Medicare Program; Changes to the Competitive Acquisition of Certain Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) by Certain Provisions of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), 6557-6558 [E9-2839]
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6557
Proposed Rules
Federal Register
Vol. 74, No. 26
Tuesday, February 10, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM398; Notice No. 25–09–01–
SC]
Special Conditions: Model C–27J
Airplane; Interaction of Systems and
Structures
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed special
conditions, withdrawal.
AGENCY:
SUMMARY: The FAA is withdrawing a
previously published notice that
proposed special conditions for the
Alenia Model C–27J airplane. We are
withdrawing the notice in response to a
White House request that appointees
and designees be provided an
opportunity to review new and pending
regulations.
FOR FURTHER INFORMATION CONTACT:
Holly Thorson, FAA, International
Branch, ANM–116, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356;
telephone (425) 227–1357, facsimile
425–227–1149.
SUPPLEMENTARY INFORMATION:
on these proposed special conditions by
February 25, 2009.
Reason for Withdrawal
We are withdrawing Notice No. 25–
09–01–SC because of a White House
memorandum, dated January 20, 2009,
signed by the Assistant to the President
and Chief of Staff as directed to the
heads of executive departments and
agencies. The memorandum stated the
importance of the President’s
appointees and designees having the
opportunity to review and approve any
new or pending regulations. The subject
Notice of proposed special conditions
was inadvertently published without
this review.
Conclusion
Withdrawal of Notice No. 25–09–01–
SC does not preclude the FAA from
issuing another notice on the subject
matter in the future or committing the
agency to any future course of action.
In response to the White House
memorandum, the FAA withdraws
Notice No. 25–09–01–SC, published at
74 FR 4353 on January 26, 2009.
Issued in Renton, Washington, on February
2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–2754 Filed 2–9–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
erowe on PROD1PC63 with PROPOSALS-1
Background
42 CFR Part 414
On January 26, 2009, the FAA
published a Notice of proposed special
conditions, Notice No. 25–09–01–SC,
for the Model C–27J airplane on the
subject of interaction of systems and
structures (74 FR 4353). The C–27J
airplane has novel or unusual design
features when compared to the state of
technology described in the
airworthiness standards for transport
category airplanes. These design
features include electronic flight control
systems. The proposed special
conditions pertain to the effects of novel
or unusual design features such as
effects on the structural performance of
the airplane. We requested comments
[CMS–1561–NC]
VerDate Nov<24>2008
14:16 Feb 09, 2009
Jkt 217001
RIN 0938–AP59
Medicare Program; Changes to the
Competitive Acquisition of Certain
Durable Medical Equipment,
Prosthetics, Orthotics and Supplies
(DMEPOS) by Certain Provisions of the
Medicare Improvements for Patients
and Providers Act of 2008 (MIPPA)
ACTION: Notice of proposed delay of
effective date.
SUMMARY: In accordance with the
memorandum of January 20, 2009 from
the Assistant to the President and Chief
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
of Staff, entitled ‘‘Regulatory Review,’’
CMS is seeking public comment on a
contemplated delay of 60 days in the
effective date of the rule entitled
‘‘Medicare Program; Changes to the
Competitive Acquisition of Certain
Durable Medical Equipment,
Prosthetics, Orthotics and Supplies
(DMEPOS) by Certain Provisions of the
Medicare Improvements for Patients and
Providers Act of 2008 (MIPPA),’’
published in the Federal Register on
January 16, 2009 (74 FR 2873). That rule
implements certain MIPPA provisions
that delay implementation of Round 1 of
the competitive bidding program;
requires CMS to conduct a second
Round 1 competition (the ‘‘Round 1
rebid’’) in 2009; and mandates certain
changes for both the Round 1 rebid and
subsequent rounds of the program,
including a process for providing
feedback to suppliers regarding missing
financial documentation and requiring
contractors to disclose to CMS
information regarding subcontracting
relationships. CMS is considering a
temporary 60-day delay in effective date
to allow CMS officials the opportunity
for further review of the issues of law
and policy raised by this rule, consistent
with the Chief of Staff’s memorandum
of January 20, 2009. CMS solicits
comments specifically on the
contemplated delay in effective date and
generally on the rule entitled ‘‘Medicare
Program; Changes to the Competitive
Acquisition of Certain Durable Medical
Equipment, Prosthetics, Orthotics and
Supplies (DMEPOS) by Certain
Provisions of the Medicare
Improvements for Patients and
Providers Act of 2008 (MIPPA).’’
DATES: Comments must be received on
or before February 13, 2009.
ADDRESSES: You may submit comments
by any of the following methods: In
commenting, please refer to file code
CMS–1561–NC. Because of staff and
resource limitations, we cannot accept
comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on specific issues
in this regulation to https://
www.regulations.gov. Follow the
instructions for ‘‘Comment or
Submission’’ and enter the filecode to
find the document accepting comments.
E:\FR\FM\10FEP1.SGM
10FEP1
erowe on PROD1PC63 with PROPOSALS-1
6558
Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Proposed Rules
2. 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–1561–NC, Mail Stop C4–26–05,
7500 Security Boulevard, Baltimore, MD
21244–1850.
3. 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 either of the
following addresses:
a. Room 445–G, Hubert H. Humphrey
Building, 200 Independence Avenue,
SW., Washington, DC 20201;
(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.)
b. 7500 Security Boulevard,
Baltimore, MD 21244–1850.
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.
Comments mailed to the addresses
indicated as appropriate for hand or
courier delivery may be delayed and
received after the comment period.
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following Web
site as soon as possible after they have
been received: https://
www.regulations.gov. Follow the search
instructions on that Web site to view
public comments.
Comments received timely will also
be available for public inspection as
they are received, generally beginning
approximately 3 weeks after publication
of a document, at the headquarters of
the Centers for Medicare & Medicaid
Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday
through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an
appointment to view public comments,
phone 1–800–743–3951.
FOR FURTHER INFORMATION CONTACT:
Martique Jones, 410–786–4674.
VerDate Nov<24>2008
14:16 Feb 09, 2009
Jkt 217001
(Catalog of Federal Domestic Assistance
Program No. 93.774, Medicare—
Supplementary Medical Insurance Program)
Dated: February 5, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: February 5, 2009.
Charles E. Johnson,
Acting Secretary.
[FR Doc. E9–2839 Filed 2–6–09; 12:00 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R6–ES–2008–0127; MO92210–50083–
B2]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Wyoming Pocket
Gopher as Threatened or Endangered
With Critical Habitat
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
Wyoming pocket gopher (Thomomys
clusius) as threatened or endangered
under the Endangered Species Act of
1973, as amended (Act). We find that
the petition presents substantial
scientific or commercial information
indicating that listing the Wyoming
pocket gopher may be warranted.
Therefore, with the publication of this
notice, we are initiating a status review
of the species to determine if listing the
species is warranted. To ensure that the
review is comprehensive, we are
soliciting scientific and commercial data
and other information regarding this
species. At the conclusion of this
review, we will issue a 12-month
finding to determine if the petitioned
action is warranted. We will make a
determination on critical habitat for this
species if, and when, we initiate a
listing action.
DATES: The finding announced in this
document was made on February 10,
2009. To facilitate a timely 12-month
finding for this petition, we request that
we receive data, information, and
comments on or before April 13, 2009.
ADDRESSES: You may submit
information by one of the following
methods:
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R6–
ES–2008–0127; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222, Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all information received on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Information Solicited section
below for more details).
FOR FURTHER INFORMATION CONTACT:
Brian Kelly, Field Supervisor, Wyoming
Ecological Services Field Office, 5353
Yellowstone Road, Cheyenne, WY
82009; telephone 307–772–2374. If you
use a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
When we make a finding that a
petition presents substantial
information to indicate that listing a
species may be warranted, we are
required to promptly commence a
review of the status of the species. To
ensure that the status review is
complete and based on the best
available scientific and commercial
information, we are soliciting
information on the Wyoming pocket
gopher. We request information,
comments, and suggestions from the
public, other governmental agencies,
Tribes, the scientific community,
industry, or any other interested parties
concerning the status of the Wyoming
pocket gopher. We are seeking
information regarding: (1) The species’
historical and current status and
distribution; (2) its population size and
trend; (3) its biology and ecology; (4) its
taxonomy (especially genetics of the
species); and (5) ongoing conservation
measures for the species and its habitat.
We are also seeking information on
the following five threat factors used to
determine if a species, as defined under
the Act, is threatened or endangered
under section 4(a)(1) of the Act (16
U.S.C. 1531 et seq.):
a. The present or threatened
destruction, modification, or
curtailment of the species’ habitat or
range;
b. Overutilization for commercial,
recreational, scientific, or educational
purposes;
c. Disease or predation;
d. The inadequacy of existing
regulatory mechanisms; or
E:\FR\FM\10FEP1.SGM
10FEP1
]]>Agencies
[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Proposed Rules]
[Pages 6557-6558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2839]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 414
[CMS-1561-NC]
RIN 0938-AP59
Medicare Program; Changes to the Competitive Acquisition of
Certain Durable Medical Equipment, Prosthetics, Orthotics and Supplies
(DMEPOS) by Certain Provisions of the Medicare Improvements for
Patients and Providers Act of 2008 (MIPPA)
ACTION: Notice of proposed delay of effective date.
-----------------------------------------------------------------------
SUMMARY: In accordance with the memorandum of January 20, 2009 from the
Assistant to the President and Chief of Staff, entitled ``Regulatory
Review,'' CMS is seeking public comment on a contemplated delay of 60
days in the effective date of the rule entitled ``Medicare Program;
Changes to the Competitive Acquisition of Certain Durable Medical
Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) by Certain
Provisions of the Medicare Improvements for Patients and Providers Act
of 2008 (MIPPA),'' published in the Federal Register on January 16,
2009 (74 FR 2873). That rule implements certain MIPPA provisions that
delay implementation of Round 1 of the competitive bidding program;
requires CMS to conduct a second Round 1 competition (the ``Round 1
rebid'') in 2009; and mandates certain changes for both the Round 1
rebid and subsequent rounds of the program, including a process for
providing feedback to suppliers regarding missing financial
documentation and requiring contractors to disclose to CMS information
regarding subcontracting relationships. CMS is considering a temporary
60-day delay in effective date to allow CMS officials the opportunity
for further review of the issues of law and policy raised by this rule,
consistent with the Chief of Staff's memorandum of January 20, 2009.
CMS solicits comments specifically on the contemplated delay in
effective date and generally on the rule entitled ``Medicare Program;
Changes to the Competitive Acquisition of Certain Durable Medical
Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) by Certain
Provisions of the Medicare Improvements for Patients and Providers Act
of 2008 (MIPPA).''
DATES: Comments must be received on or before February 13, 2009.
ADDRESSES: You may submit comments by any of the following methods: In
commenting, please refer to file code CMS-1561-NC. Because of staff and
resource limitations, we cannot accept comments by facsimile (FAX)
transmission.
You may submit comments in one of four ways (please choose only one
of the ways listed):
1. Electronically. You may submit electronic comments on specific
issues in this regulation to https://www.regulations.gov. Follow the
instructions for ``Comment or Submission'' and enter the filecode to
find the document accepting comments.
[[Page 6558]]
2. 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-1561-NC, Mail Stop C4-26-05, 7500 Security Boulevard,
Baltimore, MD 21244-1850.
3. 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 either of the following addresses:
a. Room 445-G, Hubert H. Humphrey Building, 200 Independence
Avenue, SW., Washington, DC 20201;
(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.)
b. 7500 Security Boulevard, Baltimore, MD 21244-1850.
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.
Comments mailed to the addresses indicated as appropriate for hand
or courier delivery may be delayed and received after the comment
period.
Inspection of Public Comments: All comments received before the
close of the comment period are available for viewing by the public,
including any personally identifiable or confidential business
information that is included in a comment. We post all comments
received before the close of the comment period on the following Web
site as soon as possible after they have been received: https://
www.regulations.gov. Follow the search instructions on that Web site to
view public comments.
Comments received timely will also be available for public
inspection as they are received, generally beginning approximately 3
weeks after publication of a document, at the headquarters of the
Centers for Medicare & Medicaid Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an appointment to view public comments,
phone 1-800-743-3951.
FOR FURTHER INFORMATION CONTACT: Martique Jones, 410-786-4674.
(Catalog of Federal Domestic Assistance Program No. 93.774,
Medicare--Supplementary Medical Insurance Program)
Dated: February 5, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
Approved: February 5, 2009.
Charles E. Johnson,
Acting Secretary.
[FR Doc. E9-2839 Filed 2-6-09; 12:00 pm]
BILLING CODE 4120-01-P
