Electronic Public Comment Transmission Error for Two Medicare Program Rules, 43087-43088 [E9-20583]

Download as PDF Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules requirements in CAA section 110(l) regarding SIP relaxation, and the requirements in CAA sections 189(b)(1)(B) and 188(e) regarding BACM and MSM. Monitoring, recordkeeping, reporting and associated requirements generally ensure that the submitted rule can be enforced. The March 10, 2008 version of Rule 316 is more stringent than the SIP-approved rule. Moreover, in addition to reviewing the analysis submitted by ADEQ, we have compared the requirements in Rule 316 to requirements in comparable rules in other PM–10 nonattainment areas and believe that Rule 316 is generally as stringent as the requirements in those other areas. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve the Rule The TSD describes additional rule revisions that do not affect EPA’s current proposed action but are recommended for the next time MCAQD modifies the rule. D. Proposed Action and Public Comment Because EPA believes the submitted rule fulfills all relevant requirements, we are proposing to fully approve it pursuant to CAA section 110(k)(3) as meeting the requirements of sections 189(b)(1)(B) and 188(e). We will accept comments from the public on this proposal for the next 30 days. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate this rule into the Federally enforceable SIP. mstockstill on DSKH9S0YB1PROD with PROPOSALS III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions VerDate Nov<24>2008 16:35 Aug 25, 2009 Jkt 217001 of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: July 31, 2009. Laura Yoshii, Acting Regional Administrator, Region IX. [FR Doc. E9–20597 Filed 8–25–09; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 43087 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 410, 411, 414, 415, 485, and 489 [CMS–9061–N] Electronic Public Comment Transmission Error for Two Medicare Program Rules AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Request for resubmission of comments. SUMMARY: This document requests that the public resubmit their comments on the CY 2010 Physician Fee Schedule or CY 2010 Hospital Outpatient Prospective Payment System/ Ambulatory Surgical Center Payment System proposed rule before the close of the comment period for these rules (that is, August 31, 2009) if their comments were originally submitted via www.regulations.gov during the period from July 26, 2009 through July 30, 2009. DATES: To be assured consideration, comments on the CY 2010 Physician Fee Schedule proposed rule published July 13, 2009 (74 FR 33520) and the CY 2010 Hospital Outpatient Prospective Payment System/Ambulatory Surgical Center Payment System proposed rule published July 20, 2009 (74 FR 35232), must be received at one of the addresses provided below, no later than 5 p.m. on August 31, 2009. ADDRESSES: In commenting, please refer to file code— • CMS–1413–P (for the CY 2010 Physician Fee Schedule proposed rule); or • CMS–1414–P (for the CY 2010 Hospital Outpatient Prospective Payment System/Ambulatory Surgical Center Payment System proposed rule). 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 either of these proposed rules via https:// www.regulations.gov. Enter one of the following docket identification numbers in the keyword search field: a. CMS–2009–0058, for the CY 2010 Physician Fee Schedule proposed rule. b. CMS–2009–0060, for the CY 2010 Hospital Outpatient Prospective E:\FR\FM\26AUP1.SGM 26AUP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 43088 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules Payment System Ambulatory Surgical Center Payment System proposed rule. 2. By regular mail. You may mail written comments to the following address only: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–1413–P or CMS–1414–P, P.O. Box 8013, Baltimore, MD 21244–8013. 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 to the following address only: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–1413–P or CMS–1414–P, 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 before the close of the comment period to either of the following addresses: a. For delivery in Washington, DC— Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the Hubert H. Humphrey 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. For delivery in Baltimore, MD— Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244–1850. If you intend to deliver your comments to the Baltimore address, please call telephone number (410) 786– 9994 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. FOR FURTHER INFORMATION CONTACT: Shawn Braxton, (410) 786–7292. SUPPLEMENTARY INFORMATION: In January 2003, the interagency eRulemaking Program launched www.regulations.gov to provide citizens with an online portal to learn about proposed regulations and to have their comments shape the rulemaking process. For the first time ever, American citizens could access VerDate Nov<24>2008 16:35 Aug 25, 2009 Jkt 217001 and comment on all proposed Federal regulations from a single Web site. A minor software problem resulted in the nontransmittal of some public comments from July 26, 2009 through July 30, 2009. The software error affected only a few Federal agencies, one of which was the Centers for Medicare & Medicaid Services. We were informed that this error affected the receipt of public comments on the following proposed rules (1) Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2010 (regulations.gov docket identification (ID) number (CMS–2009–0058)); and (2) Medicare Program: Proposed Changes to the Hospital Outpatient Prospective Payment System and CY 2010 Payment Rates; Proposed Changes to the Ambulatory Surgical Center Payment System and CY 2010 Payment Rates (regulations.gov docket ID number (CMS–2009–0060)). (These proposed rules were published in the July 13, 2009 (74 FR 33520) and the July 20, 2009 (74 FR 35232) Federal Register, respectively.) Therefore, we are requesting that persons who transmitted comments on either of the aforementioned proposed rules during the period from July 26, 2009 through July 30, 2009 resubmit their comments before the close of the comment period for the proposed rules which is August 31, 2009. Persons wishing to resubmit comments may do so electronically, via mail, hand delivery, or courier as specified in the ADDRESSES section of this notice. We note that the software problem has been corrected and safeguards are now in place to ensure this error will not occur for future rulemaking documents. Dated: August 20, 2009. Charlene Frizzera, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E9–20583 Filed 8–21–09; 4:15 pm] BILLING CODE 4120–01–P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Part 1503 [Docket No. TSA–2009–0014] RIN 1652–AA66 Reporting of Security Issues AGENCY: Transportation Security Administration, DHS. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The Transportation Security Administration (TSA) proposes to add new procedures by which members of the public could report to TSA a problem, deficiency, or vulnerability regarding transportation security, including the security of aviation, maritime, railroad, motor carrier vehicle, or pipeline transportation, or any mode of public transportation, such as mass transit, in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). DATES: Submit comments by October 26, 2009. ADDRESSES: You may submit comments, identified by the TSA docket number to this rulemaking, to the Federal Docket Management System (FDMS), a government-wide, electronic docket management system, using any one of the following methods: Electronically: You may submit comments through the Federal eRulemaking portal at https:// www.regulations.gov. Follow the online instructions for submitting comments. Mail, In Person, or Fax: Address, hand-deliver, or fax your written comments to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001; Fax 202–493–2251. The Department of Transportation (DOT), which maintains and processes TSA’s official regulatory dockets, will scan the submission and post it to FDMS. See SUPPLEMENTARY INFORMATION for format and other information about comment submissions. FOR FURTHER INFORMATION CONTACT: Sarah Tauber, Office of Chief Counsel, TSA–2, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–6002; telephone (571) 227–3964; facsimile (571) 227– 1380; e-mail sarah.tauber@dhs.gov. SUPPLEMENTARY INFORMATION: Comments Invited TSA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. TSA also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from this rulemaking action. See ADDRESSES above for information on where to submit comments. With each comment, please identify the docket number at the beginning of your comments. TSA encourages E:\FR\FM\26AUP1.SGM 26AUP1

Agencies

[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Proposed Rules]
[Pages 43087-43088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20583]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 410, 411, 414, 415, 485, and 489

[CMS-9061-N]


Electronic Public Comment Transmission Error for Two Medicare 
Program Rules

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Request for resubmission of comments.

-----------------------------------------------------------------------

SUMMARY: This document requests that the public resubmit their comments 
on the CY 2010 Physician Fee Schedule or CY 2010 Hospital Outpatient 
Prospective Payment System/Ambulatory Surgical Center Payment System 
proposed rule before the close of the comment period for these rules 
(that is, August 31, 2009) if their comments were originally submitted 
via www.regulations.gov during the period from July 26, 2009 through 
July 30, 2009.

DATES: To be assured consideration, comments on the CY 2010 Physician 
Fee Schedule proposed rule published July 13, 2009 (74 FR 33520) and 
the CY 2010 Hospital Outpatient Prospective Payment System/Ambulatory 
Surgical Center Payment System proposed rule published July 20, 2009 
(74 FR 35232), must be received at one of the addresses provided below, 
no later than 5 p.m. on August 31, 2009.

ADDRESSES: In commenting, please refer to file code--
     CMS-1413-P (for the CY 2010 Physician Fee Schedule 
proposed rule); or
     CMS-1414-P (for the CY 2010 Hospital Outpatient 
Prospective Payment System/Ambulatory Surgical Center Payment System 
proposed rule).
    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 either of 
these proposed rules via https://www.regulations.gov. Enter one of the 
following docket identification numbers in the keyword search field:
    a. CMS-2009-0058, for the CY 2010 Physician Fee Schedule proposed 
rule.
    b. CMS-2009-0060, for the CY 2010 Hospital Outpatient Prospective

[[Page 43088]]

Payment System Ambulatory Surgical Center Payment System proposed rule.
    2. By regular mail. You may mail written comments to the following 
address only: Centers for Medicare & Medicaid Services, Department of 
Health and Human Services, Attention: CMS-1413-P or CMS-1414-P, P.O. 
Box 8013, Baltimore, MD 21244-8013.
    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 to 
the following address only: Centers for Medicare & Medicaid Services, 
Department of Health and Human Services, Attention: CMS-1413-P or CMS-
1414-P, 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 before the close of the comment period 
to either of the following addresses:
    a. For delivery in Washington, DC-- Centers for Medicare & Medicaid 
Services, Department of Health and Human Services, Room 445-G, Hubert 
H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 
20201.
    (Because access to the interior of the Hubert H. Humphrey 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. For delivery in Baltimore, MD--Centers for Medicare & Medicaid 
Services, Department of Health and Human Services, 7500 Security 
Boulevard, Baltimore, MD 21244-1850.
    If you intend to deliver your comments to the Baltimore address, 
please call telephone number (410) 786-9994 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.

FOR FURTHER INFORMATION CONTACT: Shawn Braxton, (410) 786-7292.

SUPPLEMENTARY INFORMATION: In January 2003, the interagency eRulemaking 
Program launched www.regulations.gov to provide citizens with an online 
portal to learn about proposed regulations and to have their comments 
shape the rulemaking process. For the first time ever, American 
citizens could access and comment on all proposed Federal regulations 
from a single Web site.
    A minor software problem resulted in the nontransmittal of some 
public comments from July 26, 2009 through July 30, 2009. The software 
error affected only a few Federal agencies, one of which was the 
Centers for Medicare & Medicaid Services. We were informed that this 
error affected the receipt of public comments on the following proposed 
rules (1) Medicare Program; Payment Policies Under the Physician Fee 
Schedule and Other Revisions to Part B for CY 2010 (regulations.gov 
docket identification (ID) number (CMS-2009-0058)); and (2) Medicare 
Program: Proposed Changes to the Hospital Outpatient Prospective 
Payment System and CY 2010 Payment Rates; Proposed Changes to the 
Ambulatory Surgical Center Payment System and CY 2010 Payment Rates 
(regulations.gov docket ID number (CMS-2009-0060)). (These proposed 
rules were published in the July 13, 2009 (74 FR 33520) and the July 
20, 2009 (74 FR 35232) Federal Register, respectively.) Therefore, we 
are requesting that persons who transmitted comments on either of the 
aforementioned proposed rules during the period from July 26, 2009 
through July 30, 2009 resubmit their comments before the close of the 
comment period for the proposed rules which is August 31, 2009. Persons 
wishing to resubmit comments may do so electronically, via mail, hand 
delivery, or courier as specified in the ADDRESSES section of this 
notice.
    We note that the software problem has been corrected and safeguards 
are now in place to ensure this error will not occur for future 
rulemaking documents.

    Dated: August 20, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E9-20583 Filed 8-21-09; 4:15 pm]
BILLING CODE 4120-01-P

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