Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54293 

TABLE 1.—GENERAL SUPERFUND SECTION—Continued 

State Site name City/county Notes(a)

* * * * * * * 

(a)A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (if scored, HRS score need not be ≤28.50). 

C = Sites on Construction Completion list. 

S = State top priority (included among the 100 top priority sites regardless of score). 

P = Sites with partial deletion(s). 

* * * * * 

[FR Doc. 05–18235 Filed 9–13–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Part 160 

[CMS–0010–IFC] 

RIN 0938–AM63 

Civil Money Penalties: Procedures for 

Investigations, Imposition of Penalties, 

and Hearings—Extension of Expiration 

Date 

AGENCY: Office of the Secretary, HHS. 

ACTION: Final rule. 

SUMMARY: An interim final rule 

establishing procedures for the 

imposition, by the Secretary of Health 

and Human Services, of civil money 

penalties on entities that violate 

standards adopted by the Secretary 

under the Administrative Simplification 

provisions of the Health Insurance 

Portability and Accountability Act of 

1996 (HIPAA) was published on April 

17, 2003. The interim final rule expires 

on September 16, 2005. This regulatory 

action extends the expiration date to 

March 16, 2006 to avoid the disruption 

of ongoing enforcement actions while 

HHS completes with rulemaking to 

develop a more comprehensive 

enforcement rule. 

DATES: Effective September 14, 2005, the 

expiration date of 45 CFR part 160, 

subpart E is extended from September 

16, 2005, to March 16, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Carol Conrad, (202) 690–1840. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 17, 2003, the Secretary of 

Health and Human Services published 

an interim final rule with request for 

comments. 68 FR 18895. The interim 

final rule adopted rules of procedure for 

the imposition by the Department of 

Health and Human Services (HHS) of 

civil money penalties on entities that 

violate standards and requirements 

adopted by HHS under the 

Administrative Simplification 

provisions of the Health Insurance 

Portability and Accountability Act of 

1996 (HIPAA), Pub. L. 104–191. These 

rules are codified at 45 CFR part 160, 

subpart E (subpart E). 

As corrected at 68 FR 22453 (April 28, 

2003), subpart E was scheduled to 

expire on September 16, 2004. On 

September 15, 2004, HHS published a 

final rule extending the expiration date 

for one year, to September 16, 2005. 69 

FR 55515. The final rule extended the 

original expiration date to avoid 

disruption of ongoing enforcement 

actions while HHS undertook a 

rulemaking to propose complete 

procedural and substantive provisions 

for the enforcement of the HIPAA rules 

through the imposition of civil money 

penalties, which would supersede 

subpart E. 

On April 18, 2005, HHS published a 

notice of proposed rulemaking 

proposing this complete set of 

enforcement provisions. 70 FR 20224. 

The public comment period on the 

proposed rules closed on June 17, 2005. 

HHS is currently considering the public 

comments received, but will not be able 

to issue the final rule by September 16, 

2005. Thus, in order to preserve the 

status quo with respect to enforcement 

during the pendency of the rulemaking, 

HHS is extending the expiration date of 

subpart E for an additional six months, 

to March 16, 2006. 

II. Procedural Requirements 

A. Determination To Issue Final Rule 

Extending Expiration Date Without 

Notice and Comment, To Be Effective in 

Less Than 30 Days 

As noted, HHS has proposed a rule to 

supersede subpart E. However, this 

rulemaking will not be completed by 

September 16, 2005, when the interim 

final rule that adopted subpart E is 

scheduled to expire. The resulting 

hiatus in the procedures for civil money 

penalty enforcement actions could 

create confusion for both the public and 

HHS with respect to enforcement during 

this period. Thus, HHS hereby extends 

the expiration date of subpart E to 

March 16, 2006. This action is being 

taken under HHS’s authority at 42 

U.S.C. 1302(a) and 1320d–6. 

Notwithstanding this extension, HHS 

fully expects to issue the final rule that 

will result from the pending rulemaking 

as soon as possible. However, the sixmonth extension should provide HHS 

with a period sufficient to avoid another 

extension, should unexpected 

circumstances delay the regulatory 

development process. 

The Administrative Procedure Act 

generally requires agencies to provide 

advance notice and an opportunity to 

comment on agency rulemakings. 

However, there are certain exceptions to 

this requirement. As the preamble to the 

April 17, 2003 interim final rule 

explained, subpart B sets out—

The procedures for provision by the agency 

of the statutorily required notice and hearing 

and procedures for issuing administrative 

subpoenas. Such provisions are exempted 

from the requirement for notice-andcomment rulemaking under the ‘‘rules of 

agency * * * procedure, or practice’’

exemption at 5 U.S.C. 553(b)(3)(A). 

68 FR 18897. Since this regulatory 

action does no more than extend the 

effectiveness of a rule that itself was not 

required to be issued through noticeand-comment rulemaking, the extension 

of the rule likewise comes within the 

exemption of 5 U.S.C. 553(b)(3)(A). 

Accordingly, we do not request 

comment on the extension. 

We have also determined that good 

cause exists to waive the requirement of 

publication 30 days in advance of the 

rule’s effective date under 5 U.S.C. 

553(d)(3). Since subpart E is already in 

effect, no useful purpose would be 

served in delaying the effective date of 

this action, as those entities who are 

subject to subpart E are already on 

notice of its terms. Making this 

extension effective on less than 30 days 

notice accordingly will not impose a 

burden upon anyone. In addition, to the 

extent that a delayed effective date 

occasioned a hiatus in the effectiveness 

of subpart E, it could cause the 

confusion that the extension seeks to 

avoid. Accordingly, we find good cause 

under 5 U.S.C. 553(d)(3) for not 

delaying the effective date of this action. 

54294 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

B. Review Under Procedural Statutes 

and Executive Orders 

We have reviewed this final rule 

under the following statutes and 

executive orders governing rulemaking 

procedures: The Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1501 et 

seq.; the Regulatory Flexibility Act, 5 

U.S.C. 601 et seq.; the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 801 et seq.; the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. Executive Order 12866 

(Regulatory Planning and Review), as 

amended by Executive Order 13258; and 

Executive Order 13132 (Federalism). 

Since this rule merely extends the 

expiration date of subpart E, the 

information in the compliance 

statements that we published on April 

17, 2003 with the existing rule 

continues to apply. 

List of Subjects in 45 CFR Part 160 

Administrative practice and 

procedure, Computer technology, 

Electronic transactions, Employer 

benefit plan, Health, Health care, Health 

facilities, Health insurance, Health 

records, Hospitals, Investigations, 

Medicaid, Medical research, Medicare, 

Penalties, Privacy, Reporting and record 

keeping requirements, Security. 

Dated: September 7, 2005. 

Michael O. Leavitt, 

Secretary. 

[FR Doc. 05–18254 Filed 9–13–05; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CC Docket No. 98–67 and CG Docket No. 

03–123; FCC 05–141] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Clarification. 

SUMMARY: In this document, the 

Commission concludes that two-line 

captioned telephone service is a type of 

telecommunications relay service (TRS) 

eligible for compensation from the 

Interstate TRS Fund. The Commission 

also approves the National Exchange 

Carrier Association, Inc. (NECA), the 

Interstate TRS Fund Administrator, 

proposed allocation methodology for 

determining the number of inbound 

two-line captioned telephone minutes 

that should be compensated from the 

Interstate TRS Fund. Also in this 

document, the Commission seeks 

approval from the Office of Management 

and Budget (OMB) for any Paperwork 

Reduction Act (PRA) burdens contained 

in this document that will modify OMB 

Control No. 3060–1053 to have TRS 

providers offering two-line captioned 

telephone service along with TRS 

providers offering one-line captioned 

telephone service file annual reports 

with the Commission. 

DATES: Effective October 14, 2005. 

Written comments on the PRA modified 

information collection requirements 

must be submitted by the general 

public, Office of Management and 

Budget (OMB), and other interested 

parties on or before November 14, 2005. 

ADDRESSES: You may submit PRA 

comments identified by [CG Docket No. 

03–123 and/or OMB Control Number 

3060–1053], by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• E-mail: Parties who choose to file 

by e-mail should submit their comments 

to Leslie Smith at Leslie.Smith@fcc.gov 

and to Kristy L. LaLonde at 

Kristy_L.LaLonde@omb.eop.gov. Please 

include the docket number and/or OMB 

Control number in the subject line of the 

message. 

• Mail: Parties who choose to file by 

paper should submit their comments to 

Leslie Smith, Federal Communications 

Commission, Room 1–A804, 445 12th 

Street, SW., Washington, DC 20554, and 

to Kristy L. LaLonde, OMB Desk Officer, 

Room 10234 NEOB, 725 17th Street, 

NW., Washington, DC 20503. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone (202) 418–0539 or TTY: (202) 

418–0432. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Chandler, Consumer & 

Governmental Affairs Bureau at (202) 

418–1475 (voice), (202) 418–0597 

(TTY), or e-mail 

Thomas.Chandler@fcc.gov. For 

additional information concerning the 

PRA information collection 

requirements contained in the 

document, contact Leslie Smith at (202) 

418–0217, or via the Internet at 

Leslie.Smith@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

Order contains modified information 

collection requirements subject to the 

PRA of 1995, Public Law 104–13. These 

will be submitted to OMB for review 

under section 3507 of the PRA. OMB, 

the general public, and other Federal 

agencies are invited to comment on the 

modified information collection(s) 

contained in this proceeding. This is a 

summary of the Commission’s Order, 

adopted July 14, 2005, released July 19, 

2005. Copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

The full text of the Order and copies of 

any subsequently filed documents in 

this matter will be available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. The Order and 

copies of subsequently filed documents 

in this matter may also be purchased 

from the Commission’s duplicating 

contractor, Best Copy and Printing, Inc. 

(BCPI), Portals II, 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554. 

Customers may contact BCPI at their 

Web site: www.bcpiweb.com or call 1–

800–378–3160. To request materials in 

accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

e-mail to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). This Order can also be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro. 

Paperwork Reduction Act 

The Order contains modified 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public to 

comment on the information collection 

requirements contained in the Order as 

required by the Paperwork Reduction 

Act of 1995 (PRA), Public Law 104–13. 

Public and agency comments are due 

November 14, 2005. In addition, the 

Commission notes that pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4), the Commission previously 

sought specific comment on how it 

might ‘‘further reduce the information 

collection burden for small business 

concerns with fewer than 25 

employees.’’ In this present document, 

the Commission has assessed the effects