Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of NOX, 6336-6337 [2010-2674]
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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules
solicited comment regarding any other
appropriate and legally permissible
implementation approach.
DoD issued a final rule March 17,
2009 (74 FR 11279–93), which was
similar to the proposed rule. The
preamble to the final rule discussed
DoD’s effort, particularly in the use of
voluntary agreements tied to formulary
status, to find ‘‘common ground’’ with
the drug industry, which opposes FCPs.
The preamble also stated that DoD
interpreted the statute as automatically
capping the price manufacturers may
charge for those drugs that enter into the
commercial chain of transactions that
end up as TRICARE-paid prescriptions,
resulting in the conclusion that the
amount above the FCP was an
overpayment by DoD, which in turn
required a refund of the overpayment.
After the final rule became effective,
May 26, 2009, drug companies signed
voluntary agreements covering
approximately 99 percent of TRICARE
retail prescriptions.
However, at the same time, there was
a litigation challenge to the validity of
the final rule in a case called Coalition
for Common Sense in Government
Procurement v. U.S., U.S. District Court
for the District of Columbia, Civ. No.
08–996 (JDB), 2009 U.S. Dist. LEXIS
110746. The Court issued a decision
November 30, 2009. This decision had
four major points:
• Although 10 U.S.C. 1074g(f)
requires that FCPs shall apply, the
statute does not specify how they will
apply. DoD incorrectly interpreted the
statute as requiring manufacturer
refunds, to the exclusion of other
possible approaches. DoD must
reconsider the implementation of the
statute as a function of its discretionary
judgment, rather than only as a legal
interpretation. For example, DoD should
exercise its discretion to consider
‘‘which of the five parties that
participate in the retail pharmacy
program—manufacturers, wholesalers,
network pharmacies, private pharmacy
benefit managers, and TRICARE
beneficiaries—must bear any costs
associated with imposing the Federal
Ceiling Prices.’’
• While DoD considers whether to
readopt the final rule as it currently
stands or to change it, the final rule will
remain in effect, as will the
manufacturer agreements that cover
approximately 99 percent of TRICARE
retail prescriptions. (This is the effect of
the Court’s Order that the final rule is
‘‘remanded without vacatur.’’)
• DoD correctly interpreted the
statute as applying FCPs to all
prescriptions filled on or after January
28, 2008.
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14:33 Feb 08, 2010
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• The Court ordered that DoD file a
status report with the Court by not later
than March 1, 2010, ‘‘documenting its
consideration on remand.’’
B. Invitation of Additional Public
Comments
Although the Court did not
specifically require more public
comments, DoD invites public
comments on the final rule issued
March 17, 2009, as well as additional
comments regarding any other
appropriate and legally permissible
implementation approach. DoD
recommends that interested parties
focus their comments on those matters
that the Court addressed as requiring
DoD reconsideration on the remand of
the final rule. In considering alternative
approaches, DoD intends to use at least
the following three criteria (and
welcomes comment on other suggested
criteria): (1) Harmony with the statute
and legislative history; (2) consistency
with best business practice; and (3)
practicability of administration. In
addition to the citations noted above, to
assist interested parties, the final rule
and the Court’s Order and
Memorandum Opinion are posted on
the TRICARE Pharmacy Program Web
site at: https://www.tricare.mil/
pharm_mfg/default.cfm.
Dated: February 3, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2010–2666 Filed 2–8–10; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0706; FRL–9111–6]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Removal of NOX SIP Call
Rules
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the State of West
Virginia that removes West Virginia’s
nitrogen oxides (NOx) SIP Call rules. In
the Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
PO 00000
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comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
DATES: Comments must be received in
writing by March 11, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2009–0706 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2009–0706,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket=s normal hours of operation,
and special arrangements should be
made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2009–
0706. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
E:\FR\FM\09FEP1.SGM
09FEP1
Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI 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 in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
e-mail at powers.marilyn@epa.gov.
For
further information, please see the
information provided in the direct final
action, with the same title, that is
located in the ‘‘Rules and Regulations’’
section of this Federal Register
publication. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
Dated: January 22, 2010.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010–2674 Filed 2–8–10; 8:45 am]
BILLING CODE 6560–50–P
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14:33 Feb 08, 2010
Jkt 220001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0010; FRL–9111–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control of Carbon Monoxide
Emissions from Basic Oxygen
Furnaces
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the State of
Maryland for the purpose of replacing
the existing requirements for the control
of carbon monoxide (CO) emissions
from basic oxygen furnaces (BOFs) at
steel mills with a new CO standard for
BOFs at steel mills. In the Final Rules
section of this Federal Register, EPA is
approving the State’s SIP submittal as a
direct final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this action, no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
DATES: Comments must be received in
writing by March 11, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0010 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2010–0010,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
PO 00000
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Fmt 4702
Sfmt 4702
6337
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0010. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI 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 in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at Maryland Department of the
Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov.
E:\FR\FM\09FEP1.SGM
09FEP1
Agencies
[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Proposed Rules]
[Pages 6336-6337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2674]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0706; FRL-9111-6]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Removal of NOX SIP Call Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the State of West Virginia that removes West
Virginia's nitrogen oxides (NOx) SIP Call rules. In the Final Rules
section of this Federal Register, EPA is approving the State's SIP
submittal as a direct final rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. A detailed rationale for the approval is set forth in
the direct final rule. If no adverse comments are received in response
to this action, no further activity is contemplated. If EPA receives
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.
DATES: Comments must be received in writing by March 11, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0706 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2009-0706, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket=s normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0706. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your
[[Page 6337]]
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
Dated: January 22, 2010.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-2674 Filed 2-8-10; 8:45 am]
BILLING CODE 6560-50-P