Federal Register/Vol. 74, No. 28/Thursday, February 12, 2009/Proposed Rules

section will be closed to all vessels whenever environmental conditions exceed the operational limitations of the relevant Coast Guard search and rescue
resources as determined by the COTP. When a bar is closed, the operation of any vessel in the regulated navigation

area established in paragraph (a)of this section in which the closed bar is located is prohibited unless specifically authorized by the COTP orhis designated representative.

-(iii)The Coast Guard will notify the public ofbar restrictions and bar closures viaa Broadcast Notice to Mariners on VHF-FM Channel 16 and 22A. Additionally, Coast Guard personnel may be on-scene to advise the public ofanybar restrictions and/or closures.

(2) SafetyRequirements for RecreationalVessels. The operator of
any recreational vessel operating in a regulated navigation area established in paragraph (a) ofthis section shall ensure that whenever their vessel isbeing towed or escorted across abarby the Coast Guard allpersons located in any unenclosed areas oftheir vessel are wearing lifejackets and that lifejackets

are immediately available for/to all
persons located in any enclosed areas of their vessel.

(3) SafetyRequirements for UninspectedPassenger Vessels (UPV). (i) The master oroperator ofany uninspected passenger vessel operating in aregulated navigation area established in paragraph (a) ofthis section shall ensure that all persons located in any unenclosed areas oftheir vessel are wearing lifejackets and that lifejackets are immediately available for/
to all persons located in any enclosed

areas oftheir vessel:

(A) When crossing the bar and abar restriction exists for recreational vessels ofthe same length or

(B) Whenever their vessel is being towed orescorted across the bar bythe Coast Guard.

(ii) The master or operator of any uninspected passenger vessel operating in aregulated navigation area established in paragraph (a) ofthis section during the conditions described in paragraph (c)(3)(i)(A) ofthis section shall contact the Coast Guard onVHFFM Channel 16prior to crossing the bar between sunset and sunrise. The master

or operator shall report the following:

(A) Vessel name, (B) Vessel location orposition; (C) Number ofpersons onboard the vessel, and

(D) Vessel destination. (4) SafetyRequirements forSmall Passenger Vessels (SPV). (i) The master oroperator ofany small passenger vessel operating in a regulated navigation area established in paragraph (a) ofthis section shall ensure that all persons located in any unenclosed areas oftheir vessel are wearing lifejackets and that lifejackets

are immediately available for/to all
persons located inany enclosed areas of their vessel:

(A) When crossing the bar and abar restriction exists for recreational vessels

or uninspected passenger vessels ofthe

same length or

(B) Whenever their vessel is being towed or escorted across the bar by the Coast Guard.

(ii) Small passenger vessels withbar crossing plans that have been reviewed by and accepted by the Officer in Charge ofMarine Inspection (OCMI) are exempt from the safety requirements provided in paragraph (c)(4)(i) ofthis section during the conditions described in paragraph (c)(4)(i)(A) ofthis section so long as when crossing the bar the master

or operator ensures that all persons on their vessel wear lifejackets in accordance with their bar crossing plan. Ifthe vessel's bar crossing plan does not specify the conditions whenthe persons
on their vessel must wear lifejackets, however, then the master or operator must comply with the safety requirements provided in paragraph (c)(4)(i) of this section intheir entirety.

(iii)The master oroperator ofany small passenger vessel operating in a regulated navigation area established in paragraph (a)ofthis section during the conditions described in paragraph (c)(4)(i)(A) ofthis section shall contact the Coast Guard on VHF-FM Channel 16 prior to crossing the bar between
sunset and sunrise. The master or operator shall report the following:

(A) Vessel name, (B) Vessel location orposition, (C) Number ofpersons onboard the vessel, and

(D) Vessel destination. (5) SafetyRequirements for CommercialFishingVessels (CFV). (i) The master or operator ofany commercial fishing vessel operating in a regulated navigation area established in paragraph (a)ofthis section shall ensure that all persons located in any unenclosed areas oftheir vessel are wearing lifejackets or immersion suits and that lifejackets or immersion suits

are immediately available for/to all persons located in any enclosed spaces oftheir vessel:

(A) When crossing the bar and a bar restriction exists forrecreational vessels

oruninspected passenger vessels ofthe

same length or (B) Whenever their vessel is being towed or escorted across the bar by the Coast Guard.

(ii) The master oroperator ofany commercial fishing vessel operating in a regulated navigation area established in paragraph (a) ofthis section during the conditions described in paragraph (c)(5)(i)(A) ofthis section shall contact the Coast Guard on VHF-FM Channel 16prior to crossing the bar between
sunset and sunrise. The master or operator shallreport the following:

(A) Vessel name, (B) Vessel location orposition, (C) Number ofpersons onboard the vessel, and

(D) Vessel destination. (6) All persons and vessels within the regulated navigation areas established in paragraph (a)ofthis section must comply with the orders ofCoast Guard personnel. Coast Guard personnel include commissioned, warrant, and petty officers ofthe United States Coast Guard.

PART 177-CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS

3. The authority citation forpart 177 continues to read as follows:

Authority: 46-U.S.C. 4302, 4311; Pub. L. 103-206, 107 Stat. 2439;49 CFR 1.45 and 1.46.

4. In § 177.07, remove paragraph (f) and redesignate paragraph (g) as paragraph (f).

5. Remove § 177.08 and redesignate § 177.09 as § 177.08.

Dated: January 15, 2009.
J.P. Currier, RearAdmiral,U.S. CoastGuard,Commander, ThirteenthCoastGuard District.. [FR Doc.E9-2592 Filed 2-11-09; 8:45 am]

BILUNG CODE 4910-15-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 50 and 51 [EPA-HO-OAR-2007-0956; FRL-8772-81

RIN-2060-AO63
Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient Air QualityStandard: Revision on Subpart 1Area Reclassificationand AntiBacksliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision

AGENCY: Environmental Protection Agency (EPA). 

### 7027Federal Register/Vol. 74, No. 28/Thursday, February 12, 2009/Proposed Rules

ACTION: Notice ofpublic hearing and extension ofcomment period.

SUMMARY: The EPA is announcing a public hearing to be held for the proposed rule "Proposed Rule to Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion ofObsolete 1-Hour Ozone Standard Provision" which published in the Federal Register

on January 16, 2009. The hearing will be held in Washington, DC, on Monday, March 2, 2009.

EPA is also announcing an extension ofthe public comment period on our proposed rule. EPA is extending the
comment period that originally ends on February 17, 2009. The extended
comment period will close on April 1, 2009.

In thisnotice ofproposed rulemaking, EPA proposed to revise the rule for implementing the 1997 8-hour ozone national ambient air quality standard (NAAQS) for several ofthe limited portions ofthe rulevacated bythe U.S. Circuit Court ofAppeals for the District ofColumbia. The proposal addresses the classification system forthe subset of initial 8-hour ozone nonattainment

areas that the implementation rule originally covered under Clean Air Act "(CAA)title I, partD, subpart 1.The proposal also addresses how 1-hour

ozone contingency measures that apply for failure to attain ormake reasonable progress toward attainment ofthe 1- hour standard should apply under the anti-backsliding provisions ofthe implementation rule. In addition, the proposal removes language relating to the vacated provisions ofthe rule that provided exemptions from the requirements ofnonattainment new

source review (NSR)and CAA section 185 penalty fees under the 1-hour standard. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning these proposed changes. DATES: PublicHearing. The public hearing will be held on March 2, 2009.

Comments.Comments mustbe received on or before April 1, 2009. ADDRESSES: PublicHearing. The hearing will be held at U.S. Environmental Protection Agency, EPA East, Room 1153, 1200 Pennsylvania Avenue, Washington, DC 20004. The public hearing will start at 10 a.m. and end at 3 p.m.Because this hearing isbeing held at U.S. government facilities, everyone planning to attend the hearing should be prepared to show valid picture identification to the security staff in order to gain access to the meeting room. In addition, you will need to obtain a property pass for any personal belongings you bring with you. Upon leavingthe building, you will be required to return this property pass to the security desk:.No large signs will be allowed in the building, cameras may ohlybe used inside the classroom and outside ofthe building and demonstrations will notbe allowed on Federal property for security reasons.

Comments. Submit your comments, identified by Docket ID No. EPA-HQOAR-2007-0956, by one ofthe following methods:

9 http://www.regulations.gov:Follow the on-line instructions for submitting
comments.

" E-mail:a-and-r-docket@epa.gov. " Fax:(202) 566-9744 " Mail:Air and Radiation Docket and Information Center, Attention Docket ID No. EPA-HQ-OAR-2007-0956, Environmental Protection Agency, 1301 Constitution Ave

, NW., Washingtton, DC 20460. Mail Code: 2822T.Please include two copies ifpossible.

e HandDelivery:Air and Radiation Docket and Information Center, Attention Docket ID No. EPA-HQOAR-2007-0956, Environmental Protection Agency inthe EPA Headquarters Library, Room Number 3334 inthe EPA West Building, located at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation will be 8:30 a.m.to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday, Air andRadiation Docket and Information Center.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2007- 0956. The EPA's policy is that all comments received will be included in the public docket without change and
may be made available on-line at http://www.regulations.gov, including
any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI

orotherwise protected through http:// www.regulations.gov,or e-mail. The http://www.regulations.govWeb Site is

an "anonymous access" system, which

meansEPA will not know your identity

orcontact information unless you provide it inthe body ofyour comment.

Ifyou send an e-mail comment directly toEPA without going through http://www.regulations.gov, your e-mail address will be automatically captured and included aspart ofthe comment that is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include your

name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit.IfEPA
cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may notbe able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free ofany defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Centerhomepage athttp:// www.epa.gov/epahome/dockets.htm.

Docket:All documents in the docket

are listed in http://www.regulations.gov. Although listed in the index, some information is notpublicly available, i.e., CBI or other information whose disclosure isrestricted by statute. Certain other material, such as copyrighted material, is notplaced on the Internet and will bepublicly available only in hard copy form. Publicly available docket materials are available either electronically inhttp:// www.regulations.govor inhard copy at the EPA Docket Center (Air Docket), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744.

The EPA Web site for the rulemaking, which includes the proposal and information aboutthe public hearing,

can be found at: http://www.epa.gov/ttn naaqs/ozone/o3imp8hr/.
FOR FURTHER INFORMATION CONTACT: If you would like to speak at the public hearing, please contact Ms. Pamela Long, U.S. Environmental Protection Agency, OAQPS, Air Quality Planning Division, (C504-03), Research Triangle Park, NC 27711, telephone (919) 541- 0641, fax number (919) 541-5509, email address long.pam@epa.govno later than February 27, 2009. Ifyou have any questions on the public hearing, please
contact Ms. Long at the above number.

Questions concerning the January 16, 2009, proposed rule should be addressed to Mr. John Silvasi, U.S. EPA, Office ofAir Quality Planning and Standards, Air Quality Policy Division, (C539-01), Research Triangle Park, NC 27711, telephone number (919) 541- 5666, e-mail at silvasi.john@epa.gov. SUPPLEMENTARY INFORMATION: The January 16, 2009, notice ofproposed rulemaking proposes to revise the rule 

### I 7028Federal Register/Vol. 74, No. 28/Thursday, February 12, 2009/Proposed Rules

forimplementing the 1997 8-hour ozone NAAQS for several of the limited portions ofthe rule vacated by the U.S. Circuit Court ofAppeals for the District ofColumbia. The proposal addresses the classification system for the subset of initial 8-hour ozone nonattainment

areas that the implementation rule originally covered under CAA title I, partD, subpart 1. The proposal also addresses how 1-hour ozone contingency measures that apply for failure to attain or make reasonable progress toward attainment ofthe 1- hour standard should apply under the anti-backsliding provisions ofthe implementation rule. In addition, the proposal removes language relating to the vacated provisions ofthe rule that provided exemptions from the requirements ofnonattainment NSR and CAA section 185 penalty fees under the 1-hour standard.

PublicHearing: The proposal for which EPA is holding the public hearing was published in the Federal Register on January 16, 2009, (74 FR 2936) and is available at: http:// www.epa.gov/ttn/naaqs/ozone/ o3imp8hr/and also in the docket identified below. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning the proposal. The EPA may askclarifying questions during the oral presentations, but will not respond to the presentations atthat time. Written statements and supporting information submitted during the
commentperiod willbe considered with the same weight as any oral
comments and supporting information presented at the public hearing. Written
comments on the proposed rule mustbe postmarked by April 1,2009, which is the extended closing date for the
comment period.

Commenters should notify Ms. Long if they will need specific equipment, orif there are other special needs related to providing comments at the hearing. The EPA willprovide equipment for
commenters to show overhead slides or make computerized slide presentations ifwe receive special requests in advance. Oral testimony will-be limited
to 5 minutes for each commenter. The EPA encourages commenters to provide EPA with a copy oftheir oral testimony electronically (viae-mail or CD) orin hard copy form.

The hearing schedule, including lists ofspeakers, will be posted on EPA's Web site http://www.epa.gov/ttn/naaqsl o3imp8hr/.Verbatim transcripts ofthe hearing and written statements will be included in the docket forthe rulemaking. How CanI Get Copies ofThis Document and Other Related Information?

The EPA has established a docket for the proposed rule ."ProposedRule to Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart I Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion ofObsolete 1-Hour Ozone Standard Provision" under Docket IDNo. EPA-HQ-OAR2007-0956 (available athttp:/I www.regulations.gov).

As stated previously, the proposed rule was published in the Federal Register on January 16, 2009 (74 FR 2936) and is available at http:// www.epa.gov/ttn/naaqs/ozone/ o3imp8hr/andin the above-cited docket.

Dated: February 5,2009. MaryE. Henigin, ActingDirector, Officeof AirQualityPlanning andStandards. [FRDoc. E9-3051 Filed 2-11-09; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare &Medicaid Services

42 CFR Part 414

[CMS-1561-NC]

RIN 0938-AP59

Medicare Program; Changes to the Competitive Acquisition ofCertain Durable Medical Equipment, Prosthetics,Orthotics and Supplies (DMEPOS) byCertain Provisions ofthe Medicare Improvements for Patients and ProvidersAct of 2008 (MIPPA)

Correction

In proposed rule document E9-2839 beginning on page 6557 in the issue of Tuesday, February 10, 2009, make the following correction:

On page 6557, in the third column, in the DATES heading, "February 13, 2009" should read "February 12, 2009". [FRDoc.Z9-2839 Filed 2-10-09; 4:15 pm)

BILLING CODE 1505-01-0 SUMMARY: This proposed rule provides interested parties an opportunity to comment onthe proposed sector operations plan and supplemental environmental assessment (EA)prior to final approval or disapproval ofthe
sector operations plan and allocation of

aGeorges Bank (GB) cod total allowable catch (TAC)to the GB Cod Fixed Gear Sector (Fixed Gear Sector) for fishing
year (FY) 2009.

Framework Adjustment (FW)42 to the Northeast (NE)Multispecies Fishery Management Plan (FMP) implemented the Fixed Gear Sector and authorized allocation ofup to 20 percent ofthe annual GB cod TAC to the Fixed Gear Sector. Pursuant to that authorization, a representative ofthe Fixed Gear Sector has submitted an operations plan and
sector agreement (contract), and requested an allocation ofGB cod to the Fixed Gear Sector forFY 2009. DATES: Written comments must be received on orbefore February 27, 2009. ADDRESSES: You may submit comments, identifiedby 0648-XM12, by any one of the following methods:

* Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: http:/ www.regulations.gov,

* Fax: (978) 281-9135, Attn: Mark Grant,

* Mail: 55 Great Republic Drive, Gloucester, MA 01930.

Instructions: All comments received

are part ofthe public record and will generally be posted to http:// www.regulations.govwithout change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not 

### 71129

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648 [Docket No. 090123054-9058-01]
RIN 0648-XM12
Magnuson-Stevens Act Provisions; Fisheries ofthe Northeastern United States; Northeast Multispecies Fishery; 2009 Georges Bank Cod Fixed Gear Sector Operations Plan and Agreement, andAllocation ofGeorges Bank Cod Total Allowable Catch
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for
comments.