interim final rule accurately states our 

policy on contracts or written 

arrangements between Part D sponsors 

and first tier, downstream, and related 

entities. Thus delaying the effective date 

of these corrections would be contrary 

to the public interest. Therefore, we also 

find good cause to waive the 30-day 

delay in effective date. 

List of Subjects in 42 CFR Part 423 

Administrative practice and 

procedure, Emergency medical services, 

Health facilities, Health maintenance 

organizations (HMO), Medicare, 

Penalties, Privacy, Reporting and 

recordkeeping. 

■ Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correcting amendments to part 423: 

PART 423—VOLUNTARY MEDICARE 

PRESCRIPTION DRUG BENEFIT 

■ 1. The authority citation for part 423 

continues to read as follows: 

Authority: Secs. 1102, 1860D–1 through 

1860D–42, and 1871 of the Social Security 

Act (42 U.S.C. 1302, 1395w–101 through 

1395w–152, and 1395hh). 

Subpart K—Application Procedures 

and Contracts with Part D Plan 

Sponsors 

■ 2. Amend § 423.505 by— 

■ A. Redesignating paragraphs (i)(3)(iv) 

through (vi) as paragraphs (i)(3)(vi) 

through (viii). 

■ B. Reserving paragraphs (i)(3)(iv) and 

(v). 

The revisions read as follows: 

§ 423.505 Contract Provisions. 

* * * * * 

(i) * * * 

(3) * * * 

(iv) [Reserved] 

(v) [Reserved] 

* * * * * 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: November 7, 2008. 

Ann Agnew, 

Executive Secretary to the Department. 

[FR Doc. E8–27712 Filed 11–20–08; 8:45 am] 

BILLING CODE 4120–01–P 


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