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published on May 1, 2001 is withdrawn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

Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Rules and Regulations 33031

performed by the transplant team from

Memorial Hermann Hospital when

performed at one of the following

hospitals:

(1) Memorial Hermann-Memorial City

Hospital (commonly referred to as

Memorial City Hospital).

(2) Memorial Hermann Southwest

Hospital (commonly referred to as

Memorial Southwest Hospital).

(3) Memorial Herman Southeast

Hospital (commonly referred to as

Memorial Southeast Hospital).

(b) The 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. HCFA will publish a rule

removing this waiver after it expires.

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program)

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Thomas A. Scully,

Administrator, Health Care Financing

Administration.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–15587 Filed 6–15–01; 5:10 pm]

BILLING CODE 4120–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 960531152–6152–01; I.D.

042996B]

RIN 0648–A118

Fisheries of the Exclusive Economic

Zone Off Alaska; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; correcting

amendments.

SUMMARY: This document contains a

correction to the final rule consolidating

regulations for fisheries of the Exclusive

Economic Zone off Alaska that was

published in the Federal Register on

June 19, 1996.

DATES: Effective June 20, 2001.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907–586–7008.

SUPPLEMENTARY INFORMATION: A final

rule was published in the Federal

Register on 61 FR 31227 (June 19, 1996),

to consolidate six parts (671, 672, 673,

675, 676, and 677) in title 50 of the CFR

into one new part (50 CFR part 679). A

new prohibition to § 679.7 was created

by combining the prohibitions from the

formerly separate six parts. Individual

Fishing Quota (IFQ) fisheries

prohibitions were placed into § 679.7 (f).

An error was made in citing the cross

reference within one paragraph placed

in the new part. The former prohibition

§ 676.16 (d) referred the reader to an

exception at § 676.17. Section 676.17

(a), entitled ‘‘vessel clearance,’’

described vessel landing procedures and

became § 679.5(l)(3) entitled ‘‘vessel

clearance.’’ Section 676.17(b), entitled

‘‘Ten Percent Adjustment Policy,’’

described a requirement to harvest

within the allocated IFQ permit amount.

This second paragraph became § 679.40

(d). The former prohibition § 676.16 (d)

became § 679.7 (f)(4).

The error occurs because the cross

reference at § 679.7 (f)(4) incorrectly

refers the reader to an exception at

§ 679.5 (l)(3); the correct cite is § 679.40

(d).

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and

reporting requirements.

Accordingly, 50 CFR part 679 is

corrected by making the following

correcting amendments:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for part 679

continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq., and 1631 et seq.

§ 679.7 [Corrected]

2. In § 679.7 (f)(4), remove ‘‘Except as

provided in § 679.5 (l)(3)’’ and add in

its place, ‘‘Except as provided in

§ 679.40 (d)’’.

Dated: June 14, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–15537 Filed 6–19–01; 8:45 am]

BILLING CODE 3510–22–S