Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations 68075 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 26, 2007. 

William Rice, 

Acting Regional Administrator, Region 7. 

■ Chapter I, Title 40 of the Code of 

Federal Regulations 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 AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising the entry for 

10–6.300 under Chapter 6 to read as 

follows: 

§ 52.1320 Identification of Plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri 

citation Title State effective date 

EPA approval date Explanation 

Missouri Department of Natural Resources 

* * * * * * * 

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri 

* * * * * * * 

10–6.300 ................................... Conformity of General Federal Actions to State Implementation Plans.9/30/07 12/04/07 

[insert FR 

page number where 

the document begins]. 

* * * * * * * 

* * * * * 

[FR Doc. E7–23484 Filed 12–3–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–R04–SFUND–2007–0719; FRL–8501–

8] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final notice of deletion of 

the Standard Auto Bumper Site from the 

National Priorities List; correction. 

SUMMARY: This document corrects the 

direct final notice of deletion of the 

Standard Auto Bumper Site from the 

National Priorities List, published in the 

Federal Register of August 27, 2007. 

This correction clarifies that all 

Institutional Controls (ICs) are in place 

and recorded at the site. 

DATES: Effective December 4, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Michael Taylor, Remedial Project 

Manager, Superfund Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960, Phone: 

(404) 562–8762, Electronic Mail: 

taylor.michael@epa.gov 

Correction 

In the direct final notice of deletion 

FRL–8458–7, beginning on page 48942 

in the issue of August 27, 2007, make 

the following correction in the Basis for 

Site Deletion section, under Response 

Actions. On page 48945 in the second 

column, the first paragraph is corrected 

to read as follows: 

All institutional controls (ICs) are in place 

and recorded at the site. All appropriate 

Fund-financed response under CERCLA has 

been implemented. No further response 

action is necessary. 

Dated: November 13, 2007. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4. 

[FR Doc. E7–23499 Filed 12–3–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 411 and 424 

[CMS–1810–CN2] 

RIN 0938–AK67 

Medicare Program, Physicians’

Referrals to Health Care Entities With 

Which They Have Financial 

Relationships (Phase III), Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical and typographical errors that 

appeared in the final rule published in 

the Federal Register on September 5, 

2007 entitled ‘‘Medicare Program, 

Physicians’’ Referrals to Health Care 

Entities With Which They Have 

Financial Relationships (Phase III).’’

DATES: Effective Date: December 4, 2007. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Ohrin, (410) 786–4565. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 07–4252 of September 5, 

2007 (72 FR 51012), there were a 


sroberts on PROD1PC70 with RULES
68076 Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations 

number of technical and typographical 

errors that are identified and corrected 

in the Correction of Errors section 

below. The provisions of this correction 

notice are effective as if they had been 

included in the final rule published 

September 5, 2007. Accordingly, the 

corrections are effective December 4, 

2007. 

II. Correction of Errors 

In FR Doc. 07–4252 of September 5, 

2007 (72 FR 51012), make the following 

corrections: 

A. Corrections to the Preamble 

1. On page 51016, 3rd column, 2nd 

full paragraph, lines 18 and 19, the 

phrase ‘‘productivity bonus or profit 

share consistent with the special rules’’

is corrected to read ‘‘productivity bonus 

consistent with the special rules’’. 

2. On page 51018, 1st column, 3rd full 

paragraph, line 11, the phrase ‘‘other 

entity.’’ is corrected to read ‘‘other 

entity).’’. 

3. On page 51019, 

a. First column, 1st partial paragraph, 

(1) Line 6, the phrase ‘‘proposed 

rulemaking, we proposed to’’ is 

corrected to read, ‘‘proposed rulemaking 

(72 FR 42628), we proposed to’’. 

(2) Line 11, the phrase ‘‘ services’, ’’

is corrected to read ‘‘ services,’ ’’. 

b. Third column, 1st full paragraph, 

line 12 the phrase ‘‘personally refills an 

implanted pump ‘‘is corrected to read 

‘‘personally refills an implantable 

pump’’. 

4. On page 51021, 2nd column, 1st 

partial paragraph, line 2, the phrase 

‘‘requirements of a consultation) are 

not’’ is corrected to read ‘‘requirements 

of a consultation) is not’’. 

5. On page 51024, 3rd column, 1st 

partial paragraph, line 46, the phrase 

‘‘every 3-years’’ is corrected to read 

‘‘every 3 years’’. 

6. On page 51025, 2nd column, 2nd 

full paragraph, lines 13 and 14, the 

phrase ‘‘current 90-days’’ is corrected to 

read ‘‘current 90 days’’. 

7. On page 51028, 1st column, 

a. First full paragraph, lines 21 and 

22, the phrase ‘‘such arrangements 

would have been analyzed under the 

as’’ is corrected to read ‘‘such 

arrangements would have been analyzed 

as’’. 

b. Second full paragraph, line 24, the 

phrase ‘‘market value arrangement) 

under’’ is corrected to read ‘‘market 

value compensation arrangement) 

under’’. 

8. On page 51032, 3rd column, 

a. First full paragraph, line 3, the 

phrase ‘‘at least 8 hour’’ is corrected to 

read ‘‘at least 8 hours’’. 

b. Fifth paragraph, lines 8 and 9, the 

phrase ‘‘The in-office ancillary 

exception’’ is corrected to read ‘‘The inoffice ancillary services exception’’. 

9. On page 51033, 2nd column, 1st 

full paragraph, lines 11 and 12, the 

phrase ‘‘ordering, or by a member of the 

group practice when furnished,’’ with 

‘‘ordering the DHS, or by a member of 

the group practice when the DHS is 

furnished,’’. 

10. On page 51035, 1st column, 4th 

paragraph, line 14, the phrase ‘‘group 

practice; or by an entity that is’’ is 

corrected to read ‘‘group practice; or an 

entity that is’’. 

11. On page 51037, 1st column, 1st 

partial paragraph, lines 4 and 5, the 

phrase ‘‘furnished by the academic 

medical center’’ is corrected to read 

‘‘furnished by the academic medical 

center as the result of a referral from 

that physician’’. 

12. On page 51043, 1st column, 3rd 

full paragraph, lines 4 and 5, the 

citation ‘‘(69 FR 16084–81605)’’ is 

corrected to read ‘‘(69 FR 16084–

16085)’’. 

13. On page 51050, 3rd column, 2nd 

full paragraph, lines 4 through 7, the 

phrase ‘‘people reside in the ‘‘hole’’ zip 

code, the hospital may recruit a 

physician to establish a practice into the 

‘‘hole’’ zip code.’’ is corrected to read 

‘‘inpatients reside in the ‘‘hole’’ zip 

code, the hospital may recruit a 

physician to establish a practice in the 

‘‘hole’’ zip code’’. 

14. On page 51055, 1st column, 1st 

partial paragraph, line 23, the phrase 

‘‘within 6-months’’ is corrected to read 

‘‘within 6 months’’. 

15. On page 51058, 

a. First column, 4th paragraph, 

(1) Line 13, the figure ‘‘CY–2005’’ is 

corrected to read ‘‘CY 2005’’

(2) Line 14, the phrase ‘‘CY–2006, and 

$329 for CY–2007.’’ is corrected to read 

‘‘CY 2006, and $329 for CY 2007.’’. 

b. Third column, 1st full paragraph, 

line 2, the figure ‘‘CY–2007)’’ is 

corrected to read ‘‘CY 2007)’’. 

16. On page 51062, 3rd column, first 

full paragraph, 

a. Lines 26 through 32, the phrase 

‘‘created by virtue of the ownership 

interest that does not meet an 

ownership exception (which, thus, 

creates a compensation arrangement), in 

the chain of relationships that runs: 

hospital-radiology venture-physicians.’’

is corrected to read ‘‘created by virtue of 

the chain of relationships that runs: 

hospital (contracts with) radiology 

venture (owned by) physicians.’’

b. Lines 36 through 38, the phrase 

‘‘With respect to the second indirect 

compensation arrangement, the inquiry 

would be whether the compensation’’ is 

corrected to read ‘‘The inquiry would be 

whether the compensation’’. 

17. On page 51063, second column, 

third full paragraph, line 16, the citation 

‘‘§ 411.355(q)’’ is corrected to read 

‘‘§ 411.357(q)’’. 

18. On page 51064, 1st column, fourth 

full paragraph, lines 2 and 3, the phrase 

‘‘the entitys bona fide medical staff or in 

the entitys local’’ is corrected to read 

‘‘the entity’s bona fide medical staff or 

in the entity’s local’’. 

19. On page 51066, 2nd column, 1st 

full paragraph, lines 23 through 28, the 

sentence ‘‘(We note that the exception 

for retention payments applies to 

federally qualified health centers and 

rural health clinics in the same manner 

as it applies to hospitals.)’’ is corrected 

to read ‘‘(We note that the exception for 

retention payments applies to 

remuneration provided by federally 

qualified health centers and rural health 

clinics in the same manner as it applies 

to remuneration provided by 

hospitals.)’’. 

20. On page 51068, 1st column, the 

section heading ‘‘U. Community-Wide 

Health Information System’’ is corrected 

to read ‘‘U. Community-Wide Health 

Information Systems’’. 

B. Corrections to the Regulations Text 

1. On page 51087, 3rd column, 3rd 

full paragraph, lines 8 through 11, the 

phrase ‘‘For purposes of applying the 

exceptions in § 411.355 and § 411.357 to 

arrangements described in paragraphs 

(c)(1)(i) and (c)(2)(i),’’ is corrected to 

read ‘‘For purposes of applying the 

exceptions in § 411.355 and § 411.357 to 

arrangements in which a physician 

stands in the shoes of his or her 

physician organization,’’. 

2. On page 51091, 1st column, 9th full 

paragraph, line 5, the phrase ‘‘claims 

submission;’’ is corrected to read 

‘‘claims submission.’’

3. On page 51093, 2nd column, 9th 

full paragraph, lines 2 through 4, the 

phrase ‘‘paragraph (e)(1) is also signed 

by the party to whom the payments are 

directly made.’’ is corrected to read 

‘‘paragraph (e)(1) is also signed by the 

physician practice.’’

4. On page 51094, 2nd column, 8th 

full paragraph, line 5, the phrase 

‘‘specifically addressed by another’’ is 

corrected to read ‘‘specifically excepted 

by another’’. 

5. On page 51096, 2nd column, 

a. Eleventh paragraph, 1st line, the 

phrase ‘‘(C) A certification that the 

future’’ is corrected to read ‘‘(C) A 

statement that the future’’. 

b. Twelfth paragraph, line 2, the 

phrase ‘‘anticipates relocating his or 

medical’’ is corrected to read 

‘‘anticipates relocating his or her 

medical’’. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations 68077 

II. Waiver of Proposed Rulemaking and 

30-Day Delay in the Effective Date 

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 in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

Therefore, for reasons noted below, 

we find good cause to waive proposed 

rulemaking and the 30-day delayed 

effective date for the corrections in this 

notice. This notice merely corrects 

typographical and technical errors in 

the preamble and regulations text of the 

September 5, 2007 final rule and does 

not make substantive changes to the 

policies that were adopted in the final 

rule. Therefore, we find that 

undertaking further notice and comment 

procedures to incorporate these 

corrections into the final rule and 

delaying the effective date of these 

changes is unnecessary and contrary to 

the public interest. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance, and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: November 27, 2007. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 07–5905 Filed 11–30–07; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 431, 440, and 441 

[CMS–2237–IFC] 

RIN 0938–AO50 

Medicaid Program; Optional State Plan 

Case Management Services 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule with 

comment period revises current 

Medicaid regulations to incorporate 

changes made by section 6052 of the 

Deficit Reduction Act of 2005. In 

addition, it incorporates provisions of 

the Consolidated Omnibus Budget 

Reconciliation Act of 1985, the 

Omnibus Budget Reconciliation Act of 

1986, the Tax Reform Act of 1986, the 

Omnibus Budget Reconciliation Act of 

1987, and the Technical and 

Miscellaneous Revenue Act of 1988, 

concerning case management and 

targeted case management services. This 

interim final rule with comment period 

will provide for optional coverage of 

case management services or targeted 

case management services furnished 

according to section 1905(a)(19) and 

section 1915(g) of the Social Security 

Act. This interim final rule with 

comment period clarifies the situations 

in which Medicaid will pay for case 

management activities and also clarifies 

when payment will not be consistent 

with proper and efficient operation of 

the Medicaid program, and is not 

available. 

DATES: Effective Date: The effective date 

of this rule is March 3, 2008. 

Comment date: To be assured 

consideration, comments must be 

received at one of the addresses 

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

February 4, 2008. 

ADDRESSES: In commenting, please refer 

to file code CMS–2237–IFC. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific issues 

in this regulation to http:// 

www.cms.hhs.gov/eRulemaking. Click 

on the link ‘‘Submit electronic 

comments on CMS regulations with an 

open comment period.’’ (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–2237–

IFC, P.O. Box 8016, Baltimore, MD 

21244–8016. 

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 & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–2237–IFC, Mail Stop C4–26–05, 

7500 Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments (one original 

and two copies) before the close of the 

comment period to one of the following 

addresses. If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786–

7195 in advance to schedule your 

arrival with one of our staff members. 

Room 445–G, Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201; or 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

(Because access to the interior of the 

HHH Building is not readily available to 

persons without Federal Government 

identification, commenters are 

encouraged to leave their comments in 

the CMS drop slots located in the main 

lobby of the building. A stamp-in clock 

is available for persons wishing to retain 

a proof of filing by stamping in and 

retaining an extra copy of the comments 

being filed.) 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: Jean 

Close, (410) 786–5831. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments: We welcome 

comments from the public on all issues 

set forth in this rule to assist us in fully 

considering issues and developing 

policies. You can assist us by 

referencing the file code CMS–2237–IFC 

and the specific ‘‘issue identifier’’ that 

precedes the section on which you 

choose to comment. 


sroberts on PROD1PC70 with RULES