Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Rules and Regulations 31177

that the autologous donor should not

donate in the future; and

(iii) The results of tests for evidence

of infection due to communicable

disease agent(s), that were a basis for

deferral under § 610.41 of this chapter,

including results of supplemental (i.e.,

additional, more specific) tests as

required in § 610.40(e) of this chapter.

(2) You must make reasonable

attempts to notify the autologous

donor’s referring physician within 8

weeks after determining that the

autologous donor is deferred as

described in paragraph (a) of this

section. You must document that you

have successfully notified the

autologous donor’s referring physician

or when you are unsuccessful that you

have made reasonable attempts to notify

the physician.

Dated: June 1, 2001.

Bernard A. Schwetz,

Acting Principal Deputy Commissioner.

[FR Doc. 01–14409 Filed 6–8–01; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 989

RIN 0701–AA56

Environmental Impact Analysis

Process (EIAP); Correction

AGENCY: Department of the Air Force,

DoD.

ACTION: Final rule; correction.

SUMMARY: The Department of the Air

Force published in the Federal Register

of March 28, 2001, a document

concerning correcting amendments.

This document corrects the inadvertent

change to correcting amendment 45.

DATES: Effective on July 11, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Jack Bush (HQ USAF/ILEB), 1260 Air

Force Pentagon, Washington, DC 20330–

1260, (703) 604–0553.

SUPPLEMENTARY INFORMATION: In 32 CFR

part 989, FR Doc. 01–7671 published on

March 28, 2001 (66 FR 16868) make the

following correction. On page 16869,

correcting amendment 45, Appendix C,

paragraph A3.1.3, last sentence, correct

‘‘USAF/ILEVP’’ to read ‘‘HQ USAF/

ILEVP.’’

Dated: May 31, 2001.

Janet A. Long,

Air Force Federal Register Liaison Officer.

[FR Doc. 01–14681 Filed 6–8–01; 8:45 am]

BILLING CODE 5001–05–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[FRL–6995–2]

RIN 2060–AE56

Standards of Performance for Electric

Utility Steam Generating Units for

Which Construction is Commenced

After September 18, 1978; Standards of

Performance for IndustrialCommercial-Institutional Steam

Generating Units

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Partial withdrawal of direct

final rule.

SUMMARY: Due to relevant adverse

comment, the EPA is withdrawing two

provisions from the direct final rule

published on April 10, 2001 for Subpart

Da—Standards of Performance for

Electric Utility Steam Generating Units

for Which Construction is Commenced

After September 18, 1978, and Subpart

Db—Standards of Performance for

Industrial-Commercial-Institutional

Steam Generating Units (66 FR 18546).

These provisions deal with the revised

definition of ‘‘boiler operating day’’ and

the data substitution requirement for

missing data.

DATES: This rule is effective June 11,

2001. As of June 11, 2001, the EPA

withdraws the revised definition of

‘‘boiler operating day’’ in 40 CFR

§ 60.41a and 60.46a(j)(2) published on

April 10, 2001 (66 FR 18546). The

remaining provisions published on

April 10, 2001 will be effective June 11,

2001 as stated in the April 10, 2001

direct final rule. The addition of 40 CFR

60.46a(j)(2), which deletes the data

substitution requirement for missing

data, is effective June 11, 2001.

ADDRESSES: Docket number A–92–71,

containing supporting information used

in the development of this notice is

available for public inspection and

copying between 8:00 a.m. and 5:30

p.m., Monday through Friday (except

for Federal holidays) at the following

address: U.S. Environmental Protection

Agency, Air and Radiation Docket and

Information Center (6102), 401 M Street,

SW, Washington, DC 20460, or by

calling (202) 260–7548. A reasonable fee

may be charged for copying docket

materials.

FOR FURTHER INFORMATION CONTACT: Mr.

James Eddinger, Combustion Group,

Emission Standards Division (MD–13),

Office of Air Quality Planning and

Standards, U.S. EPA, Research Triangle

Park, NC 27711, telephone number (919)

541–5426, electronic mail address:

eddinger.jim@epa.gov.

SUPPLEMENTARY INFORMATION: Because

EPA received relevant adverse

comment, we are withdrawing two of

the provisions included in the direct

final rule for compliance and

monitoring requirements for duct

burners used in combined cycle

systems. We published the direct final

rule (66 FR 18546) and a notice of

proposed rulemaking (66 FR 18579)

intended to amend the emissions

monitoring and compliance provisions

for duct burners contained in subparts

Da and Db on April 10, 2001.

We stated in that Federal Register

that if we received relevant adverse

comment by May 10, 2001 on one or

more distinct provisions of the direct

final rule, we would publish a timely

withdrawal of those distinct provisions

in the Federal Register. We

subsequently received relevant adverse

comment on two of the provisions: the

revised definition of ‘‘boiler operating

day’’ in 40 CFR 60.41a and the data

substitution requirement contained in

40 CFR 60.46a(j)(2).

The adverse comments stated that the

revised definition of ‘‘boiler operating

day’’ and the inclusion of the 40 CFR

part 75 data substitution requirement

are independent of the amendments

addressing the compliance procedures

for duct burners. The commenters stated

that these provisions are inconsistent

with existing subpart Da procedures and

their potential impacts were not

analyzed or discussed in the proposal.

On reviewing the relevant adverse

comments, we agreed with their

conclusion that these provisions are

inconsistent with existing provisions in

subpart Da and independent of the

provisions addressing the compliance

procedures for duct burners. Section

60.47a(c)(2) states that, although 40 CFR

part 75 monitors can be used for subpart

Da compliance, 40 CFR part 75 missing

data and bias adjustment procedures

shall not be used. As for the revised

definition of ‘‘boiler operating day,’’

§ 60.47a(f) requires data to be collected

for at least 18 hours in a ‘‘boiler

operating day.’’ The proposed revised

definition of a ‘‘boiler operating day’’ is

inconsistent with this requirement.

Therefore, we are withdrawing the

revised definition of ‘‘boiler operating

day’’ and § 60.46a(j)(2) which contained

the requirement for substituting data

under 40 CFR part 75.

Based on the adverse comment

received, we are amending subpart Da to

add a revised § 60.46a(j)(2) which will

become effective on June 11, 2001 as

31178 Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Rules and Regulations

provided in the April 10, 2001 direct

final rule (66 FR 18546), as appears at

the end of this document. This revised

§ 60.46a(j)(2) differs from the

§ 60.46a(j)(2) that is being withdrawn

from the direct final rule by the deletion

of the following statement:

This includes data substituted according to

40 CFR 75.21(i) for invalid data and 40 CFR

75.30 for missing data or data adjusted for

negative bias as required by 40 CFR 75.23(d).

Based on our review of the comments

received, we will, therefore, not address

the comments on the withdrawn

provisions in a subsequent final action

on the parallel proposal published at 66

FR 18579.

The provisions for which we did not

receive relevant adverse comment, as

well as the revised § 60.46a(j)(2), will

become effective on June 11, 2001 as

provided in the April 10, 2001 direct

final rule (66 FR 18546).

Dated: June 5, 2001.

Robert D. Brenner,

Acting Assistant Administrator, Office of Air

and Radiation.

For reasons set out in the preamble,

title 40, chapter I, part 60 of the Code

of Federal Regulations is amended as

follows:

PART 60—[AMENDED]

1. The authority citation for part 60

continues to read as follows:

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

Subpart Da—[Amended]

2. Section 60.46a is amended by

adding paragraph (j)(2) to read as

follows:

§ 60.46a Compliance provisions.

* * * * *

(j) * * *

(2) The owner or operator of an

affected duct burner may elect to

determine compliance by using the

continuous emission monitoring system

specified under § 60.47a for measuring

NOX and oxygen and meet the

requirements of § 60.47a. Data from a

CEMS certified (or recertified) according

to the provisions of 40 CFR 75.20,

meeting the QA and QC requirements of

40 CFR 75.21, and validated according

to 40 CFR 75.23 may be used. The

sampling site shall be located at the

outlet from the steam generating unit.

The NOX emission rate at the outlet

from the steam generating unit shall

constitute the NOX emission rate from

the duct burner of the combined cycle

system.

* * * * *

[FR Doc. 01–14618 Filed 6–8–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 431, 433, 435, 436, and

457

[HCFA–2006–F3]

RIN 0938–AI28

State Child Health; Implementing

Regulations for the State Children’s

Health Insurance Program: Further

Delay of Effective Date

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule; Further delay of

effective date.

SUMMARY: This final rule temporarily

delays the effective date of the final rule

entitled ‘‘State Child Health;

Implementing Regulations for the State

Children’s Health Insurance Program’’

published in the January 11, 2001

Federal Register (66 FR 2490). That

final rule implements provisions of the

Balanced Budget Act of 1997 (BBA)

related to the State Children’s Health

Insurance Program (SCHIP).

Specifically, the final rule includes

provisions related to State plan

requirements and plan administration,

coverage and benefits, eligibility and

enrollment, enrollee financial

responsibility, strategic planning,

substitution of coverage, program

integrity, certain allowable waivers, and

applicant and enrollee protections. It

also implements the provisions of

sections 4911 and 4912 of the BBA,

which amended title XIX of the Social

Security Act to expand State options for

coverage of children under the Medicaid

program. In addition, the final rule

makes technical corrections to subparts

B and F of 42 CFR part 457.

On February 26, 2001, we initially

delayed the effective date of the final

rule from April 11, 2001 until June 11,

2001. The temporary 60-day delay in the

effective date was necessary to give

Department officials the opportunity for

further review and consideration of new

regulations.

We have decided to further delay the

effective date of the final rule because

we have determined that a short

additional period is required to properly

consider and promulgate necessary

revisions. To the extent that 5 U.S.C.

section 553 applies to this action, this

action is exempt from notice and

comment because it constitutes a rule of

procedure under 5 U.S.C. section 553(b)

(A). Alternatively, HCFA’s delay of

implementation of this rule without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

sections 553(b)(B) and 553(d)(3), in that

seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. Given the

imminence of the effective date, seeking

prior public comment on this temporary

delay would have been impractical

because the time available before the

effective date is too short for meaningful

comment. Moreover, to the extent that

seeking public comment would

preclude this delay, it would be

contrary to the public interest in the

orderly promulgation and

implementation of regulations in light of

the development of necessary revisions.

The immediate delay is necessary to

prevent application of inconsistent

standards while we issue the necessary

revisions.

DATES: The effective date of the final

rule amending 42 CFR parts 431, 433,

435, 436 and 457, published in the

Federal Register on January 11, 2001, at

66 FR 2490 and delayed on February 26,

2001 at 66 FR 11547 until June 11, 2001

is further delayed until June 25, 2001.

FOR FURTHER INFORMATION CONTACT:

Regina Fletcher (410) 786–3293.

(Catalog of Federal Domestic Assistance

Program No. 93.767, State Children’s Health

Insurance Program)

Dated: June 7, 2001.

Thomas A. Scully,

Administrator, Health Care Financing

Administration.

Approved: June 7, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–14733 Filed 6–8–01; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7763]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood