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Dated February 23

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									                                                              Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations                                            8867

                                            that before a rule may take effect, the                 15.31 tons per summer day of volatile                 transportation, Incorporation by
                                            agency promulgating the rule must                       organic compounds (VOC) and 28.53                     reference, Indian lands,
                                            submit a rule report, which includes a                  tons per summer day of nitrogen oxides                Intergovernmental relations, Penalties,
                                            copy of the rule, to each House of the                  (NOX) to be used in transportation                    Reporting and recordkeeping
                                            Congress and to the Comptroller General                 conformity in the Boston-Manchester-                  requirements.
                                            of the United States. EPA will submit a                 Portsmouth (SE), New Hampshire                          Authority: This action is issued under the
                                            report containing this action and other                 moderate 8-hour ozone nonattainment                   authority of section 2002(a), 3006 and
                                            required information to the U.S. Senate,                area.                                                 7004(b) of the Solid Waste Disposal Act, as
                                            the U.S. House of Representatives, and                  [FR Doc. E9–4134 Filed 2–26–09; 8:45 am]              amended, 42 U.S.C. 6912(a), 6926 and
                                            the Comptroller General of the United                                                                         6974(b).
                                                                                                    BILLING CODE 6560–50–P
                                            States prior to publication of the rule in                                                                      Dated: February 23, 2009.
                                            the Federal Register. A major rule                                                                            William Rice,
                                            cannot take effect until 60 days after it               ENVIRONMENTAL PROTECTION                              Acting Regional Administrator, Region 7.
                                            is published in the Federal Register.                   AGENCY                                                [FR Doc. E9–4231 Filed 2–26–09; 8:45 am]
                                            This action is not a ‘‘major rule’’ as
                                                                                                                                                          BILLING CODE 6560–50–P
                                            defined by 5 U.S.C. 804(2).                             40 CFR Part 271
                                               Under section 307(b)(1) of the Clean
                                            Air Act, petitions for judicial review of               [EPA–RO7–RCRA–2008–0830; FRL–8778–1]
                                            this action must be filed in the United                                                                       DEPARTMENT OF HEALTH AND
                                                                                                    Nebraska: Final Authorization of State
                                            States Court of Appeals for the                                                                               HUMAN SERVICES
                                                                                                    Hazardous Waste Management
                                            appropriate circuit by April 28, 2009.
                                                                                                    Program Revisions; Withdrawal of                      Centers for Medicare & Medicaid
                                            Filing a petition for reconsideration by
                                                                                                    Immediate Final Rule                                  Services
                                            the Administrator of this final rule does
                                            not affect the finality of this action for              AGENCY: Environmental Protection
                                            the purposes of judicial review nor does                Agency (EPA).                                         42 CFR Parts 401 and 405
                                            it extend the time within which a                       ACTION: Withdrawal of immediate final                 [CMS–4064–RCN2]
                                            petition for judicial review may be filed,              rule.
                                            and shall not postpone the effectiveness                                                                      RIN 0938–AM73
                                            of such rule or action. This action may                 SUMMARY:    Because EPA received
                                            not be challenged later in proceedings to               adverse comment, we are withdrawing                   Medicare Program; Changes to the
                                            enforce its requirements. (See section                  the immediate final rule for Nebraska:                Medicare Claims Appeal Procedures;
                                            307(b)(2).)                                             Final Authorization of State Hazardous                Continuation of Effectiveness and
                                                                                                    Waste Management Program Revisions,                   Extension of Timeline for Publication
                                            List of Subjects in 40 CFR Part 52                      published on December 30, 2008.                       of Final Rule
                                              Environmental protection, Air                         DATES: Effective February 27, 2009, EPA
                                            pollution control, Carbon monoxide,                                                                           AGENCY: Centers for Medicare &
                                                                                                    withdraws the immediate final rule
                                            Incorporation by reference,                                                                                   Medicaid Services (CMS), HHS.
                                                                                                    published at 73 FR 79661 on December
                                            Intergovernmental relations, Lead,                      30, 2008.                                             ACTION: Interim final rule with comment
                                            Nitrogen dioxide, Ozone, Particulate                                                                          period; continuation of effectiveness
                                                                                                    FOR FURTHER INFORMATION CONTACT: Lisa
                                            matter, Reporting and recordkeeping                                                                           and extension of timeline for
                                                                                                    Haugen, Immediate Office, Air and
                                            requirements, Sulfur oxides, Volatile                                                                         publication of final rule.
                                                                                                    Waste Management Division, EPA
                                            organic compounds.                                      Region 7, 901 North 5th Street, Kansas                SUMMARY: This notice announces the
                                              Dated: January 27, 2009.                              City, Kansas 66101, telephone (913)                   continuation of effectiveness of a
                                            Ira W. Leighton,                                        551–7877, haugen.lisa@epa.gov.                        Medicare interim final rule with
                                            Acting Regional Administrator, EPA New                  SUPPLEMENTARY INFORMATION: Because                    comment period and the extension of
                                            England.                                                EPA received adverse comment, we are                  the timeline for publication of the final
                                            ■ Part 52 of chapter I, title 40 of the                 withdrawing the immediate final rule                  rule. This notice is issued in accordance
                                            Code of Federal Regulations is amended                  for Nebraska: Final Authorization of                  with section 1871(a)(3)(C) of the Social
                                            as follows:                                             State Hazardous Waste Management                      Security Act (the Act), which allows an
                                                                                                    Program Revisions published on                        interim final rule to remain in effect
                                            PART 52—[AMENDED]                                       December 30, 2008 (73 FR 79661). We                   after the expiration of the timeline
                                            ■ 1. The authority citation for part 52                 stated in that immediate final rule that              specified in section 1871(a)(3)(B) of the
                                            continues to read as follows:                           if we received adverse comment by                     Act (the ‘‘regular timeline’’) or, if
                                                                                                    January 29, 2009, the immediate final                 applicable, at the end of each
                                                Authority: 42 U.S.C. 7401 et seq.                   rule would not take effect and we would               succeeding 1-year extension to the
                                            Subpart EE—New Hampshire                                publish a timely withdrawal in the                    regular timeline, if prior to the
                                                                                                    Federal Register. We will address the                 expiration of the timeline, the Secretary
                                            ■ 2. Section 52.1534 is amended by                      comment in a subsequent final action.                 publishes in the Federal Register a
                                            adding paragraph (d) to read as follows:                As stated in the immediate final rule                 notice of continuation and explains why
                                                                                                    and the parallel proposed rule, we will               the regular timeline or any subsequent
                                            § 52.1534    Control strategy: Ozone.                   not institute a second comment period                 extension was not complied with.
                                            *     *    *     *    *                                 in this action.                                       DATES: Effective Date: February 27,
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                                              (d) Approval—Revision to the State                                                                          2009.
                                            Implementation Plan submitted by the                    List of Subjects in 40 CFR Part 271
                                            New Hampshire Department of                               Environmental protection,                           FOR FURTHER INFORMATION CONTACT:
                                            Environmental Services on May 28,                       Administrative practice and procedure,                David Danek, (617) 565–2682. Arrah
                                            2008. This revision establishes Year                    Confidential business information,                    Tabe-Bedward, (410) 786–7129.
                                            2009 motor vehicle emission budgets of                  Hazardous waste, Hazardous waste                      SUPPLEMENTARY INFORMATION:



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                                            8868              Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations

                                            I. Background                                           no later than March 1, 2008. However,                 licenses and construction permits, to
                                              Section 1871(a)(3)(A) of the Act                      on February 29, 2008, we published in                 conform to the new, June 12, 2009,
                                            requires the Secretary, in consultation                 the Federal Register a continuation                   transition date. It announces the
                                            with the Director of the Office of                      notice entitled ‘‘Medicare Program;                   Commission’s intent to apply the
                                            Management and Budget (OMB), to                         Changes to the Medicare Claims Appeal                 provisions of the Analog Nightlight
                                            establish and publish a regular timeline                Procedures; Continuation of                           Order to the period after June 12, 2009.
                                            for the publication of a final rule based               Effectiveness and Extension of Timeline               And, it established March 17, 2009 as
                                            on the previous publication of a                        for Publication of Final Rule’’ to extend             the date by which stations must notify
                                            proposed rule or an interim final rule.                 the timeline for publication of the final             the Commission of their planned timing
                                            In accordance with section 1871(a)(3)(B)                rule for 1 year until March 1, 2009 (73               to complete their transition and April
                                            of the Act, such regular timeline may                   FR 11043).                                            16, 2009 as the first date on which
                                            vary among different regulations, based                    This notice announces an additional                stations can terminate analog signals.
                                            on the complexity of the rule, the                      extension of the timeline for publication             DATES: Effective February 27, 2009,
                                            number and scope of the comments                        of the final rule and the continuation of             except for §§§ 15.124, 54.418, and
                                            received, and other relevant factors. The               effectiveness of the March 2005 interim               76.1630, which are effective April 1,
                                            timeline for publishing the final                       final rule with comment period. We are                2009.
                                            regulation, however, cannot exceed 3                    not able to meet the timeline for
                                                                                                                                                          ADDRESSES: Federal Communications
                                            years from the date of publication of the               publication of the final rule due to the
                                                                                                    need to allow an opportunity for full                 Commission, 445 12th Street, SW.,
                                            proposed or interim final rule, unless                                                                        Washington, DC 20554.
                                            there are exceptional circumstances.                    consideration of issues of law and
                                                                                                    policy raised in the regulation. We                   FOR FURTHER INFORMATION CONTACT: For
                                            After consultation with the Director of                                                                       more information, please contact Nazifa
                                            OMB, we published a notice in the                       believe it is necessary and appropriate
                                                                                                    to delay publication of this final rule in            Sawez, Nazifa.Sawez@fcc.gov, at 202–
                                            Federal Register on December 30, 2004                                                                         418–7059 or Shaun Maher,
                                            (69 FR 78442) establishing a general 3-                 order to afford the President’s
                                                                                                    appointees and designees an                           Shaun.Maher@fcc.gov, at 202–418–
                                            year timeline for finalizing a Medicare                                                                       2324, of the Video Division, Media
                                            proposed and an interim final rule.                     opportunity to further review and
                                                                                                    consider the laws and policies that will              Bureau; or Evan Baranoff,
                                              Section 1871(a)(3)(C) of the Act states
                                                                                                    be set forth in the final rule.                       Evan.Baranoff@fcc.gov, at 202–418–
                                            that a Medicare interim final rule shall
                                                                                                       Therefore, this notice extends the                 7142; Lyle Elder, Lyle.Elder@fcc.gov, at
                                            not continue in effect if the final rule is
                                                                                                    timeline for publication of the final rule            202–418–2120; or Kim Matthews,
                                            not published before the expiration of
                                                                                                    until March 1, 2010. In accordance with               Kim.Matthews@fcc.gov, at 202–418–
                                            the regular timeline and, if applicable,
                                                                                                    section 1871(a)(3)(C) of the Act, the                 2154, of the Policy Division, Media
                                            before the expiration of each succeeding
                                                                                                    interim final rule with comment period                Bureau; or Eloise Gore,
                                            one-year period, unless the Secretary
                                                                                                    shall remain in effect through March 1,               Eloise.Gore@fcc.gov, at 202–418–7200,
                                            publishes at the end of the regular
                                                                                                    2010 (unless the final rule is published              of the Media Bureau. For additional
                                            timeline and any subsequent 1-year
                                                                                                    and becomes effective before March 1,                 information concerning the Paperwork
                                            extension a notice of continuation that
                                                                                                    2010).                                                Reduction Act information collection
                                            includes an explanation of why the
                                                                                                                                                          requirements contained in this
                                            regular or previously extended timeline                 (Catalog of Federal Domestic Assistance
                                                                                                    Program No. 93.773, Medicare—Hospital
                                                                                                                                                          document, contact Cathy Williams on
                                            was not met. Upon publication of such
                                                                                                    Insurance Program; and No. 93.774,                    (202) 418–2918, or via the Internet at
                                            a notice, the regular timeline or such
                                                                                                    Medicare—Supplementary Medical                        PRA@fcc.gov.
                                            timeline as previously extended for
                                                                                                    Insurance Program)                                    SUPPLEMENTARY INFORMATION:     This is a
                                            publishing the final rule is extended for
                                            1 year.                                                   Dated: February 23, 2009.                           summary of the Commission’s Second
                                                                                                    Ashley Files Flory,                                   Report and Order, FCC 09–11, adopted
                                            II. Notice of Continuation                                                                                    and released on February 20, 2009. (The
                                                                                                    Deputy Executive Secretary to the
                                               Section 521 of the Medicare,                         Department.                                           companion Notice of Proposed
                                            Medicaid, and SCHIP Benefits                            [FR Doc. E9–4223 Filed 2–26–09; 8:45 am]              Rulemaking (NPRM) to this document is
                                            Improvement and Protection Act of                       BILLING CODE 4120–01–P
                                                                                                                                                          published elsewhere in this issue of the
                                            2000 (BIPA), amended section 1869 of                                                                          Federal Register.) The full text of this
                                            the Act to provide for significant                                                                            document is available for public
                                            changes to the Medicare claims appeal                   FEDERAL COMMUNICATIONS                                inspection and copying during regular
                                            procedures. On November 15, 2002, we                    COMMISSION                                            business hours in the FCC Reference
                                            published in the Federal Register a                                                                           Center, Federal Communications
                                            proposed rule (67 FR 69312) consistent                  47 CFR Parts 15, 27, 54, 73, 76, and 90               Commission, 445 12th Street, SW., CY–
                                            with Section 521 of BIPA. An interim                                                                          A257, Washington, DC 20554. These
                                            final rule with comment period                          [MB Docket No. 09–17; FCC 09–11]                      documents will also be available via
                                            implementing the BIPA provisions as                                                                           ECFS (http://www.fcc.gov/cgb/ecfs/).
                                                                                                    Implementation of the DTV Delay Act
                                            well as further changes to the claim                                                                          (Documents will be available
                                            appeals procedures enacted in Title IX                  AGENCY: Federal Communications                        electronically in ASCII, Word 97, and/
                                            of the Medicare Prescription Drug,                      Commission.                                           or Adobe Acrobat.) The complete text
                                            Improvement, and Modernization Act of                   ACTION: Final rule.                                   may be purchased from the
                                            2003 (MMA) appeared in the Federal                                                                            Commission’s copy contractor, 445 12th
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                                            Register in March 2005 (70 FR 11420).                   SUMMARY: This document issues the                     Street, SW., Room CY–B402,
                                            Under the regular timeline for                          final rules in the Second Report and                  Washington, DC 20554. To request this
                                            publication of a final rule, we were                    Order implementing the DTV Delay Act.                 document in accessible formats
                                            required to publish a final rule                        It amends the requirements of the DTV                 (computer diskettes, large print, audio
                                            responding to public comments on the                    Consumer Education Initiative, as well                recording, and Braille), send an e-mail
                                            interim final rule with comment period                  as extending the duration of certain                  to fcc504@fcc.gov or call the


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