Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Rules and Regulations 33029

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 approves preexisting requirements under State law

and does not impose any additional

enforceable duty beyond that required

by State law, 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).

This rule also does not have a

substantial direct effect on one or more

Indian Tribes, on the relationship

between the Federal Government and

Indian Tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian Tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000), nor

will it 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

approves 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. This rule also is not

subject to Executive Order 13045 (62 FR

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

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve State choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. 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, EPA has 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, 5

U.S.C. section 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. EPA will submit a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. section 804(2). This

rule will be effective August 20, 2001

unless EPA receives adverse written

comments by July 20, 2001.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 20, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2))

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Note: Incorporation by reference of the

Implementation Plan for the State of Alaska

was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: May 30, 2001.

Michael A. Bussell,

Acting Regional Administrator, Region 10.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

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

Subpart C—Alaska

2. Section 52.70 is amended by

adding paragraph (c)(30) to read as

follows:

§ 52.70 Identification of plan.

(c) * * *

(30) On November 1, 1999, the Alaska

Department of Environmental

Conservation (ADEC) submitted a SIP

revision to revise the visible emission

limit for coal burning boilers, during

startup; shutdown; soot-blowing; grate

cleaning; or other routine maintenance

activities, that began operation before

August 17, 1971, and submitted the

required demonstration. This SIP

revision is approved for the following

facilities that submitted the required

demonstration: Golden Valley Electric

Association (GVEA), Healy (Unit #1);

Eielson Air Force Base, Fairbanks (6

units); Aurora Energy, Fairbanks (4

units); and Clear Air Force Base, Clear

(3 units). Additionally, we are

approving a revision to the definitions

section that will add definitions of grate

cleaning and soot-blowing.

(i) Incorporation by reference.

(A) 18 Alaska Administrative Code

(AAC) 50.055(a)(9), Industrial Processes

and Fuel-Burning Equipment; as State

effective on November 4, 1999. 18 AAC

50.990, subsections (106) and (107),

Definitions; as State effective on January

1, 2000.

[FR Doc. 01–15416 Filed 6–19–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ 099–0038; FRL–7000–1]

Withdrawal of Direct Final Rule

Revising the Arizona State

Implementation Plan, Pinal-Gila

Counties Air Quality Control District

and Pinal County Air Quality Control

District

AGENCY: Environmental Protection

Agency (EPA).

33030 Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Rules and Regulations

ACTION: Withdrawal of direct final rule.

SUMMARY: EPA is withdrawing direct

final approval of the recision of rules

from the Pinal-Gila Counties Air Quality

Control District (PGCAQCD) portion of

the Arizona State Implementation Plan

(SIP) that were published in the Federal

Register on May 1, 2001 (66 FR 21675).

EFFECTIVE DATE: The direct final rule

published on May 1, 2001 is withdrawn

as of June 20, 2001.

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office, Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105; (415)

744–1135.

SUPPLEMENTARY INFORMATION: On May 1,

2001 (66 FR 21727), EPA proposed to

approve the recision of various

PGCAQCD rules from the Arizona State

Implementation Plan (SIP). On the same

day (66 FR 21675), EPA also published

a direct final rule approving the recision

of these rules from the SIP. The action

provided a 30 day public comment

period and explained that if we received

adverse comments, we would withdraw

the relevant direct final action.

We did receive adverse comments,

and are therefore withdrawing the direct

final recision of all of the rules. We are

not opening an additional comment

period. We intend to finalize action on

these rules based on the May 1, 2001

proposed action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Particulate matter,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

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

Dated: June 6, 2001.

Laura Yoshii,

Acting Regional Administrator, Region IX.

[FR Doc. 01–15482 Filed 6–19–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 405

[HCFA–3074–F]

RIN 0938–AK98

Medicare and Medicaid Programs;

End-Stage Renal Disease—Waiver of

Conditions for Coverage Under a State

of Emergency in Houston, TX Area

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule.

SUMMARY: This final rule grants a waiver

of the end-stage renal disease conditions

for coverage to permit the transplant

team of an approved renal transplant

center to furnish covered kidney

transplant services in three specific

hospitals in the Houston, Texas area

during a state of emergency crisis.

EFFECTIVE DATE: These regulations are

effective on June 15, 2001.

FOR FURTHER INFORMATION CONTACT:

Jackie Sheridan, (410) 786–4635, or

Jennifer Doherty, (410) 786–2462.

SUPPLEMENTARY INFORMATION:

I. Provisions of this Rule

A state of emergency has resulted

from a natural disaster causing massive

flooding, loss of power, and disruption

to basic services throughout the

Houston, Texas area. A severe health

and safety threat exists from the

unanticipated damage done to hospitals

in the entire Houston area.

Approximately 2,000 hospital beds in

downtown Houston have been closed,

including end-stage renal disease

(ESRD) facilities currently approved to

furnish kidney transplant services.

Effective June 15, 2001, we are

waiving the ESRD conditions for

coverage in 42 CFR, part 405, subpart U

to permit coverage of kidney transplant

services performed by the transplant

team from Memorial Hermann Hospital

when performed at one of the following

hospitals:

• Memorial Hermann-Memorial City

Hospital (commonly referred to as

Memorial City Hospital).

• Memorial Hermann Southwest

Hospital (commonly referred to as

Memorial Southwest Hospital).

• Memorial Hermann Southeast

Hospital (commonly referred to as

Memorial Southeast Hospital).

This waiver of the conditions for

coverage is effective until December 15,

2001 or until memorial Hermann

Hospital re-opens to furnish kidney

transplant services, whichever date

occurs first.

II. Waiver of Proposed Rulemaking &

Delay of Effective Date

We ordinarily publish a notice of

proposed rulemaking in the Federal

Register and invite public comment on

the proposed rule. The notice of

proposed rulemaking includes a

reference to the legal authority under

which the rule is proposed, and the

terms and substances of the proposed

rule or a description of the subjects and

issues involved. We generally delay the

effective date of a final rule. These

procedures can be waived, however, if

an agency finds good cause that the

notice-and-comment and effective date

delay procedures are impracticable,

unnecessary, or contrary to the public

interest and incorporates a statement of

the finding and its reasons in the rule

issued. Because of the imminent danger

posed to patients needing a kidney

transplant and the loss of availability of

facilities to perform these services, we

find that notice-and-comment is

impracticable, unnecessary, and

contrary to the public interest.

Therefore, we find good cause to

waive the notice of proposed

rulemaking and delay of effective date

to issue this final rule.

List of Subjects in Part 405

Administrative practice and

procedure, Health facilities, Health

professions, Kidney diseases, Medicare,

Reporting and recordkeeping

requirements, Rural areas, X-rays.

For the reasons set forth in the

preamble, 42 CFR, chapter IV, is

amended as set forth below:

PART 405—FEDERAL HEALTH

INSURANCE FOR THE AGED AND

DISABLED

1. The authority citation for part 405,

subpart U continues to read as follows:

Authority: Secs. 1102, 1138, 1861, 1862(a),

1871, 1874, and 1881 of the Social Security

Act (42 U.S.C. 1302, 1320b–8, 1395x,

1395y(a), 1395hh, 1395kk, and 1395rr),

unless otherwise noted.

Subpart U—Conditions for Coverage of

Suppliers of End-Stage Renal Disease

(ESRD)

2. A new § 405.2175 is added to read

as follows:

§ 405.2175 Waiver of conditions for

coverage for state of emergency situations.

(a) Effective June 15, 2001, HCFA

waives the ESRD conditions for

coverage in this subpart to permit

coverage of kidney transplant services