50212 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 12, 2005. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 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 SS—Texas 

■ 2. In § 52.2270, the table in paragraph 

(e) entitled ‘‘EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP’’ 

is amended by adding one new entry to 

the end of the table to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal/effective date EPA approval date Comments 

* * * * * * * 

Voluntary Mobile Emission 

Program.

Dallas/Fort Worth, TX ........................ 4/25/00 8/26/05, [Insert FR page number 

where document begins].

[FR Doc. 05–17030 Filed 8–25–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R10–OAR–2005–WA–0005; FRL–7959–6] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes: Wallula, WA, Area 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is taking final 

action to approve a PM10 State 

Implementation Plan (SIP) maintenance 

plan revision for the Wallula, 

Washington nonattainment area and to 

redesignate the area from nonattainment 

to attainment. PM10 air pollution is 

suspended particulate matter with a 

nominal diameter less than or equal to 

a nominal ten micromenters. We are 

approving the maintenance plan 

revision and redesignation request 

because the State has adequately 

demonstrated that the control measures 

being implemented in the Wallula area 

will result in maintenance of the PM10

National Ambient Air Quality Standards 

and that all other requirements of the 

Clean Air Act for redesignation to 

attainment have been met. 

DATES: Effective September 26, 2005. 

ADDRESSES: Copies of the State’s request 

and other supporting information used 

in developing this action are available 

for inspection during normal business 

hours at the following locations: EPA, 

Office of Air, Waste, and Toxics (AWT– 

107), 1200 Sixth Avenue, Seattle, 

Washington 98101. Interested persons 

wanting to examine these documents 

should make an appointment with the 

appropriate office at least 24 hours 

before the visiting day. A reasonable fee 

may be charged for copies. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen, Office of Air, Waste, and 

Toxics (AWT–107), EPA Region 10, 

1200 Sixth Avenue, Seattle, 

Washington, 98101, (206) 553–6706. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Is the Background of This 

Rulemaking? 

II. What Comments Did We Receive on the 

Proposed Action? 

III. What Is Our Final Action? 

IV. Statutory and Executive Order Reviews 

I. What Is the Background of This 

Rulemaking? 

On July 1, 2005, we proposed to 

approve a State Implementation Plan 

(SIP) maintenance plan revision and 

redesignation request, dated March 29, 

2005, from the Director of the 

Washington State Department of 

Ecology (Ecology) for the Wallula PM– 

10 nonattainment area. 70 FR 38073. We 

proposed our approval based on the 

State’s demonstration that the control 

measures being implemented in the 

Wallula area would result in 

maintenance of the PM10 National 

Ambient Air Quality Standards and that 

all other Clean Air Act requirements for 

redesignation to attainment have been 

met. See the proposed action for a full 

description of how the maintenance 

plan and redesignation request meet 

Clean Air Act requirements. 

II. What Comments Did We Receive on 

the Proposed Action? 

EPA provided a 30-day review and 

comment period on the proposal 

published in the Federal Register on 

July 1, 2005 (70 FR 38073). We received 

no comments on our proposed 

rulemaking. 

III. What Is Our Final Action? 

We are taking final action to approve 

the Wallula PM10 maintenance plan and 

redesignate the Wallula nonattainment 

area to attainment for PM10. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This 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 pre-existing 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 

Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 50213 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will 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). This 

action also does not have Federalism 

implications because it does not 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). This action 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 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (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. 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. 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. 804(2). 

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 October 25, 2005. 

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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 12, 2005. 

Julie M. Hagensen, 

Acting Regional Administrator, Region 10. 

■ Parts 52 and 81, chapter I, title 40 of 

the Code of Federal Regulations are 

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 WW—Washington 

■ 2. Section 52.2475(e)(2)(ii) is revised 

to read as follows: 

§ 52.2475 Approval of plans. 

(e) * * * 

(2) * * * 

(ii) EPA approves, as a revision to the 

Washington State Implementation Plan, 

the Wallula PM10 maintenance plan, 

adopted by the Washington Department 

of Ecology on March 29, 2005 and 

submitted to EPA. 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.348, the table entitled 

‘‘Washington—PM–10’’ is amended by 

revising the entry for ‘‘Walla Walla and 

Benton Counties, Wallula’’ to read as 

follows: 

§ 81.348 Washington. 

* * * * * 

WASHINGTON—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

* * * * * * * 

Walla Walla and Benton Counties 

Wallula 

The area bounded on the south by a line from UTM coordinate 

5099975mN, 362500mE, west to 5099975mN, 342500mE, thence 

north along a line to coordinate 5118600mN, 342500mE, thence 

east to 5118600mN, 362500mE, thence south to the beginning 

coordinate 5099975mN, 362500mE.

September 26, 

2005.

Attainment.

* * * * * * * 

50214 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 

* * * * * 

[FR Doc. 05–16929 Filed 8–25–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 405 

[CMS–4064–IFC3] 

RIN–0938–AM73 

Medicare Program; Changes to the 

Medicare Claims Appeal Procedures: 

Correcting Amendment to a Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correcting amendment. 

SUMMARY: This correcting amendment 

corrects a technical error in the 

correcting amendment that appeared in 

the Federal Register, entitled ‘‘Medicare 

Program; Changes to the Medicare 

Claims Appeal Procedures: Correcting 

Amendment to an Interim Final Rule.’’ 

DATES: Effective Date: This correcting 

amendment is effective September 26, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Arrah Tabe-Bedward, (410) 786–7129. 

SUPPLEMENTARY INFORMATION: 

I. Background 

We have identified a technical error 

that appeared in a correcting 

amendment entitled ‘‘Medicare 

Program; Changes to the Medicare 

Claims Appeal Procedures: Correcting 

Amendment to an Interim Final Rule.’’ 

(70 FR 37700, June 30, 2005) In this 

correcting amendment, we are 

correcting that technical error. 

II. Correction of Error 

A. Technical Correction to the 

Regulations Text 

In § 405.1020 of the regulation text, 

we incorrectly stated the section’s title 

as ‘‘Time frames for deciding an appeal 

for a hearing before an ALJ.’’ It should 

have read, ‘‘Time and place for a 

hearing before an ALJ.’’ We correct this 

technical error in section B of this 

correcting amendment. 

III. Waiver of Proposed Rulemaking 

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. However, we can waive this 

procedure if we find good cause for 

doing so, and incorporate a statement of 

this finding and the reasons for it into 

the rule. A finding that a notice and 

comment period is impracticable, 

unnecessary, or contrary to the public 

interest constitutes good cause for 

waiving this procedure. 

We believe that it is unnecessary to 

seek public comment on the correction 

of this editorial error. Further, it is in 

the public’s interest to correct this 

editorial error because it makes the 

section more understandable to parties 

pursuing Medicare appeals under these 

procedures. Therefore, we find good 

cause to waive notice and comment 

procedures. 

(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) 

Correction of Regulation Text Error 

■ Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correction to part 405: 

PART 405—[CORRECTED] 

■ 1. The authority citation for part 405 

continues to read as follows: 

Authority: Secs. 205(a), 1102, 1861, 

1862(a), 1869, 1871, 1874, 1881, and 1886(k) 

of the Social Security Act (42 U.S.C. 405(a), 

1302, 1395x, 1395y(a), 1395ff, 1395hh, 

1395kk, 1395rr and 1395ww(k)) and Sec. 353 

of the Public Health Service Act (42 U.S.C. 

263a). 

§ 405.1020 [Corrected] 

■ 2. Section 405.1020 is amended by 

revising the section title to read as 

follows: 

§ 405.1020 Time and place for a hearing 

before an ALJ. 

* * * * * 

Dated: August 16, 2005. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 05–16711 Filed 8–25–05; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 433 

[CMS–2210–IFC] 

RIN 0938–AO04 

Medicaid Program; State Allotments 

for Payment of Medicare Part B 

Premiums for Qualifying Individuals: 

Federal Fiscal Year 2005 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule with 

comment period sets forth the 

methodology used to compute State 

allotments that are available to pay 

Medicare Part B premiums for 

qualifying individuals, allows changes 

to the State allotments and describes the 

methodology used to determine the 

changes to each State’s allotment. 

DATES: Effective date: These regulations 

are effective August 26, 2005 for 

allotments for payment of Medicare Part 

B premiums from the allocation for 

fiscal year 2005. 

Comment date: To be assured 

consideration, comments must be 

received at one of the addresses 

provided below, no later than 5 p.m. on 

October 25, 2005. 

ADDRESSES: In commenting, please refer 

to file code CMS–2210–IFC. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

three ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific issues 

in this regulation to http:// 

www.cms.hhs.gov/regulations/ 

ecomments. (Attachments should be in 

Microsoft Word, WordPerfect, or Excel; 

however, we prefer Microsoft Word.) 

2. By regular mail. You may mail 

written comments (one original and two 

copies) to the following address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS–2210– 

IFC, P.O. Box 8011, Baltimore, MD 

21244–8011. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments (one 

original and two copies) to the following 

address ONLY: Centers for Medicare &