49354 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 

Eagle Refinery Co., Oklahoma City, 

Oklahoma. A Notice of Intent to Delete 

for this Site was published in the 

Federal Register on June 13, 2008. 

The closing date for comments on the 

Notice of Intent to Delete was July 14, 

2008. One public comment was 

received. The commenter questioned 

the completeness of the response action 

based on information found in non-EPA 

Internet Web sites. EPA believes the 

deletion is appropriate, since the 

response action has been implemented, 

as documented in the Deletion Docket. 

A responsiveness summary was 

prepared and placed in the docket, 

EPA–HQ–SFUND–1986–0008, Notice 3, 

on http://www.regulations.gov, and in 

the local repositories listed above. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

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 12, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ For reasons set out in the preamble, 40 

CFR part 300 is amended as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry under 

OK for ‘‘Double Eagle Refinery Co.’’, 

‘‘Oklahoma City’’. 

[FR Doc. E8–19420 Filed 8–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0008, Notice 4; 

FRL–8706–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Deletion of the Fourth 

Street Abandoned Refinery Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 announces the 

deletion of the Fourth Street Abandoned 

Refinery Superfund Site (Site) located in 

Oklahoma City, Oklahoma, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

found at Appendix B of 40 CFR part 300 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Oklahoma, through the 

Oklahoma Department of Environmental 

Quality, have determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Effective Date: This action is 

effective August 21, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND–

1989–0008, Notice 4. All documents in 

the docket are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

U.S. EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

(214) 665–8157, by appointment only 

Monday through Friday 9 a.m. to 12 

p.m. and 1 p.m. to 4 p.m. 

Ralph Ellison Library, 2000 Northeast 

23, Oklahoma City, OK 73111, (409) 

643–5979, Monday through 

Wednesday 9 a.m. to 9 p.m., Thursday 

and Friday 9 a.m. to 6 p.m., Saturday 

10 a.m. to 4 p.m. 

Oklahoma Department of Environmental 

Quality (ODEQ), 707 North Robinson, 

Oklahoma City, Oklahoma 73101, 

(512) 239–2920, Monday through 

Friday 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Bartolome Canellas (6SF–RL), Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region 6, U.S. EPA, 

1445 Ross Avenue, Dallas, Texas 75202, 

(214) 665–6662 or 1–800–533–3508 or 

canellas.bart@epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Fourth 

Street Abandoned Refinery, Oklahoma 

City, Oklahoma. A Notice of Intent to 

Delete for this Site was published in the 

Federal Register on June 13, 2008. 

The closing date for comments on the 

Notice of Intent to Delete was July 14, 

2008. One public comment was 

received. The commenter questioned 

the completeness of the response action 

based on information found in non-EPA 

Internet Web sites. EPA believes the 

deletion is appropriate, since the 

response action has been implemented, 

as documented in the Deletion Docket. 

A responsiveness summary was 

prepared and placed in the docket, 

EPA–HQ–SFUND–1989–0008, Notice 4, 

on http://www.regulations.gov, and in 

the local repositories listed above. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

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 12, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ For reasons set out in the preamble, 40 

CFR part 300 is amended as follows: 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 49355 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry under 

OK for ‘‘Fourth Street Abandoned 

Refinery’’, ‘‘Oklahoma City’’. 

[FR Doc. E8–19419 Filed 8–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 413, and 417 

[CMS–1727–CN] 

RIN 0938–AL54 

Medicare Program; Provider 

Reimbursement Determinations and 

Appeals; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule with comment period 

published in the Federal Register on 

May 23, 2008 entitled ‘‘Provider 

Reimbursement Determinations and 

Appeals.’’

DATES: Effective Date: August 21, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Morton Marcus, (410) 786–4477. Donald 

Romano, (410) 786–1401. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E8–11227 of May 23, 2008 

(73 FR 30190), there were a number of 

typographical and technical errors that 

are identified and corrected in the 

Correction of Errors section in section 

III. of this notice. The provisions of this 

correction notice are effective as if they 

had been included in the final rule 

published on May 23, 2008. 

Accordingly, the corrections are 

effective August 21, 2008. 

II. Summary of Errors 

We note that in section III. of this 

notice, we correct a number of 

typographical and technical errors. We 

note that the following are the more 

significant corrections: 

On pages 30211 and 30250, we are 

correcting an error relating to the usage 

and filing of mandatory group appeals. 

We stated in the preamble and 

regulations text of § 405.1835(b)(4)(i) 

that a commonly-owned provider must 

state in its request for Board hearing 

that: ‘‘* * * sano other provider related 

to it by common ownership or control 

has an individual or group appeal 

pending before the Board on the same 

issue for a cost reporting period that 

falls within the same calendar year.’’

This statement was incorrect. To 

provide consistency with the 

regulations text at § 405.1837(b)(1)(i), 

the word ‘‘falls’’ needs to be replaced 

with the word ‘‘ends.’’

On page 30243, we are correcting a 

technical error in the regulations text at 

§ 405.1801(b)(2). Following the 

publication of the final rule, we 

discovered that the regulations at 

§ 405.1801(b)(2) failed to reference the 

longstanding exception at § 413.200(g). 

In the regulations text at 

§ 405.1801(b)(2), we stated that a 

nonprovider entity is not entitled to an 

intermediary hearing or a Board hearing. 

(We discussed this issue in the 

preamble to the proposed rule 

published on June 25, 2004 (69 FR 

35721).) However, the current text at 

§ 413.200(g) reflects that an OPO (organ 

procurement organization) or 

histocompatibility laboratory is entitled 

to an intermediary hearing in 

accordance with the intermediary 

hearing procedures contained in subpart 

R. While OPOs (formerly referred to as 

organ procurement agencies or OPAs ) 

and histocompatibility laboratories are 

nonprovider entities and not entitled to 

a hearing under section 1878 of the Act, 

they have always been an exception to 

the rule with respect to intermediary 

hearings and historically have received 

intermediary hearings under subpart R 

of the regulations. (See December 14, 

1978, 43 FR 58370 through 58371, 

referencing the legislative history of 

Public Law 95–292 that Congress 

intended to provide an intermediary 

hearing for the OPOs and 

histocompatibility laboratories, and S. 

Rep. No. 95–714, 95th Cong. 2d Sess., 

12–13 (1978); H. Rep. No. 95–549, 95th 

Cong. 1st Sess. 14 (1977)). We wanted 

to assure OPOs that they will continue 

to have intermediary hearing rights as 

they have always had in the past. 

Therefore, we are correcting 

§ 405.1801(b)(2) by adding a reference to 

the exception for OPOs and 

histocompatibility laboratories at 

§ 413.200(g) and thus clarifying that 

OPO hearing rights do not derive from 

section 1878 of the Act. 

On page 30263, we are correcting an 

error in the regulations text for 

§ 405.1875(d). In the final rule, we 

inadvertently included the sentence 

‘‘[T]he Administrator does not consider 

any communication that does not meet 

these requirements or is not submitted 

with the required time limits’’ as the last 

sentence of paragraph (d)(3)(ii). 

However this statement is applicable to 

all of the provisions of paragraph (d). 

Therefore, we have removed the 

sentence from paragraph (d)(3)(ii) and 

after changing the word ‘‘these’’ to ‘‘the 

following’’ have added the sentence to 

the introductory text of paragraph (d). 

We also note that the May 23, 2008 

final rule referenced a First Circuit 

Court of Appeals decision, 

MaineGeneral Medical Center v. 

Shalala, 205 F. 3d 493 (1st Cir. 2000). 

In a number of instances throughout the 

preamble of the final rule, we 

misspelled ‘‘MaineGeneral’’ as ‘‘Maine 

General.’’ We are acknowledging these 

errors without specifically itemizing 

each error in the Correction of Errors 

section of this notice. 

III. Correction of Errors 

In FR Doc. E8–11227 of May 23, 2008 

(73 FR 30190), make the following 

corrections: 

A. Correction of Errors in the Preamble 

1. On page 30192, second column, 

second paragraph, line 3, the phrase, 

‘‘CMS Reviewing official procedure’’ is 

corrected to read ‘‘CMS reviewing 

official procedure.’’

2. On page 30197, third column, 

a. First partial paragraph, line 4, the 

phrase ‘‘are more appropriately borne by 

fiscal intermediaries’’ is corrected to 

read ‘‘are more appropriately borne by 

intermediaries.’’

b. First full paragraph, lines 9 through 

11, the phrase ‘‘In Maine General 

Medical Center v. Shalala, 205 F. 3d 493 

(1st Cir. 2000), the majority’’ is 

corrected to read ‘‘In MaineGeneral, the 

majority.’’

3. On page 30206, first column, 

second paragraph, line 19, the phrase 

‘‘determinations are governed’’ is 

corrected to read ‘‘determinations is 

governed.’’

4. On page 30208, first column, fourth 

paragraph, line 17, the phrase ‘‘Rather, 

we believe that intermediary officers’’ is 

corrected to read ‘‘Rather, we believe 

that intermediary hearing officers.’’

5. On page 30211, first column, first 

partial paragraph, line 32, the phrase ‘‘a 

cost reporting period that falls within’’

is corrected to read ‘‘a cost reporting 

period that ends within.’’

6. On page 30214, second column, 

first full paragraph, paragraph heading, 

‘‘K. Expediting Judicial Review 

(§ 405.1842)’’ is corrected to read ‘‘K. 


sroberts on PROD1PC70 with RULES