6014 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices 

II. Provisions of the Notice 

The purpose of this notice is to notify 

the public that the OIG has informed us 

of their need for additional information 

before the provision may be used and 

implemented to reduce monthly 

payment amounts for oxygen and 

oxygen equipment, based on the 

percentage difference between 

Medicare’s 2002 monthly payment 

amounts for each State and the median 

2002 Federal Employee Health Benefit 

plan price reported by the OIG. 

III. Collection of Information 

Requirements 

This document does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995. 

IV. Regulatory Impact Statement 

We have examined the impact of this 

notice as required by Executive Order 

12866 (September 1993, Regulatory 

Planning and Review), the Regulatory 

Flexibility Act (RFA) (September 19, 

1980, Pub. L. 96–354), section 1102(b) of 

the Social Security Act, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4), and Executive Order 13132. 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). A regulatory impact 

analysis (RIA) must be prepared for 

major rules with economically 

significant effects ($100 million or more 

in any 1 year). This notice does not 

reach the economic threshold and thus 

is not considered a major rule. 

The RFA requires agencies to analyze 

options for regulatory relief of small 

businesses. For purposes of the RFA, 

small entities include small businesses, 

nonprofit organizations, and 

government agencies. Most hospitals 

and most other providers and suppliers 

are small entities, either by nonprofit 

status or by having revenues of $6 

million to $29 million in any 1 year. 

Individuals and States are not included 

in the definition of a small entity. We 

are not preparing an analysis for the 

RFA because we have determined that 

this notice will not have a significant 

economic impact on a substantial 

number of small entities. In addition, 

section 1102(b) of the Act requires us to 

prepare a regulatory impact analysis if 

a rule may have a significant impact on 

the operations of a substantial number 

of small rural hospitals. This analysis 

must conform to the provisions of 

section 604 of the RFA. For purposes of 

section 1102(b) of the Act, we define a 

small rural hospital as a hospital that is 

located outside of a Metropolitan 

Statistical Area and has fewer than 100 

beds. We are not preparing an analysis 

for section 1102(b) of the Act because 

we have determined that this notice will 

not have a significant impact on the 

operations of a substantial number of 

small rural hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 also 

requires that agencies assess anticipated 

costs and benefits before issuing any 

rule that may result in expenditure in 

any 1 year by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $110 million. This 

notice will have no consequential effect 

on the governments mentioned or on the 

private sector. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

Since this regulation does not impose 

any costs on State or local governments, 

the requirements of E.O. 13132 are not 

applicable. 

In accordance with the provisions of 

Executive Order 12866, this document 

was not reviewed by the Office of 

Management and Budget.

Authority: Section 302(c) of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA).

(Catalog of Federal Domestic Assistance 

Program No. 93.774, MedicareSupplemental Medical Insurance 

Program)

Dated: January 19, 2005. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services.

[FR Doc. 05–2176 Filed 2–3–05; 8:45 am] 

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1366–N] 

Medicare Program; Meeting of the 

Practicing Physicians Advisory 

Council—March 7, 2005

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS.

ACTION: Notice.

SUMMARY: In accordance with section 

10(a) of the Federal Advisory Committee 

Act, this notice announces a meeting of 

the Practicing Physicians Advisory 

Council (the Council). The Council will 

be meeting to discuss certain proposed 

changes in regulations and carrier 

manual instructions related to 

physicians’ services, as identified by the 

Secretary of the Department of Health 

and Human Services (the Secretary). 

This meeting is open to the public.

DATES: The meeting is scheduled for 

Monday, March 7, 2005, from 8:30 a.m. 

until 5 p.m. e.s.t.

ADDRESSES: The meeting will be held in 

Room 705A 7th floor, in the Hubert H. 

Humphrey Building, 200 Independence 

Avenue, SW., Washington, DC 20201. 

Meeting Registration: Persons wishing 

to attend this meeting must contact John 

P. Lanigan, the Designated Federal 

Official (DFO) by e-mail at 

JLanigan@cms.hhs.gov or by telephone 

at (410) 786–2312, at least 72 hours in 

advance of the meeting to register. 

Persons not registered in advance will 

not be permitted to enter the Hubert H. 

Humphrey Building and will not be 

permitted to attend the Council meeting. 

Persons attending the meeting will be 

required to show a photographic 

identification, preferably a valid driver’s 

license, before entering the building.

FOR FURTHER INFORMATION CONTACT:

Kenneth Simon, M.D., Executive 

Director, Practicing Physicians Advisory 

Council, 7500 Security Blvd., Mail Stop 

C4–10–07, Baltimore, MD, 21244–1850, 

telephone (410) 786–2312,or e-mail 

Ksimon@cms.hhs.gov. News media 

representatives must contact the CMS 

Press Office, (202) 690–6145. Please 

refer to the CMS Advisory Committees 

Information Line (1–877–449–5659 toll 

free)/(410)786–9379 local) or the 

Internet at http://www.cms.hhs.gov/ 

faca/ppac/default.asp for additional 

information and updates on committee 

activities.

SUPPLEMENTARY INFORMATION: The 

Secretary is mandated by section 

1868(a) of the Social Security Act (the 

Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices 6015

Act) to appoint a Practicing Physicians 

Advisory Council (the Council) based 

on nominations submitted by medical 

organizations representing physicians. 

The Council meets quarterly to discuss 

certain proposed changes in regulations 

and carrier manual instructions related 

to physicians’ services, as identified by 

the Secretary. To the extent feasible and 

consistent with statutory deadlines, the 

consultation must occur before 

publication of the proposed changes. 

The Council submits an annual report 

on its recommendations to the Secretary 

and the Administrator of the Centers for 

Medicare & Medicaid Services no later 

than December 31st of each year. 

The Council consists of 15 physicians, 

each of whom must have submitted at 

least 250 claims for physicians’ services 

under Medicare in the previous year. 

Members of the Council include both 

participating and nonparticipating 

physicians, and physicians practicing in 

rural and underserved urban areas. At 

least 11 members of the Council must be 

physicians as described in section 

1861(r)(1) of the Act; that is, Statelicensed doctors of medicine or 

osteopathy. The remaining 4 members 

may include dentists, podiatrists, 

optometrists and chiropractors. 

Members serve for overlapping 4-year 

terms; terms of more than 2 years are 

contingent upon the renewal of the 

Council by appropriate action prior to 

its termination. Section 1868(a)(1) of the 

Act provides that nominations to the 

Secretary for Council membership must 

be made by medical organizations 

representing physicians.

The Council held its first meeting on 

May 11, 1992. The current members 

are—Jose Azocar, M.D.; James Bergeron, 

M.D.; Ronald Castellanos, M.D.; Rebecca 

Gaughan, M.D.; Peter Grimm, D.O.; 

Carlos R. Hamilton, M.D.; Dennis K. 

Iglar, M.D.; Joe Johnson, D.C.; 

Christopher Leggett, M.D.; Barbara 

McAneny, M.D.; Geraldine O’Shea, 

D.O.; Laura B. Powers, M.D.; Michael T. 

Rapp, M.D. (Chairperson); Anthony 

Senagore, M.D.; and Robert L. Urata, 

M.D. 

The meeting will commence with the 

swearing-in of three Council members. 

The Council’s Executive Director will 

give a status report and the CMS 

responses to the recommendations made 

by the Council at the November 22, 

2004 meeting and prior meeting 

recommendations. Additionally, 

updates will be provided on the CMS 

Report to the Congress on Contractor 

Reform, and the Physician Regulatory 

Issues Team. In accordance with the 

Council charter, CMS is requesting 

assistance with the following agenda 

topics: 

• Pay for Performance Initiatives. 

• Competitive Bidding on Drugs. 

• Physician Regulation Proposed 

Rule; and 

• Medicare Prescription Drug Benefit: 

CMS’ Physician Education Plan. 

For additional information and 

clarification on these topics, contact the 

Executive Director, listed under the FOR

FURTHER INFORMATION CONTACT section of 

this notice. Individual physicians or 

medical organizations that represent 

physicians wishing to make a 5-minute 

oral presentation on agenda issues must 

contact the Executive Director by 12 

noon (e.s.t.) on February 18, 2005, to be 

scheduled. Testimony is limited to 

agenda topics only. The number of oral 

presentations may be limited by the 

time available. A written copy of the 

presenter’s oral remarks must be 

submitted to John P. Lanigan, 

Designated Federal Official (DFO), no 

later than 12 noon (e.s.t) on February 18, 

2005, for distribution to Council 

members for review prior to the 

meeting. Physicians and medical 

organizations not scheduled to speak 

may also submit written comments to 

the DFO for distribution at the same 

times as listed for oral presentations. 

The meeting is open to the public, but 

attendance is limited to the space 

available. 

Special Accommodations: Individuals 

requiring sign language interpretation or 

other special accommodation must 

contact John P. Lanigan by e-mail at 

JLanigan@cms.hhs.gov or by telephone 

at (410) 786–2312 at least 10 days before 

the meeting.

Authority: (Section 1868 of the Social 

Security Act (42 U.S.C. 1395ee) and section 

10(a) of Pub. L. 92–463 (5 U.S.C. App. 2, 

section 10(a).)

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program)

Dated: January 31, 2005. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services.

[FR Doc. 05–2175 Filed 2–3–05; 8:45 am] 

BILLING CODE 4120–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES

Food and Drug Administration

Conference Grants to Support State 

Food Safety Task Force Meetings; 

Availability of Funds Grants; Request 

for Applications; Correction

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Notice.

The Food and Drug Administration 

(FDA) is correcting notice document 04–

14395 beginning on page 35651 in the 

issue of Friday, June 25, 2004, by 

making the following corrections:

On page 35651 in the second column, 

the DATES section is corrected to read: 

‘‘DATES: The application receipt date for 

new applications is March 15, 2005. The 

application receipt date for new 

applications for each subsequent year 

this program is in effect will be March 

15.’’

On page 35651, in the second column, 

the ‘‘ADDRESSES’’ section should read: 

‘‘ADDRESSES: FDA is accepting new 

applications for this program 

electronically via Grants.gov.; 

applicants are strongly encouraged to 

apply electronically by visiting the Web 

site http://www.grants.gov. and 

following the instructions under 

‘‘APPLY.’’ The applicant must register 

in the Central Contractor Registration 

(CCR) database in order to be able to 

submit the application.’’

Information about CCR is available at 

http://www.grants.gov/CCRRegister. The 

applicant must register with the 

Credential Provider for Grants.gov.

Information about this requirement is 

available at http://www.grants.gov/

CredentialProvider. If it is necessary for 

applicants to submit applications other 

than through the electronic process, 

application forms are available from, 

and completed applications should be 

submitted to Michelle Caraffa, Division 

of Contracts and Grants Management 

(HFA–500), Food and Drug 

Administration, 5600 Fishers Lane, rm. 

2129, Rockville, MD 20857, 301–827–

7025, e-mail: mcaraffa@oc.fda.gov. 

Application forms PHS 5161–1 are 

available via the Internet at: http://

www.psc.gov/forms (Revised 7/00). 

Applications handcarried or 

commercially delivered should be 

addressed to 5630 Fishers Lane (HFA–

500), rm. 2129, Rockville, MD 20857. 

An application not received in time for 

orderly processing will be returned to 

the applicant without consideration.

On page 35651, beginning in the 

second column, ‘‘FOR FURTHER

INFORMATION CONTACT’’ should read: