Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-12-18.xml --- 72 242 Tuesday, December 18, 2007 Contents AID Agency for International Development NOTICES Privacy Act; systems of records, 71615 E7-24440 Agricultural Agricultural Marketing Service NOTICES Grade standards: Tomatoes on the vine, 71616-71617 E7-24458 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Farm Service Agency See Federal Crop Insurance Corporation See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-24430 71615-71616 E7-24432 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71617-71618 E7-24459 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Telecommunications Act accessibility guidelines and electronic and information technology accessibility standards:

Telecommunications and Electronic and Information Technology Advisory Committee Meetings, 71613-71614 E7-24506 Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Medicare & Medicaid Services RULES Medicare: Revisit User Fee Program; Medicare Survey and certification activities, 71579-71583 07-6093 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation PROPOSED RULES Future Farm Programs:

Cash and share lease provisions, 71606 E7-24492 Consumer Consumer Product Safety Commission NOTICES Privacy Act; systems of records, 71645-71646 E7-24436 Defense Defense Department See Engineers Corps NOTICES Arms sales notification; transmittal letter, etc., 71646-71662 07-6060 07-6062 07-6063 Privacy Act; systems of records, 71662-71666 E7-24460 E7-24461 E7-24464 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 71667 E7-24454 Grants and cooperative agreements; availability, etc.:

Safe and drug-free schools programs— School-Based Student Drug-Testing Programs, 71668-71671 E7-24518 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71699-71700 E7-24488 Employment Employment and Training Administration NOTICES Meetings: Native American Employment and Training Council, 71700 E7-24487 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; availability, etc.:

Washington County, PA; Southern Beltway Transportation Project from I-79 to Mon/Fayette Expressway, 71666-71667 E7-24446 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: West Virginia, 71576-71579 E7-24367 NOTICES Agency information collection activities; proposals, submissions, and approvals, 71682-71686 E7-24511 E7-24512 E7-24515 Meetings: Scientific Counselors Board, 71686-71687 E7-24514 Farm Farm Service Agency PROPOSED RULES Future Farm Programs:

Cash and share lease provisions, 71606 E7-24492 FAA Federal Aviation Administration PROPOSED RULES Class D airspace, 71606-71610 07-6064 07-6065 07-6066 FCC Federal Communications Commission NOTICES Meetings; Sunshine Act, 71687-71688 07-6098 Rulemaking proceedings; petitions filed, granted, denied, etc., 71688 E7-24483 Federal Crop Federal Crop Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 71618 E7-24444 FDIC Federal Deposit Insurance Corporation NOTICES Meetings:

Sunshine Act, 71689 E7-24462 Meetings; Sunshine Act, 71689 E7-24463 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, E7-24455 71675-71676 E7-24457 Environmental statements; notice of intent: El Paso Natural Gas Pipeline Co., 71677-71678 E7-24413 Leaf River Energy Center LLC, 71678-71680 E7-24415 Meetings: Rockies Express Pipeline LLC; technical conference, 71680 E7-24421 Meetings; Sunshine Act, 71680-71682 E7-24562 *Applications, hearings, determinations, etc.:* Colorado Interstate Gas Co., 71671-71672 E7-24414 FirstEnergy Generation Mansfield Unit 1 Corp., 71672-71673 E7-24418 Magic Valley Pipeline, L.P., 71673 E7-24412 New York Independent System Operator, Inc., 71673 E7-24417 Northern Renewable Energy

(USA)Ltd., 71673-71674 E7-24420 Southern Company Services, Inc., E7-24416 71674 E7-24419 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71732-71733 E7-24516 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 71689 E7-24480 Permissible nonbanking activities, 71689-71690 E7-24481 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* South Carolina ZF Lemforder Corp.; automotive suspension systems manufacturing facility, 71620 E7-24499 GSA General Services Administration NOTICES Environmental statements; record of decision: Derby Line, VT; U.S. Commercial Port of Entry; construction, 71690-71696 E7-24445 Health Health and Human Services Department See Centers for Medicare & Medicaid Services Interior Interior Department See Land Management Bureau See Minerals Management Service NOTICES Meetings: Exxon Valdez Oil Spill Trustee Council, 71696-71697 E7-24502 IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-24398 71739-71741 E7-24405 E7-24406 E7-24408 International International Trade Administration NOTICES Antidumping: Magnesium metal from— Russian Federation, 71620-71621 E7-24498 International International Trade Commission NOTICES Import investigations: Low-antimony phosphoric acid, 71698-71699 E7-24482 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 71697 E7-24442 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: ALL GOOD, 71733 E7-24525 WINDY DAY, 71733-71734 E7-24526 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71697-71698 E7-24493 Outer Continental Shelf; development operations coordination: Central Gulf of Mexico OCS— Oil and gas lease sales, 71698 E7-24501 Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.: Minority Business Enterprise Center Program, 71621-71625 E7-24475 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 71701 E7-24441 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Bentley Motors, Inc., 71734-71735 E7-24443 National Labor National Labor Relations Board NOTICES Senior Executive Service Performance Review Board; membership, 71701 E7-24453 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish and halibut, 71601-71605 E7-24505 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 71583-71600 07-6077 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observation; marine seismic survey off Central America, February-April 2008, 71625-71644 E7-24508 Meetings: Gulf of Mexico Fishery Management Council, E7-24448 71644-71645 E7-24449 E7-24450 Scientific research permit applications, determinations, etc., 71645 E7-24504 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 71701-71702 E7-24473 Environmental statements; availability, etc.: Southern Nuclear Operating Co., 71702-71703 E7-24472 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 71703-71719 E7-24284 Reports and guidance documents; availability, etc.: Antitrust license conditions and antitrust enforcement; standard review plan, 71719-71720 E7-24471 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials: Special permit applications; list, 71735-71736 07-6078 Special permit modification applications; list, 71736-71738 07-6079 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71618-71619 E7-24424 Rural Rural Housing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71618-71620 E7-24424 E7-24425 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71618-71619 E7-24424 SEC Securities and Exchange Commission PROPOSED RULES Securities: Oil and gas reserves; disclosure requirements revisions; concept release, 71610-71613 E7-24384 NOTICES Options Price Reporting Authority: Consolidated Options Last Sale Reports and Quotation Information; Reporting Plan; amendments, 71720-71723 E7-24484 E7-24485 Regulatory responsibility allocation plan: American Stock Exchange LLC et al., 71723-71725 E7-24467 Securities: Suspension of trading— Avitech LifeSciences, Inc., 71725 07-6095 Green Machine Development Corp., 71725 07-6096 Xiiva Holdings, Inc., 71725-71726 07-6097 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 71726-71727 E7-24468 NASDAQ Stock Market LLC, 71727-71729 E7-24466 Philadelphia Stock Exchange, Inc., 71729 E7-24465 SBA Small Business Administration NOTICES Disaster loan areas: Oregon, 71729-71730 E7-24470 Small business investment companies: Maximum leverage ceiling increase, 71730 E7-24469 State State Department RULES International Traffic in Arms Regulations: Embargoed countries; list, 71575-71576 E7-24352 NOTICES Culturally significant objects imported for exhibition: Poussin and Nature: Arcadian Visions, 71730 E7-24495 Intercountry Adoption Act of 2000: Hague Convention— United States; instrument of ratification deposit, 71730-71731 E7-24494 Meetings: Overseas Schools Advisory Council, 71731 E7-24490 Reports and guidance documents; availability, etc.: Foreign assistance; standardized program structure; dialogue, 71731-71732 E7-24491 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Union Pacific Railroad Co., 71738 E7-24292 Railroad services abandonment: Norfolk Southern Railway Co., 71738-71739 E7-24390 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 71741 E7-24503 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 242 Tuesday, December 18, 2007 Rules and Regulations DEPARTMENT OF STATE 22 CFR Part 126 [Public Notice: 6027] Amendment to the International Arms Traffic in Arms Regulations: UN Embargoed Countries AGENCY: Department of State. ACTION: Final rule. SUMMARY: The Department of State is amending the text of the International Traffic in Arms Regulations (ITAR), Exports and Sales Prohibited by United Nations Security Council Embargoes, to add a list of the countries subject to such United Nations embargoes. EFFECTIVE DATE: This rule is effective December 18, 2007. ADDRESSES: Interested parties may submit comments at any time by any of the following methods: • *E-mail: DDTCResponseTeam@state.gov* with an appropriate subject line. • *Mail:* Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory Change, ITAR § 126.1(c), SA-1, 12th Floor, Washington, DC 20522-0112. • *Hand Delivery or Courier (regular work hours only):* Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, ATTENTION: Regulatory Change, ITAR § 126.1(c), SA-1, 12th Floor, 2401 E Street, NW., Washington, DC 20037. Persons with access to the Internet may also view this notice by going to the regulations.gov Web site at *http://regulatons.gov/index.cfm* . FOR FURTHER INFORMATION CONTACT: Director Ann Ganzer, Office of Defense Trade Controls Policy, Department of State, Telephone

(202)663-2792 or Fax

(202)261-8199; E-mail *DDTCResponseTeam@state.gov* . ATTN: Regulatory Change, ITAR § 126.1(c) SUPPLEMENTARY INFORMATION: Regulations concerning exports and sales prohibited by United Nations Security Council embargoes are amended to add a list of the countries subject to such United Nations embargoes. United Nations Arms Embargoes include, but are not necessarily limited to the following countries: Cote d'Ivoire, Democratic Republic of Congo, Iraq, Iran, Lebanon, Liberia, North Korea, Rwanda, Sierra Leone, Somalia, and Sudan. Regulatory Analysis and Notices Administrative Procedure Act This amendment involves a foreign affairs function of the United States and, therefore, is not subject to the procedures required by 5 U.S.C. 553 and 554. Regulatory Flexibility Act This rule does not require analysis under the Regulatory Flexibility Act. Unfunded Mandates Act of 1995 This rule does not require analysis under the Unfunded Mandates Reform Act. Small Business Regulatory Enforcement Fairness Act of 1996 This amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. It will not have substantial direct effects on the States, the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Orders 12372 and 13132 It is determined that this rule does not have sufficient federalism implications to warrant application of the consultation provisions of Executive Orders 12372 and 13132. Executive Order 12866 This amendment is exempt from review under Executive Order 12866, but has been reviewed internally by the Department of State to ensure consistency with the purposes thereof. Paperwork Reduction Act This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 126 Arms and munitions, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 126 is amended as follows: PART 126—GENERAL POLICIES AND PROVISIONS 1. The authority citation for part 126 continues to read as follows: Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; Sec. 1225, Pub. L. 108-375. 2. Section 126.1 is amended by revising paragraph

(c)to read as follows: § 126.1 Prohibited exports and sales to certain countries.

(c)*Exports and sales prohibited by United Nations Security Council embargoes.* Whenever the United Nations Security Council mandates an arms embargo, all transactions that are prohibited by the embargo and that involve U.S. persons anywhere, or any person in the United States, and defense articles or services of a type enumerated on the United States Munitions List (22 CFR part 121), irrespective of origin, are prohibited under the ITAR for the duration of the embargo, unless the Department of State publishes a notice in the **Federal Register** specifying different measures. This would include, but is not limited to, transactions involving trade by U.S. persons who are located inside or outside of the United States in defense articles or services of U.S. or foreign origin that are located inside or outside of the United States. United Nations Arms Embargoes include, but are not necessarily limited to, the following countries:

(1)Cote d'Ivoire

(2)Democratic Republic of Congo (see also paragraph

(i)of this section)

(3)Iraq

(4)Iran

(5)Lebanon

(6)Liberia

(7)North Korea

(8)Rwanda (see also paragraph

(h)of this section)

(9)Sierra Leone

(10)Somalia

(11)Sudan Dated: November 30, 2007. John C. Rood, Acting Under Secretary for Arms Control and International Security, Department of State. [FR Doc. E7-24352 Filed 12-17-07; 8:45 am] BILLING CODE 4710-25-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 97 [EPA-R03-OAR-2007-0448; FRL-8506-4] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Clean Air Interstate Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving a revision to the West Virginia State Implementation Plan

(SIP)submitted on June 8, 2007. This revision incorporates provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005 and subsequently revised on April 28, 2006 and December 13, 2006, and the CAIR Federal Implementation Plan (CAIR FIP) concerning sulfur dioxide (SO 2 ), nitrogen oxides (NO X ) annual, and NO X ozone season emissions for the State of West Virginia, promulgated on April 28, 2006 and subsequently revised on December 13, 2006. West Virginia is subject to the CAIR FIP that implements the CAIR requirements by requiring certain EGUs to participate in the EPA-administered Federal CAIR SO 2 , NO X annual, and NO X ozone season cap-and-trade programs. In accordance with the Clean Air Act, EPA is approving this West Virginia SIP revision as an abbreviated SIP revision which addresses the methodology to be used to allocate annual and ozone season NO X allowances under the CAIR FIPs. In this action, EPA is not making any changes to the CAIR FIP, but is amending the appropriate appendices in the CAIR FIP trading rules simply to note that approval. EFFECTIVE DATE: The final rule is effective on December 18, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2007-0448. All documents in the electronic docket are listed in the *http://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 *http://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: I. Background On June 1, 2006, West Virginia submitted a full SIP revision to meet the requirements of CAIR as promulgated on May 12, 2005. The SIP revision is comprised of three regulations: 45CSR39 (NO X annual trading program); 45CSR40 (NO X ozone season trading program); and 45CSR41 (SO 2 annual trading program). The regulations adopted the 40 CFR part 96 model rules as set forth in the May 12, 2005 rulemaking, however, because revisions to 40 CFR part 96 were finalized after the State had started its rulemaking process, did not include the changes to the model rules that were made as part of the April 28, 2006 CAIR FIP. Consistent with the provisions of the CAIR, West Virginia submitted a letter on June 8, 2007, requesting that portions of its June 1, 2006 SIP revision be considered as an abbreviated SIP revision. The June 8, 2007 letter designated the NO X allocation methodology provisions applicable to EGUs under the CAIR FIP and originally submitted as part of its June 1, 2006 CAIR SIP revision as replacing the corresponding provisions of the CAIR FIPs. Consistent with this request, EPA is treating the following provisions of West Virginia's CAIR rules an abbreviated SIP revision: § 45-39-40, 45-39-41, and 45-39-42 ; and §§ 45-40-40, 45-40-41, and 45-40-42, except for paragraphs 40.3, 42.2.c, 42.2.d, 42.2.e, 42.3.a.2, and 42.4.b. The NO X allowance allocation methodology in these provisions of West Virginia's June 1, 2006 SIP revision is consistent with the methodology in part 96 and the FIP. On September 13, 2007 (72 FR 52289), EPA published a direct final rulemaking notice

(DFRN)to approve the June 8, 2007 revision to West Virginia's SIP. The DFRN approved, as an abbreviated SIP, West Virginia's methodology for allocating NO X allowances for the NO X annual and NO X ozone season trading programs, which will be used to allocate NO X allowances to sources in West Virginia, instead of the federal allocation methodology otherwise provided in the FIP. A detailed discussion of the CAIR requirements, West Virginia's CAIR submittals, and EPA's rationale for approval of the West Virginia's abbreviated SIP may be found in the DFRN and will not be repeated here. In the DFRN, EPA stated that if adverse comment was received, it would publish a timely withdrawal in the **Federal Register** informing the public that the rule would not take effect. On October 12, 2007, EPA received an adverse comment from the State of Connecticut Department of Environmental Protection. EPA therefore withdrew the DFRN on November 7, 2007 (72 FR 62788). II. Public Comments and EPA Responses *Comment:* On October 12, 2007, the Connecticut Department of Environmental Protection (CTDEP) submitted adverse comments on EPA's DFR notice approving West Virginia's abbreviated CAIR SIP. CTDEP encourages EPA to approve state programs adopted to meet the emission reduction requirements of CAIR. However, it argues that before approving state CAIR plans, EPA should evaluate individually and in the aggregate each state's clean air programs. They argue such evaluation is necessary to ensure that each state's emissions do not significantly contribute to downwind nonattainment. CTDEP asserts its belief that the CAIR program does not ensure that the CAA section 110(a)(2)(D)(i) requirements to prohibit transported emissions that significantly contribute to nonattainment in Connecticut and other states will be met. CTDEP expresses concern that EPA is determining through this and other similar rulemakings that CAIR programs are sufficient to meet States' section 110(a)(2)(D)(i) obligations. CTDEP asserts, based on EPA and State modeling for CAIR, that the levels of transported pollution remaining after CAIR implementation are large enough that, even with local controls, it may be difficult for Connecticut to attain the 8-hour ozone NAAQS by 2010. Finally, CTDEP questions EPA's determination that highly cost effective controls are adequate to address States' section 110(a)(2)(D)(i) obligations as compared to “reasonable cost” controls that could be achieved to effect more stringent NO X reductions. *Response:* EPA does not agree that it is appropriate or necessary for EPA to conduct additional analysis before approving the West Virginia abbreviated CAIR SIP for NO X allowances and NO X allowance methodology. West Virginia has chosen an abbreviated SIP for NO X allowances and NO X allocation methodology, one of four SIP elements for which states may request an abbreviated SIP. With an abbreviated SIP, the CAIR FIP remains in place for West Virginia. EPA's proposed approval of West Virginia's abbreviated SIP would therefore only have the effect of replacing, as provided for in the CAIR FIP, the corresponding FIP provisions with the State's preferred allocations and methodology. EPA has evaluated this abbreviated SIP revision and determined that it complies with the requirements of the CAIR FIP provisions regarding abbreviated SIPs. CTDEP does not challenge this determination. Thus, CTDEP's comments do not specifically pertain to any aspect of EPA's proposed action to approve the West Virginia CAIR SIP revision. Rather, the comments appear to be directed broadly at EPA's decisions with regard to states' section 110(a)(2)(D)(i) obligations. These decisions were made by EPA in the context of the CAIR rulemaking, which was promulgated on May 12, 2005 (70 FR 25162), not in the proposed action to approve West Virginia's abbreviated CAIR SIP revision. Therefore, CTDEP's comments are not relevant to the proposed action. CTDEP had ample opportunity to submit comments both during the comment period for the proposed CAIR rulemaking of January 30, 2004 (69 FR 4566) and during the comment period for the proposed CAIR FIP of August 24, 2005 (70 FR 49708). EPA's proposal to approve West Virginia's abbreviated CAIR SIP did not reopen either the CAIR or CAIR FIP rulemakings. Consequently, CTDEP's comments are not relevant to this rulemaking, or timely with respect to the CAIR and CAIR FIP rulemakings. Thus, EPA does not believe it is necessary to conduct additional analysis on whether West Virginia or any other state satisfies the requirements of 110(a)(2)(D)(i) before approving the West Virginia's abbreviated CAIR SIP submission. III. Final Action EPA is approving West Virginia's abbreviated CAIR SIP revision submitted on June 8, 2007, as discussed above. West Virginia is subject to the CAIR FIPs, which require participation in the EPA-administered SO 2 , NO X annual, and NO X ozone season cap-and-trade programs. Under this abbreviated SIP revision and, consistent with the flexibility given to States in the FIPs, West Virginia has adopted provisions for allocating allowances under the CAIR FIP NO X annual and ozone season trading programs. As provided for in the CAIR FIPs, these provisions in the abbreviated SIP revision will replace or supplement the corresponding provisions of the CAIR FIPs in West Virginia. The abbreviated SIP revision meets the applicable requirements in 40 CFR 51.123(p) and (ee), with regard to NO X annual and NO X ozone season emissions. In this final action, EPA is not making any changes to the CAIR FIP, but is amending the appropriate appendices in the CAIR FIP trading rules simply to note approval of West Virginia's abbreviated CAIR SIP. EPA is today taking action only on this request for an abbreviated SIP revision and not the full CAIR SIP revision originally submitted, which will be the subject of a separate rulemaking action. In the June 8, 2007 letter, West Virginia states that it will revise and promulgate its CAIR rules 45CSR39, 45CSR40, and 45CSR41 to incorporate the revisions to part 96 and indicates that it plans to submit an amended CAIR SIP revision to EPA in 2008. IV. Effective Date EPA finds that there is good cause for this approval to become effective on the date of publication because a delayed effective date is unnecessary due to the nature of the approval, which allows the Commonwealth to make allocations under its CAIR rules. The expedited effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rule actions may become effective less than 30 days after publication if the rule “grants or recognizes an exemption or relieves a restriction” and section 5 U.S.C. 553(d)(3), which allows an effective date less than 30 days after publication “as otherwise provided by the agency for good cause found and published with the rule.” CAIR SIP approvals relieve states and CAIR sources within states from being subject to allowance allocation provisions in the CAIR FIPs that otherwise would apply to it, allowing States to make their own allowance allocations based on their SIP-approved State rule. The relief from these obligations is sufficient reason to allow an expedited effective date of this rule under 5 U.S.C. 553(d)(1). V. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). B. Submission to Congress and the Comptroller General 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. 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** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 19, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action to approve West Virginia's abbreviated CAIR SIP revision may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. 40 CFR Part 97 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements. Dated: December 6, 2007. Donald S. Welsh, Regional Administrator, Region III. 40 CFR parts 52 and 97 are amended as follows: PART 52—[AMENDED] 1. The authority citation for 40 CFR part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart XX—West Virginia 2. Section 52.2520 is amended as follows: a. The table in paragraph

(c)by adding entries for 45 CSR 39 and 45 CSR 40 at the end of the table. b. The table in paragraph

(e)by adding the entry for Article 3, Chapter 64 of the Code of West Virginia at the end of the table. § 52.2520 Identification of plan.

(c)* * * EPA-Approved Regulations in the West Virginia Sip State citation [Chapter 16-20 or 45 CSR] Title/subject State effective date EPA approval date Additional explanation/citation at 40 CFR § 52.2565 * * * * * * * [45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Ozides Section 45-39-40 CAIR NO X Annual Trading Budget 5/1/06 12/18/07 [Insert page number where the document begins] Only Phase I (2009-2014). Section 45-39-41 Timing Requirements for CAIR NO X Annual Allowance Allocations 5/1/06 12/18/07 [Insert page number where the document begins] Only Phase I (2009-2014). Section 45-39-42 CAIR NO X Annual Allowance Allocations 5/1/06 12/18/07 [Insert page number where the document begins] Only for Phase I (2009-2014). [45 CSR] Series 40 Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone and Nitrogen Oxides Section 45-40-40 CAIR NO X Ozone Season Trading Budget 5/1/06 12/18/07 [Insert page number where the document begins] 1. Except for subsection 40.3, and non-EGUs in subsection 40.1 table 2. Only Phase I (2009-2014). Section 45-40-41 Timing Requirements for CAIR NO X Ozone Season Allowance Allocations 5/1/06 12/18/07 [Insert page number where the document begins] Only Phase I (2009-2014). Section 45-40-42 CAIR NO X Ozone Season Allowance Allocations 5/1/06 12/18/07 [Insert page number where the document begins] 1. Except for subsections 42.2.d, 42.2.e, 42.3.a.2, and 42.4.b. 2. Only Phase I (2009-2014).

(e)* * * Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * * * * * * Article 3, Chapter 64 of the Code of West Virginia, 1931 Statewide 5/1/06 12/18/07 [Insert page number where the document begins] Effective date of March 11, 2006. PART 97—[AMENDED] 3. The authority citation for 40 CFR part 97 continues to read as follows: Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, *et seq.* 4. Appendix A to Subpart EE is amended by adding the entry for “West Virginia” in alphabetical order under paragraph 1. to read as follows: Appendix A to Subpart EE of Part 97—States With Approved State Implementation Plan Revisions Concerning Allocations 1. * * * West Virginia (for control periods 2009-2014) 5. Appendix A to Subpart EEEE is amended by adding the entry for West Virginia in alphabetical order to read as follows: Appendix A to Subpart EEEE of Part 97—States With Approved State Implementation Plan Revisions Concerning Allocations West Virginia (for control periods 2009-2014) [FR Doc. E7-24367 Filed 12-17-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 488 [CMS-2278-IFC2] RIN 0938-AP22 Revisit User Fee Program for Medicare Survey and Certification Activities AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Interim final rule with comment period. SUMMARY: This interim final rule with comment period implements the continuation of the revisit user fee program for Medicare Survey and Certification activities, in accordance with the statutory authority in the Further Continuing Appropriations, 2008 Resolution (“Continuing Resolution”) budget legislation passed by the Congress and signed by the President on November 13, 2007. On September 19, 2007, we published a final rule that established a system of revisit user fees applicable to health care facilities that have been cited for deficiencies during initial certification, recertification or substantiated complaint surveys and require a revisit to confirm that previously-identified deficiencies have been corrected. DATES: *Effective date:* These regulations are effective December 14, 2007, and applicable beginning November 17, 2007. *Comment date:* To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on February 19, 2008. ADDRESSES: In commenting, please refer to file code CMS-2278-IFC2. Because of staff and resource limitations, we cannot accept comments by facsimile

(FAX)transmission. You may submit comments in one of four ways (no duplicates, please): 1. *Electronically.* You may submit electronic comments on specific issues in this regulation to *http://www.cms.hhs.gov/eRulemaking.* Click on the link “Submit electronic comments on CMS regulations with an open comment period.” (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.) 2. *By regular mail.* You may mail 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-2278-IFC2, P.O. Box 8010, Baltimore, MD 21244-8016. 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 (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-2278-IFC2, 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 (one original and two copies) before the close of the comment period to one of the following addresses. 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. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201; or 7500 Security Boulevard, Baltimore, MD 21244-1850. (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.) Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Kelley Tinsley,

(410)786-6664. SUPPLEMENTARY INFORMATION: *Submitting Comments:* As the public was provided an opportunity to comment on the substance of the rule during the comment period prior to the publication of the September 19, 2007 final rule, and as the substance of the rule is not changed by this interim final rule with comment period, we are accepting comments only to the extent that they pertain to the applicability of the new authority for the rule. You can assist us by referencing the file code CMS-2278-IFC2. *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: *http://www.cms.hhs.gov/eRulemaking* . Click on the link “Electronic Comments on CMS Regulations” on that Web site to view public comments. Comments received timely will be available for public inspection as they are received, generally beginning approximately three 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. SUPPLEMENTARY INFORMATION: I. Background In the June 29, 2007 **Federal Register** (72 FR 35673), we published the proposed rule entitled, “Establishment of Revisit User Fee Program for Medicare Survey and Certification Activities' and provided for a 60-day comment period. In the September 19, 2007 **Federal Register** (72 FR 53628) we published the Revisit User Fee Program final rule. That final rule set forth final requirements and a final fee schedule for providers and suppliers who require a revisit survey as a result of deficiencies cited during an initial certification, recertification, or substantiated complaint survey. The Centers for Medicare & Medicaid Services

(CMS)has in place an outcome-oriented survey process that is designed to ensure that existing Medicare-certified providers and suppliers or providers and suppliers seeking initial Medicare certification, meet statutory and regulatory requirements, conditions of participation, or conditions for coverage. These health and safety requirements apply to the environments of care and the delivery of services to residents or patients served by these facilities and agencies. The Secretary of the Department of Health and Human Services

(HHS)has designated CMS to enforce the conditions of participation/coverage and other requirements of the Medicare program. The revisit user fee will be assessed for revisits conducted in order to determine whether deficiencies cited as a result of failing to satisfy federal quality of care requirements have been corrected. Pursuant to the requirements of the Continuing Appropriations Resolution budget bill for fiscal year

(FY)2007, the Secretary directed CMS to implement the revisit user fees for FY 2007 for certain providers and suppliers for which a revisit was required to confirm that previously-identified failures to meet federal quality of care requirements had been remedied. The fees recover the costs associated with the Medicare Survey and Certification program's revisit surveys. The primary purpose for implementing the revisit user fees is to ensure the continuance of CMS Survey and Certification quality assurance functions that improve patient care and safety. The fees became effective upon publication September 19, 2007, when the final rule was published. II. Provisions of the Interim Final Rule The current Continuing Resolution Pub. L. 110-16 Division B of HR 3222 which amends Pub. L. 110-92 H. J. Res. 52 §§ 101 & 106(2007), authorizes HHS to continue to impose revisit user fees until December 14, 2007, as follows: * * * Sec. 101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2007 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this joint resolution, that were conducted in fiscal year 2007, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: * * *

(3)The Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289, as amended by Public Law 110-5). ( *H.J.Res.20, § 101(2007)* ). Sec. 106. Unless otherwise provided for in this joint resolution or in the applicable appropriations Act for fiscal year 2008, appropriations and funds made available and authority granted pursuant to this joint resolution shall be available until whichever of the following first occurs: * * *

(3)December 14, 2007. As directed by the Secretary, in the September 19, 2007 **Federal Register** (72 FR 53628), we established the revisit user fee program for revisit surveys. We put forth in regulation the relevant definitions, criteria for determining the fees, the fee schedule, procedures for the collection of fees, the reconsideration process, enforcement and regulatory language addressing enrollment and billing privileges, and provider agreements. In the September 19, 2007 final rule, cost projections were based on FY 2006 actual data and were expected to amount to $37.3 million for FY 2007. These calculations were included in section IV of the final rule (72 FR 53642). We stated in the final rule that, “if authority for the revisit user fee is continued, we will use the current fee schedule in [the final rule] for the assessment of such fees until such time as a new fee schedule notice is proposed and published in final form.” (72 FR 53628). The current Continuing Resolution continues the authority of the FY 2007 Continuing Resolution from November 17, 2007 through December 14, 2007. Accordingly, the revisit fees will continue to be assessed for the entire time period authorized by the current Continuing Resolution. III. Response to Comments Because of the large number of public comments we normally receive on **Federal Register** documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble, and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document. IV. Waiver of Proposed Rulemaking and Delay in Effective Date We ordinarily publish a notice of proposed rulemaking in the **Federal Register** and invite public comment on the proposed rule in accordance with 5 U.S.C. 553(b) of the Administrative Procedure Act (APA). The notice of proposed rulemaking includes a reference to the legal authority under which the rule is proposed, and the terms and substance of the proposed rule or a description of the subjects and issues involved. This procedure can be waived, however, if an agency finds good cause that a notice-and-comment procedure is impracticable, unnecessary, or contrary to the public interest and incorporates a statement of the finding and its reasons in the rule issued. We find that the notice-and-comment procedure is unnecessary in this circumstance because providers and suppliers have already been provided notice and an opportunity to comment on the substance of this rule. This interim final rule with comment merely updates the Congressional authority under which the rule operates. Therefore, we find good cause to waive the notice of proposed rulemaking and to issue this final rule on an interim basis. We are providing a 60-day public comment period. We ordinarily provide a 30-day delay in the effective date of the provisions of a rule in accordance with the Administrative Procedure Act (APA), 5 U.S.C. 553(d). However, the delay in the effective date may be waived as, in pertinent part, “provided by the agency for good cause found and published with the rule.” 5 U.S.C. 553(d)(3). The Secretary finds that good cause exists to waive the 30-day effective date delay. The good cause exception to the 30 day effective date delay provision of section 553(d) of the APA is read to be broader than the good cause exception to the notice and comment provision of section 553(b) of the APA. The legislative history of the APA indicates that the purpose for deferring the effectiveness of a rule under section 553(d) was to “afford persons affected a reasonable time to prepare for the effective date of a rule or rules or to take other action which the issuance may prompt.” S. Rep. No. 752, 79th Cong., 1st Sess. 15 (1946); H.R. Rep. No. 1980, 79th Cong. 2d Sess. 25 (1946). In this case, affected parties do not need time to adjust their behavior before this rule takes effect. This rule merely updates the authority under which the revisit fee is assessed and does not provide any additional requirements for the affected parties. Moreover, with or without a revisit fee, a provider or supplier must be found to have corrected significant deficiencies in order to avoid termination. Additionally, the application of a fee for the revisit does not place appreciable administrative burdens on the affected providers or suppliers. We do not expect appreciable cost to State survey agencies because we are undertaking the billing and collection of the revisit user fee. We identified in the September 19, 2007 final rule the immediacy of this revisit user fee program and the specific statutory requirement contained limited in the Continuing Resolution that required us to implement the revisit user fee program in FY 2007. Accordingly, providers and suppliers have been on notice for some time that these fees will be imposed, and do not need additional time to be prepared to comply with the requirements of this regulation. We believe that given the short timeframe that we have to collect fees before the statutory authority of the current Continuing Resolution expires, there is good cause to waive the 30-day effective date. V. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995. VI. Regulatory Impact Analysis A. Overall Impact We have examined the impacts of this rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review), the Regulatory Flexibility Act

(RFA)(September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), and Executive Order 13132. Executive Order 12866 (as amended by Executive Order 13258, which merely reassigns responsibility of duties) directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis

(RIA)must be prepared for major rules with economically significant effects ($100 million or more in any one year). This rule is not a major rule. The aggregate costs will total approximately $37.3 million in any one year. The RFA requires agencies to analyze options for regulatory relief of small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Individuals and States are not included in the definition of a small entity. Small businesses are small entities, either by nonprofit status or by having revenues of $6.5 million to $31.9 million or less in any one year for purposes of the RFA. The September 19, 2007 final rule provided an analysis on the impact of small entities (72 FR 53642-3). The analysis published in the final rule remains valid. Since this interim final rule with comment merely updates the Congressional authority under which the rule operates, we have determined that this rule will not have a significant impact on small entities based on the overall effect on revenues. Section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan statistical Area (superseded by Core Based Statistical Areas) and has fewer than 100 beds. This rule affects those small rural hospitals that have been cited for a deficiency based on noncompliance with required conditions of participation and for which a revisit is needed to ensure that the deficiency has been corrected. We identified in the September 19, 2007 final rule that for the effective period of that rule that less than 3 percent of all hospitals may be assessed a revisit user fee and that less than 1 percent of those hospitals would be rural hospitals (72 FR 53643). The analysis published in the final rule remains valid. Since this interim final rule with comment merely updates the Congressional authority under which the rule operates, we maintain that this rule will not have a significant impact on small rural hospitals. Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any one year of $100 million in 1995 dollars, updated annually for inflation. That threshold level is currently approximately $120 million. This interim final rule with comment will have no mandated effect on State, local, or tribal governments and the impact on the private sector is estimated to be less than $120 million and will only effect those Medicare providers or suppliers for which a revisit user fee is assessed based on the need to conduct a revisit survey to ensure deficient practices that were cited have been corrected. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. This interim final rule with comment will not substantially affect State or local governments. This rule establishes user fees for providers and suppliers for which CMS has identified deficient practices and requires a revisit to assure that corrections have been made. Therefore, we have determined that this interim final rule with comment will not have a significant affect on the rights, roles, and responsibilities of State or local governments. B. Impact on Providers/Suppliers There is no change on the impact on providers and suppliers with the publication of this interim final rule with comment. The impact remains as discussed in the final rule (72 FR 53643). Final Fee Schedule for Onsite and Offsite Revisit Surveys The FY 2007 fee schedule published on September 19, 2007 (72 FR 53647) in the final rule will be retained. As noted in the final rule, the published fee schedule will be utilized by CMS for the assessment of such fees until such time as a new fee schedule notice is proposed and published in final form. The calculations utilized to determine the fee as identified in the final rule will be the same (72 FR 53645-6). We will continue to assess a flat fee based on provider or supplier type and type of revisit survey conducted. Table A below identifies the final fee schedule. Table A.—Final Fee Schedule Facility Fee assessed per offsite revisit survey Fee assessed per onsite revisit survey SNF & NF $168 $2,072 Hospitals 168 2,554 HHA 168 1,613 Hospice 168 1,736 ASC 168 1,669 RHC 168 851 ESRD 168 1,490 Costs for All Revisit User Fees Assessed We anticipated that the combined costs for all providers and suppliers for all revisit surveys in FY 2007 would total approximately $37.3 million on an annual basis, with onsite revisit surveys amounting to approximately $34.6 million and offsite revisit surveys totaling approximately $2.7 million. (72 FR 53645). However, actual fees assessed in FY 2007 were much less than this amount, since CMS did not charge for revisits that occurred prior to publication of the final regulation. Since we continue to operate under this same estimate for FY 07, we provide below monthly estimates of the impact for the period of the current Continuing Resolution in Tables B and C. For the period of the current Continuing Resolution, we will use the FY 2007 fee schedule established in the final rule for the assessment of fees until a new fee schedule notice is proposed and published as final. In Table B below, we provide the projected costs for the period of this current Continuing Resolution based on the fee schedule of the final rule. We expect the combined costs for all providers and suppliers for all onsite revisit surveys for the period of this current Continuing Resolution to total approximately $2.9 million. We first multiplied the total number of onsite revisit surveys in one year by the expected revisit user fees assessed per revisits as finalized in Table A above, estimated by provider or supplier, to obtain the annual cost of revisit surveys. We then divided this number by 12 to obtain the monthly cost per provider or supplier of onsite revisit surveys to obtain the total costs for onsite revisit surveys for the period of the current Continuing Resolution (roughly 1 month). We then totaled all providers and suppliers to achieve the total costs for all onsite revisit surveys for the period of this current Continuing Resolution. Table B.—Onsite Revisit Surveys—Estimated Monthly Costs Facility Monthly number of onsite revisit surveys Fee assessed per onsite revisit surveys (hrs × $112) Monthly costs for onsite revisit surveys * SNF & NF 1,191 $2,072 $2,467,061 Hospitals 48 2,554 122,379 HHA 89 1,613 143,557 Hospice 21 1,736 37,035 ASC 8 1,669 13,213 RHC 12 851 10,567 ESRD 58 1,490 86,668 Total 1,427 2,880,480 * Monthly costs may differ from the multiple of monthly revisits and fee per revisit due to rounding. The time period of this CR is roughly 1 month. Total numbers of onsite revisit surveys were rounded up based on FY 2006 actual data presented in the final rule. We expect the combined costs for all providers and suppliers for all offsite revisit surveys to total $229,250 for the period of the current Continuing Resolution. In Table C below, we first estimated by provider or supplier the number of offsite revisit surveys expected for an entire fiscal year, and multiplied this number by the expected revisit user fee of $168 per offsite revisit survey to obtain the annual cost of surveys. We then divided this number by 12 to obtain the monthly cost of offsite revisit surveys to obtain the total costs for offsite revisit surveys for the period of the current Continuing Resolution (roughly 1 month). Table C.—Offsite Revisit Surveys—Estimated Monthly Costs Facility Monthly number of offsite revisit surveys Fee assessed per offsite revisit survey ($112 × 1.5 hrs) Monthly costs for offsite revisit surveys* SNF & NF 1,262 $168 $211,932 Hospitals 23 168 3,892 HHA 43 168 7,238 Hospice 4 168 714 ASC 8 168 1,302 RHC 6 168 938 ESRD 19 168 3,234 Total 1,365 229,250 * Monthly costs may differ from the multiple of monthly revisits and fee per revisit due to rounding. The time period of this CR is roughly 1 month. As shown in Table D below, we provide the aggregate costs expected as projected for the entire FY 2007, as well as the costs we would expect to offset for the period of the current Continuing Resolution. Table D.—Total Costs Combined for All Revisits Surveys per Fiscal Year & Period of CR FY 2007 Period of CR* Onsite Revisit Surveys $34,565,760 $2,880,480 Offsite Revisit Surveys 2,751,000 229,250 Total Costs All Revisits 37,316,760 3,109,730 * CR period's costs are based on CR period revisit surveys rounded up to the nearest whole number as shown in Table B & C. E. Alternatives Considered We considered a number of alternatives to the revisit user fee program. Such alternatives were discussed in the final rule published on September 19, 2007 (72 FR 53647). We affirm the continuing validity of that analysis. The current Continuing Resolution provides CMS with the authority to continue projects or activities as was otherwise provided for in FY 2007, and as such CMS is required to publish an interim final rule with comment. This interim final rule with comment merely updates the Congressional authority under which the rule operates. In accordance with Executive Order 12866, this rule has been reviewed by the Office of Management and Budget. List of Subjects in 42 CFR Part 488 Administrative practice and procedure, Health facilities, Medicare, Reporting and Recording requirements. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 42 CFR chapter IV, part 488 as set forth below: PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES 1. The authority citation for part 488 is revised to read as follows: Authority: Secs. 1102 and 1871 of the Social Security Act, unless otherwise noted (42 U.S.C. 1302 and 1395(hh)); Continuing Resolution Pub. L. 101-16 Division B of HR 3222. (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: December 3, 2007. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. Approved: December 13, 2007. Michael O. Leavitt, Secretary. [FR Doc. 07-6093 Filed 12-14-07; 12:13 pm]

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