52018 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 

Neva Watson, 

Attorney, Legislative. 

[FR Doc. 05–17378 Filed 8–31–05; 8:45 am] 

BILLING CODE 7710–12–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7964–2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final 

deletion of the Jones Sanitation 

Superfund Site from the National 

Priorities List. 

SUMMARY: On July 7, 2005, the 

Environmental Protection Agency 

(EPA), Region 2, published a direct final 

deletion (70 FR 129) to delete the Jones 

Sanitation Superfund Site (Site), located 

in Hyde Park, New York, from the 

National Priorities List (NPL). The EPA 

is withdrawing this final action due to 

adverse comments received during the 

public comment period. After 

consideration of the comments received, 

if appropriate, EPA will publish a notice 

of deletion in the Federal Register based 

on the parallel notice of proposed 

deletion (70 FR 129) dated July 7, 2005 

and place a copy of the final deletion 


ER01SE05.085</GPH>
Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 52019 

package, including a Responsiveness 

Summary in the Site repositories. 

DATES: The direct final action published 

on July 7, 2005, at 70 FR 129, is 

withdrawn as of September 1, 2005. 

ADDRESSES: Comprehensive information 

on the Site, as well as the comments 

that were received during the comment 

period are available through the public 

docket contained at: U.S. Environmental 

Protection Agency, Region 2, Superfund 

Records Center, 290 Broadway, 20th 

Floor, New York, New York 10007–

1866, (212) 637–4308. Hours: 9 a.m. to 

5 p.m., Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Isabel Rodrigues, Remedial Project 

Manager, U.S. EPA Region 2, 290 

Broadway, 20th Floor, New York, New 

York 10007–1866, (212) 637–4248; Fax 

Number (212) 637–4284; E-mail address: 

Rodrigues.Isabel@EPA.GOV. 

SUPPLEMENTARY INFORMATION: 

Comprehensive information about the 

Site is available for viewing and copying 

at the Site information repositories 

located at: 

U.S. Environmental Protection Agency, 

Region 2, Superfund Records Center, 

290 Broadway, Room 1828, New 

York, New York 10007–1866, (212) 

637–4308. Hours: 9 a.m. to 5 p.m., 

Monday through Friday; by 

appointment 

and, 

Hyde Park Free Public Library, 2 Main 

Street, Hyde Park, NY 12538. Hours: 

9 a.m. to 8 p.m., Monday and 

Tuesday; 12 to 8 p.m., Wednesday 

and Thursday; 9 a.m. to 2 p.m., 

Saturday. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 19, 2005. 

Dore Laposta, 

Acting Regional Administrator, Region II. 

[FR Doc. 05–17435 Filed 8–31–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 403 

[CMS–4063–F] 

RIN 0938–AN97 

Medicare Program; Medicare 

Prescription Drug Discount Card; 

Revision of Marketing Rules for 

Endorsed Drug Card Sponsors 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule will revise the 

current limitations prohibiting an 

endorsed drug card sponsor from 

marketing its Part D plans to its drug 

card enrollees. This revised rule will 

give the current drug card sponsors the 

ability to market to their enrollees Part 

D plans that are either offered by the 

same endorsed drug card sponsor or an 

affiliated organization of the same 

endorsed drug card sponsor. We are 

making these changes after considering 

the public comments received regarding 

the need to ensure a smooth transition 

from the drug card to the Medicare 

Prescription Drug Benefit. 

DATES: Effective Date: These regulations 

are effective on October 1, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Shapiro, (410) 786–7407. 

SUPPLEMENTARY INFORMATION: 

Availability of Final Rule 

Electronic Copies: An electronic copy 

of this document may be downloaded 

using a modem and suitable 

communications software. Internet users 

may reach CMS’s Web page at 

• http://www.cms.hhs.gov/ 

regulations; 

• http://www.regulations.gov; or 

• http://www.gpoaccess.gpo/nara/ 

index.html. 

Order Copies: To order copies of the 

Federal Register containing this 

document, send your request to: New 

Orders, Superintendent of Documents, 

P.O. Box 371954, Pittsburgh, PA 15250–

7954. 

Specify the date of the issue requested 

and enclose a check or money order 

payable to the Superintendent of 

Documents, or enclose your Visa or 

Master Card number and expiration 

date. Credit card orders can also be 

placed by calling the order desk at (202) 

512–1800 (or toll-free at 1–888–293–

6498) or by faxing to (202) 512–2250. 

The cost for each copy is $10. 

Photocopies: As an alternative, you 

can view and photocopy the Federal 

Register document at most libraries 

designated as Federal Depository 

Libraries and at many other public and 

academic libraries throughout the 

country that receive the Federal 

Register. 

I. Background 

The Medicare drug discount card 

program was established by section 101, 

subpart 4, of the Medicare Prescription 

Drug, Improvement, and Modernization 

Act of 2003 and is codified in section 

1860D–31 of the Social Security Act (the 

‘‘Act’’). On December 15, 2003, in 

accordance with section 105(c)(1)(C) of 

the Act, we published the interim final 

rule with comment period (hereafter 

referred to as ‘‘interim final rule’’) for 

the Medicare drug discount card 

program on December 15, 2003 (68 FR 

69840). 

The interim final rule at § 403.813(a) 

addresses marketing limitations 

applicable to endorsed discount card 

sponsors in accordance with section 

1860D–31(h)(7)(B) of the Act. Under 

these marketing limitations, an 

endorsed sponsor may only market 

those products and services offered 

under its endorsed program that are 

inside the scope of endorsement and 

permitted under the HIPAA Privacy 

Rule. 

After considering the public 

comments on these issues we agree with 

the commenters that this policy does 

not comply with the intent of the 

Medicare Modernization Act which 

directs the Secretary to facilitate 

efficient enrollment into Part D plans. 

This final rule allows an endorsed card 

sponsor to market information to its 

Medicare drug card enrollees 

concerning its Part D plans offered by 

the endorsed card sponsor or an 

affiliated organization. This change will 

increase Medicare beneficiaries’

awareness and knowledge of Part D 

plans, thereby facilitating a smooth 

transition from the Medicare 

Prescription Drug Discount Card 

Program to the Medicare Prescription 

Drug Benefit. 

Requirements for Issuance of 

Regulations 

Section 902 of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA) 

amended section 1871(a) of the Act and 

requires, in part, that the Secretary, in 

consultation with the Director of the 

Office of Management and Budget 

establish and publish timelines for the 

publication of Medicare final 

regulations based on the previous