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15264 Federal Register / Vol. 70, No.

57 / Friday, March 25, 2005 / Proposed Rules

APPENDIX B TO SUBPART T—GENERAL PROVISIONS APPLICABILITY TO SUBPART T


Applies to subpart T
Reference Comment
BCC BVI

* * * * * * *
§ 63.1(c)(2) ......................... Yes ..................................... Yes ..................................... Subpart T, § 63.460(h) exempts area sources subject
to this subpart from the obligation to obtain Title V
operating permits.

* * * * * * *

Subpart RRR—[Amended] (e) If you are an owner or operator of subpart. Notwithstanding the previous
an area source subject to this subpart, sentence, you must continue to comply
9. Section 63.1500 is amended by you are exempt from the obligation to with the provisions of this subpart
revising paragraph (e) to read as follows: obtain a permit under 40 CFR part 70 or applicable to area sources.
71, provided you are not required to * * * * *
§ 63.1500 Applicability.
obtain a permit under 40 CFR 70.3(a) or 10. Appendix A to Subpart RRR is
* * * * * 71.3(a) for a reason other than your amended by revising the entry for
status as an area source under this § 63.1(c)(2) to read as follows:
APPENDIX A TO SUBPART RRR—GENERAL PROVISIONS APPLICABILITY TO SUBPART RRR
Citation Requirement Applies to RRR Comment

* * * * * * *
§ 63.1(c)(2) ......................... ............................................ Yes ..................................... § 63.1500(e) exempts area sources subject to this sub-
part from the obligation to obtain Title V operating
permits.

* * * * * * *

PART 70—[AMENDED] § 71.3 [Amended] published in the Federal Register on


2. Section 71.3 is amended by February 4, 2005, (70 FR 6140). The
1. The authority citation for part 70 removing and reserving paragraph proposed rule sets forth the
continues to read as follows: (b)(3). requirements that heart, heart-lung,
Authority: 42 U.S.C. 7401, et seq. intestine, kidney, liver, lung, and
[FR Doc. 05–5932 Filed 3–24–05; 8:45 am]
pancreas transplant centers would be
BILLING CODE 6560–50–P
2. Section 70.3 is amended as follows: required to meet to participate as
a. By revising paragraph (a) Medicare-approved transplant centers.
introductory text. These proposed revised requirements
DEPARTMENT OF HEALTH AND focus on an organ transplant center’s
b. By removing and reserving HUMAN SERVICES ability to perform successful transplants
paragraph (b)(3). and deliver quality patient care as
c. By revising paragraph (b)(4) Centers for Medicare & Medicaid
evidenced by good outcomes and sound
introductory text. Services
policies and procedures. We also
§ 70.3 Applicability.
proposed that approval, as determined
42 CFR Parts 405, 482, and 488
by a center’s compliance with the
(a) Part 70 sources. A State program [CMS–3835–N] proposed data submission, outcome,
with whole or partial approval under and process requirements would be
this part must provide for permitting of RIN 0938–AH17
granted for 3 years. Every 3 years,
the following sources: Medicare Program; Hospital approvals would be renewed for
* * * * * Conditions of Participation: transplant centers that continue to meet
(b) * * * Requirements for Approval and Re- these requirements. We proposed these
Approval of Transplant Centers To revised requirements to ensure that
(4) The following source categories transplant centers continually provide
are exempted from the obligation to Perform Organ Transplants; Extension
of Comment Period high-quality transplantation services in
obtain a part 70 permit: a safe and efficient manner. The
* * * * * AGENCY: Centers for Medicare & comment period for the proposed rule is
Medicaid Services (CMS), HHS. extended for 60 days.
PART 71—[AMENDED]
ACTION: Notice of extension of comment DATES: The comment period is extended
1. The authority citation for part 71 period for proposed rule. to 5 p.m. on June 6, 2005.
continues to read as follows: SUMMARY: This notice extends the ADDRESSES: In commenting, please refer
Authority: 42 U.S.C. 7401 et seq. comment period for a proposed rule to file code CMS–3835–P. Because of

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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Proposed Rules 15265

staff and resource limitations, we cannot new technical, structural, and the goal of improving OPO performance
accept comments by facsimile (FAX) performance requirements, including and increasing organ donation. The
transmission. new procedures for approval and re- comment period is extended for 60
You may submit comments in one of approval of transplant centers and new days.
three ways (no duplicates, please): outcome performance measures. Due to DATES: Effective Date: The comment
1. Electronically. You may submit the large number of proposed new period is extended to 5 p.m. on June 6,
electronic comments on specific issues requirements and the technical nature of 2005.
in this regulation to http:// the proposed outcome performance ADDRESSES: In commenting, please refer
www.cms.hhs.gov/regulations/ measures, we are extending the to file code CMS–3064–P. Because of
ecomments. (Attachments should be in comment period to ensure sufficient staff and resource limitations, we cannot
Microsoft Word, WordPerfect, or Excel; time for the public to review and accept comments by facsimile (FAX)
however, we prefer Microsoft Word.) comment on the proposed requirements. transmission.
2. By mail. You may mail written Therefore, we are extending the public You may submit comments in one of
comments (one original and two copies) comment period for an additional 60 three ways (no duplicates, please):
to the following address only: Centers days, until June 6, 2005. We believe the 1. Electronically. You may submit
for Medicare & Medicaid Services, revised date will allow sufficient time electronic comments on specific issues
Department of Health and Human for the public to provide comments. in this regulation to http://
Services, Attention: CMS–3835–P, P.O. Authority: Sections 1102 and 1871 of the www.cms.hhs.gov/regulations/
Box 8013, Baltimore, MD 21244–8013. Social Security Act (42 U.S.C. 1302, 1395hh). ecomments. (Attachments should be in
Please allow sufficient time for mailed Microsoft Word, WordPerfect, or Excel;
(Catalog of Federal Domestic Assistance
comments to be received before the Program No. 93.778, Medical Assistance however, we prefer Microsoft Word.)
close of the comment period. Program; No. 93.773, Medicare—Hospital 2. By mail. You may mail written
3. By hand or courier. If you prefer, Insurance Program; and No. 93.774, comments (one original and two copies)
you may deliver (by hand or courier) Medicare—Supplementary Medical to the following address ONLY: Centers
your written comments (one original Insurance Program) for Medicare & Medicaid Services,
and two copies) before the close of the Dated: March 14, 2005. Department of Health and Human
comment period to one of the following Mark B. McClellan, Services, Attention: CMS–3064–P, P.O.
addresses. If you intend to deliver your Administrator, Centers for Medicare & Box 8015, Baltimore, MD 21244–8015.
comments to the Baltimore address, Medicaid Services. Please allow sufficient time for mailed
please call telephone number (410) 786– Approved: March 18, 2005. comments to be received before the
9994 in advance to schedule your Michael O. Leavitt, close of the comment period.
arrival with one of our staff members. 3. By hand or courier. If you prefer,
Secretary.
Room 445–G, Hubert H. Humphrey you may deliver (by hand or courier)
Building, 200 Independence Avenue, [FR Doc. 05–5918 Filed 3–24–05; 8:45 am]
your written comments (one original
SW., Washington, DC 20201; or 7500 BILLING CODE 4120–01–P
and two copies) before the close of the
Security Boulevard, Baltimore, MD comment period to one of the following
21244–1850. addresses. If you intend to deliver your
(Because access to the interior of the DEPARTMENT OF HEALTH AND
HUMAN SERVICES comments to the Baltimore address,
HHH Building is not readily available to please call telephone number (410) 786–
persons without Federal Government Centers for Medicare & Medicaid 9994 in advance to schedule your
identification, commenters are Services arrival with one of our staff members.
encouraged to leave their comments in Room 445–G, Hubert H. Humphrey
the CMS drop slots located in the main 42 CFR Parts 413, 441, 486 and 498 Building, 200 Independence Avenue,
lobby of the building. A stamp-in clock SW., Washington, DC 20201; or 7500
is available for persons wishing to retain [CMS–3064–N]
Security Boulevard, Baltimore, MD
a proof of filing by stamping in and RIN 0938–AK81 21244–1850.
retaining an extra copy of the comments (Because access to the interior of the
being filed.) Medicare and Medicaid Programs; HHH Building is not readily available to
Comments mailed to the addresses Conditions for Coverage for Organ persons without Federal Government
indicated as appropriate for hand or Procurement Organizations (OPOs); identification, commenters are
courier delivery may be delayed and Extension of Comment Period encouraged to leave their comments in
received after the comment period. the CMS drop slots located in the main
AGENCY: Centers for Medicare &
FOR FURTHER INFORMATION CONTACT: Eva
Medicaid Services (CMS), HHS. lobby of the building. A stamp-in clock
Fung, (410) 786–7539. is available for persons wishing to retain
ACTION: Notice of extension of comment
SUPPLEMENTARY INFORMATION: On a proof of filing by stamping in and
period for proposed rule.
February 4, 2005 (70 FR 6140), we retaining an extra copy of the comments
published a proposed rule in the SUMMARY: This notice extends the being filed.)
Federal Register that set forth the comment period for a proposed rule Comments mailed to the addresses
requirements that heart, heart-lung, published in the Federal Register on indicated as appropriate for hand or
intestine, kidney, liver, lung, and February 4, 2005, (70 FR 6086). In that courier delivery may be delayed and
pancreas transplant centers would be rule, we proposed to establish new received after the comment period.
required to meet to participate as conditions for coverage for organ FOR FURTHER INFORMATION CONTACT:
Medicare-approved transplant centers. procurement organizations (OPOs), Marcia Newton, (410) 786–5265.
The proposed rule set forth the first including multiple new outcome and SUPPLEMENTARY INFORMATION: On
comprehensive hospital conditions of process performance measures based on February 4, 2005, we published a
participation (CoPs) for transplant donor potential and other related factors proposed rule in the Federal Register
centers that perform organ transplants. in each service area of qualified OPOs. (70 FR 6086) that would establish new
The proposed rule contains multiple We are proposing new standards with conditions for coverage for organ

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