51260 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Proposed Rules 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address: Roberto Morales, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Mail Code C404–02, 

Research Triangle Park, NC 27711, 

telephone (919) 541–0880, e-mail at 

morales.roberto@epa.gov, Attention: 

Docket ID No. OAR–2007–0562. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

II. Background 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in Clean 

Air Act (CAA) Section 107(d) (42 U.S.C. 

7407). Following the promulgation of a 

new or revised standard, each Governor 

or Tribal Leader has an opportunity to 

recommend air quality designations, 

including the appropriate boundaries 

for nonattainment areas, to EPA. EPA 

considers these recommendations as 

part of its duty to promulgate the formal 

area designations and boundaries for the 

new or revised standards. By no later 

than 120 days prior to promulgating 

designations, EPA is required to notify 

states or tribes of any intended 

modification to an area designation or 

boundary recommendation that EPA 

deems necessary. On or around August 

19 and 20, 2008, EPA notified states and 

tribes of its intended area designations 

for the 2006 24-hour PM2.5 NAAQS. 

States and tribes now have an 

opportunity to demonstrate why they 

believe a modification proposed by EPA 

may be inappropriate. In these 

responses, EPA encourages states and 

tribes to provide comments and 

additional information for consideration 

by EPA in finalizing designations. EPA 

plans to make final designation 

determinations for the 2006 24-hour 

PM2.5 NAAQS by December 18, 2008. 

The purpose of this notice is to solicit 

public comments from interested parties 

other than states and tribes on EPA’s 

recent responses to the state and tribal 

designation recommendations for the 

2006 24-hour PM2.5 NAAQS. CAA 

Section 107(d) provides a process for 

designations that involves 

recommendations by states and tribes to 

EPA and responses from EPA to those 

parties, prior to EPA promulgating final 

designations and boundaries. EPA is not 

required under CAA Section 107(d) to 

seek public comment during the 

designation process, but is electing to do 

so for the 2006 24-hour PM2.5 NAAQS 

in order to gather additional information 

for EPA to consider before making final 

designations. EPA invites public 

comment on its responses to states and 

tribes during the 30-day comment 

period provided in this notice. Due to 

the statutory timeframe for 

promulgating designations set out in 

CAA Section 107(d), EPA will not be 

able to consider any comments 

submitted after October 2, 2008, 

notwithstanding what may have 

appeared in any state-specific 

announcements. This notice and 

opportunity for public comment does 

not affect any rights or obligations of 

any state, tribe or the EPA which might 

otherwise exist pursuant to CAA section 

107(d). 

Please refer to the ADDRESSES section 

above in this document for specific 

instructions on submitting comments 

and locating relevant public documents. 

• In providing comments to EPA 

please consider the agency’s charge 

under CAA section 107(d). Under this 

section, EPA is obligated to identify 

every area as attainment, nonattainment, 

or unclassifiable. Further, in 

establishing nonattainment area 

boundaries, the agency is required to 

identify the area that does not meet the 

2006 PM2.5 24-hour standard and any 

nearby area that is contributing to the 

area that does not meet that standard. If 

you believe that a specific geographic 

area that EPA is proposing to identify as 

a nonattainment area should not be 

categorized by the section 107(d) criteria 

as nonattainment, or if you believe that 

a specific area not proposed by EPA to 

be identified as a nonattainment area 

should in fact be categorized as 

nonattainment using the section 107(d) 

criteria, please be as specific as possible 

in supporting your belief. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

III. Internet Web Site for Rulemaking 

Information 

The EPA has also established a Web 

site for this rulemaking at http:// 

www.epa.gov/pmdesignations/ 

2006standards/index.htm. The Web site 

includes EPA’s state and tribal 

designation recommendations, as well 

as the rulemaking actions and other 

related information that the public may 

find useful. 

Dated: August 20, 2008. 

Jenny Noonan Edmonds, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. E8–20241 Filed 8–29–08; 8:45 am] 

BILLING CODE 6560–50–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

48 CFR Part 1652 

RIN 3206–AL66 

Federal Employees Health Benefits 

Program Acquisition Regulation: 

Miscellaneous Clarifications and 

Corrections 

AGENCY: Office of Personnel 

Management. 

ACTION: Proposed rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing a 

proposed rule to amend the Federal 

Employees Health Benefits Acquisition 

Regulations (FEHBAR). The rule 

clarifies the rate setting process for 

community rated carriers with respect 

to Similarly Sized Subscriber Groups 

(SSSG) and removes the ban on 

adjustments based on rate reconciliation 

for the final year of Federal Employees 

Health Benefits Program (FEHBP) 

contracts. 

DATES: Comments must be received on 

or before: October 2, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Edward M. DeHarde, Senior Policy 

Analyst at 202–606–0004, or e-mail 

Edward.DeHarde@opm.gov. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 


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Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Proposed Rules 51261 

number by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Edward M. DeHarde, Senior 

Policy Analyst, Insurance Policy Group, 

Office of Personnel Management, 1900 E 

Street, NW., Room 3415, Washington, 

DC 20415. 

SUPPLEMENTARY INFORMATION: The 

purpose of this proposed regulation is to 

clarify requirements with respect to the 

rate setting process for community rated 

carriers and to require rate 

reconciliation for the final contract term 

for community rated carriers that leave 

the FEHBP. 

In prior years, carriers were not 

subjected to rate reconciliation in the 

final year of their contracts. Information 

technology and electronic transmission 

and storage of data now make it possible 

to efficiently perform rate reconciliation 

for the final contract year. Therefore, 

OPM will begin conducting such rate 

reconciliation on community rated 

contracts that terminate after January 1, 

2009. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because all the small plan FEHBP 

contracts fall below the threshold for 

submitting cost or pricing data. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

Lists of Subjects in 48 CFR Parts 1652 

Government employees, Government 

procurement, Health insurance, 

Reporting and recordkeeping 

requirements. 

Office of Personnel Management. 

Michael W. Hager, 

Acting Director. 

Accordingly, OPM proposes to amend 

chapter 16 of title 48, CFR as follows: 

PART 1652—CONTRACT CLAUSES 

1. The authority citation for part 1652 

continues to read as follows: 

Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 

48 CFR 1.301. 

Subpart 1652.2—Texts of FEHBP 

Clauses 

2. Amend § 1652.216–70 by revising 

paragraphs (b)(2) through (b)(4) and 

(b)(6), and adding paragraphs (b)(7) and 

(b)(8) to read as follows: 

1652.216–70 Accounting and price 

adjustment. 

* * * * * 

(b) * * * 

(2) The subscription rates agreed to in 

this contract shall be equivalent to the 

subscription rates given to the carrier’s 

similarly sized subscriber groups 

(SSSGs) as defined in FEHBAR 

1602.170–13. The subscription rates 

shall be determined according to the 

carrier’s established policy which must 

be applied consistently to the FEHBP 

and to the carrier’s similarly sized 

subscriber groups (SSSGs). If an SSSG 

receives a rate lower than that 

determined according to the carrier’s 

methodology, it is considered a 

discount. The FEHBP must receive a 

discount equal to or greater than the 

carrier’s largest SSSG discount. 

(3) If, at the time of the rate 

reconciliation, the subscription rates are 

found to be lower than the equivalent 

rates for the lower of the two SSSGs, the 

carrier may include an adjustment to the 

Federal group’s rates for the next 

contract period, except as noted in 

paragraph (b)(7) of this clause. 

(4) If, at the time of the rate 

reconciliation, the subscription rates are 

found to be higher than the equivalent 

rates for the lower of the two SSSGs, the 

Carrier shall reimburse the Fund, for 

example, by reducing the FEHB rates for 

the next contract term to reflect the 

difference between the estimated rates 

and the rates which are derived using 

the methodology of the lower rated 

SSSG, except as noted in paragraph 

(b)(7) of this clause. 

* * * * * 

(6) For contract years beginning on or 

after January 1, 2009, in the event this 

contract is not renewed, the final rate 

reconciliation will be performed. The 

carrier must promptly pay any amount 

owed to OPM. Any amount recoverable 

by the carrier is limited to the amount 

in the contingency reserve for the 

terminating plan as of December 31 of 

the terminating year. 

(7) Carriers may provide additional 

guaranteed discounts to the FEHBP that 

are not given to SSSGs. Any such 

guaranteed discounts must be clearly 

identified as guaranteed discounts. After 

the beginning of the contract year for 

which the rates are set, these guaranteed 

FEHBP discounts may not be adjusted. 

(8) Carriers may not impose 

surcharges (loadings not defined based 

on an established rating method) on the 

FEHBP subscription rates or use 

surcharges in the rate reconciliation 

process irrespective of whether 

surcharges are applied to the SSSGs. 

[FR Doc. E8–20269 Filed 8–29–08; 8:45 am] 

BILLING CODE 6325–39–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

48 CFR Part 9904 

Harmonization of Cost Accounting 

Standards 412 and 413 With the 

Pension Protection Act of 2006 

ACTION: . Advance Notice of Proposed 

Rulemaking. 

SUMMARY: The Office of Federal 

Procurement Policy, Cost Accounting 

Standards Board, invites public 

comments concerning an Advance 

Notice of Proposed Rulemaking on the 

harmonization of Cost Accounting 

Standards 412 and 413 with the Pension 

Protection Act of 2006. 

DATES: Comments must be in writing 

and must be received by November 3, 

2008. 

ADDRESSES: The full text of the Advance 

Notice of Proposed Rulemaking, 

including the Board’s response to public 

comments on the Staff Discussion Paper 

and the draft proposed amendments to 

Cost Accounting Standards 412 and 413, 

is available at: http:// 

www.whitehouse.gov/omb/ 

procurement/casb/2008_anprm.pdf and 

http://www.regulations.gov. 

All comments to this Advance Notice 

of Proposed Rulemaking must be in 

writing. Due to delays in the receipt and 

processing of mail, respondents are 

strongly encouraged to submit 

comments electronically to ensure 

timely receipt. Electronic comments 

may be submitted in any one of three 

ways: 

1. Comments may be directly sent via 

http://www.regulations.gov—a Federal 

E-Government Web site that allows the 

public to find, review, and submit 

comments on documents that agencies 

have published in the Federal Register 

and that are open for comment. Simply 

type ‘‘CAS Pension Harmonization 

ANPRM’’ (without quotes) in the 

Comment or Submission search box, 

click Go, and follow the instructions for 

submitting comments; 

2. Comments may be included in an 

e-mail message sent to 

casb2@omb.eop.gov. The comments 

may be submitted in the text of the email message or as an attachment; or 

3. Comments may also be submitted 

via facsimile to (202) 395–5105. 


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