11546 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations

petitions. Therefore, the EPA has

decided to use the methods listed above.

I. Congressional Review Act

The Congressional Review Act, 5

U.S.C. § 801 et seq., as added by the

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing this rule and

other required information to the U.S.

Senate, the U.S. House of

Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. A major rule cannot take effect

until 60 days after it is published in the

Federal Register. This action is not a

‘‘major rule’’ as defined by 5 U.S.C.

§ 804(2). This direct final rule will be

effective on April 27, 2001.

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: February 20, 2001.

Christine T. Whitman,

Administrator.

For the reasons set out in the

preamble, part 63 of Chapter I of title 40

of the Code of Federal Regulations is

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart JJJ—[Amended]

2. Section 63.1311 is amended by

revising paragraphs (b) and (d)(6) to

read as follows:

§ 63.1311 Compliance schedule and

relationship of this subpart to existing

applicable rules.

* * * * *

(b) New affected sources that

commence construction or

reconstruction after March 29, 1995

shall be in compliance with this subpart

upon initial start-up or September 12,

1996, whichever is later, as provided in

§ 63.6(b), except that new affected

sources whose primary product, as

determined using the procedures

specified in § 63.1310(f), is PET shall be

in compliance with § 63.1331 upon

initial start-up or August 27, 2001,

whichever is later.

* * * * *

(d) * * *

(6) Notwithstanding paragraphs (d)(1)

through (5) of this section, existing

affected sources whose primary product,

as determined using the procedures

specified in § 63.1310(f), is PET shall be

in compliance with § 63.1331 no later

than August 27, 2001.

* * * * *

[FR Doc. 01–4652 Filed 2–23–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 400, 430, 431, 434, 435,

438, 440, and 447

[HCFA–2001–F2]

RIN 0938–A170

Medicaid Program; Medicaid Managed

Care: Delay of Effective Date

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the January 24, 2001

Federal Register, this action temporarily

delays for 60 days the effective date of

the final rule entitled ‘‘Medicaid

Program; Medicaid Managed Care’’

published in the January 19, 2001

Federal Register (66 FR 6227). That

final rule amends the Medicaid

regulations to implement provisions of

the Balanced Budget Act of 1997 (BBA)

that allow the States greater flexibility

by permitting them to amend their State

plan to require certain categories of

Medicaid beneficiaries to enroll in

managed care entities without obtaining

waivers if beneficiary choice is

provided; establish new beneficiary

protections in areas such as quality

assurance, grievance rights, and

coverage of emergency services;

eliminate certain requirements viewed

by State agencies as impediments to the

growth of managed care programs, such

as the enrollment composition

requirement, the right to disenroll

without cause at any time, and the

prohibition against enrollee costsharing. In addition, that final rule

expands on regulatory beneficiary

protections provided to enrollees of

prepaid health plans (PHPs) by

requiring that PHPs comply with

specified BBA requirements that would

not otherwise apply to PHPs.

The effective date of that rule, which

would have been April 19, 2001, is now

June 18, 2001. The temporary 60-day

delay in effective date is necessary to

give Department officials the

opportunity for further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. Additionally, due to this delay in

the effective date of the rule, the

implementation date of the rule, which

would have also been April 19, 2001, is

now June 18, 2001. Therefore,

provisions of the rule that must be

implemented through contracts with

managed care organizations, prepaid

health plans, health insuring

organizations, or enrollment brokers are

effective with respect to contracts that

are up for renewal or renegotiation on

or after June 18, 2001, but no later than

June 18, 2002.

To the extent that 5 U.S.C. section 553

applies to this action, it is exempt from

notice and comment because it

constitutes a rule of procedure under 5

U.S.C. section 553 (b)(3)(1).

Alternatively, HCFA’s implementation

of this rule without opportunity for

public comment, effective immediately

upon publication today in the Federal

Register, is based on the good cause

exceptions in 5 U.S.C. sections

553(b)(3)(B) and 553(d)(3), in that

seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. Given the

imminence of the effective date, seeking

prior public comment on this temporary

delay would have been impractical, as

well as contrary to the public interest,

in the orderly promulgation and

implementation of regulations.

DATES: The effective date of the rule

amending 42 CFR parts 400, 430, 431,

434, 435, 438, 440, and 447 published

in the January 19, 2001 Federal Register

(66 FR 6228) is delayed 60 days until

June 18, 2001.

Additionally, the implementation

date of the rule is delayed until June 18,

2001. Therefore, provisions of the rule

that must be implemented through

contracts with managed care

organizations, prepaid health plans,

health insuring organizations, or

enrollment brokers are effective with

respect to contracts that are up for

renewal or renegotiation on or after June

18, 2001, but no later than June 18,

2002.

FOR FURTHER INFORMATION CONTACT:

Bruce Johnson (410) 786–0615.

Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations 11547

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program)

Dated: February 21, 2001.

Michael McMullan,

Acting Deputy Administrator, Health Care

Financing Administration.

Approved: February 22, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–4738 Filed 2–22–01; 1:53 pm]

BILLING CODE 4120–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 431, 433, 435, 436, and

457

[HCFA–2006–F2]

RIN 0938–AI28

State Child Health; Implementing

Regulations for the State Children’s

Health Insurance Program: Delay of

Effective Date

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the January 24, 2001

Federal Register, this action temporarily

delays for 60 days the effective date of

the final rule entitled ‘‘State Child

Health; Implementing Regulations for

the State Children’s Health Insurance

Program’’ published in the January 11,

2001 Federal Register (66 FR 2490).

That final rule implements provisions of

the Balanced Budget Act of 1997 (BBA)

related to the State Children’s Health

Insurance Program (SCHIP).

Specifically, the final rule includes

provisions related to State plan

requirements and plan administration,

coverage and benefits, eligibility and

enrollment, enrollee financial

responsibility, strategic planning,

substitution of coverage, program

integrity, certain allowable waivers, and

applicant and enrollee protections. This

final rule also implements the

provisions of sections 4911 and 4912 of

the BBA, which amended title XIX of

the Social Security Act to expand State

options for coverage of children under

the Medicaid program. In addition, this

final rule makes technical corrections to

subparts B and F of 42 CFR part 457.

The effective date of that rule, which

would have been April 11, 2001, is now

June 11, 2001. The temporary 60-day

delay in effective date is necessary to

give Department officials the

opportunity for further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. To the extent that 5 U.S.C. section

553 applies to this action, it is exempt

from notice and comment because it

constitutes a rule of procedure under 5

U.S.C. section 553(b)(3)(a).

Alternatively, HCFA’s implementation

of this rule without opportunity for

public comment, effective immediately

upon publication today in the Federal

Register, is based on the good cause

exceptions in 5 U.S.C. sections

553(b)(3)(B) and 553(d)(3), in that

seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. Given the

imminence of the effective date, seeking

prior public comment on this temporary

delay would have been impractical, as

well as contrary to the public interest,

in the orderly promulgation and

implementation of regulations.

The effective date of the rule

amending 42 CFR parts 431, 433, 435,

436, and 457 published in the January

11, 2001 Federal Register (66 FR 2490)

is delayed 60 days until June 11, 2001.

FOR FURTHER INFORMATION CONTACT:

Regina Fletcher (410) 786–3293.

(Catalog of Federal Domestic Assistance

Program No. 93.767, State Children’s

Insurance Program)

Dated: February 21, 2001.

Michael McMullan,

Acting Deputy Administrator, Health Care

Financing Administration.

Approved: February 22, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–4737 Filed 2–22–01; 1:53 pm]

BILLING CODE 4120–01–M