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 or his

designated representative.

-(iii) The Coast Guard will notify the

public of bar restrictions and bar

closures via a Broadcast Notice to

Mariners on VHF-FM Channel 16 and

22A. Additionally, Coast Guard

personnel may be on-scene to advise the

public of any bar restrictions and/or

closures.

(2) Safety Requirements for

Recreational Vessels. The operator of

any recreational vessel operating in a

regulated navigation area established in

paragraph (a) of this section shall ensure

that whenever their vessel is being

towed or escorted across a bar by the

Coast Guard all persons located in any

unenclosed areas of their vessel are

wearing lifejackets and that lifejackets

are immediately available for/to all

persons located in any enclosed areas of

their vessel.

(3) Safety Requirements for

Uninspected Passenger Vessels (UPV).

(i) The master or operator of any

uninspected passenger vessel operating

in a regulated navigation area

established in paragraph (a) of this

section shall ensure that all persons

located in any unenclosed areas of their

vessel are wearing lifejackets and that

lifejackets are immediately available for/

to all persons located in any enclosed

areas of their vessel:

(A) When crossing the bar and a bar

restriction exists for recreational vessels

of the same length or

(B) Whenever their vessel is being

towed or escorted across the bar by the

Coast Guard.

(ii) The master or operator of any

uninspected passenger vessel operating

in a regulated navigation area

established in paragraph (a) of this

section during the conditions described

in paragraph (c)(3)(i)(A) of this section

shall contact the Coast Guard on VHFFM 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 or position;

(C) Number of persons onboard the

vessel, and

(D) Vessel destination.

(4) Safety Requirements for Small

Passenger Vessels (SPV).

(i) The master or operator of any small

passenger vessel operating in a

regulated navigation area established in

paragraph (a) of this section shall ensure

that all persons located in any

unenclosed areas of their vessel are

wearing lifejackets and that lifejackets

are immediately available for/to all

persons located in any enclosed areas of

their vessel:

(A) When crossing the bar and a bar

restriction exists for recreational vessels

or uninspected passenger vessels of the

same length or

(B) Whenever their vessel is being

towed or escorted across the bar by the

Coast Guard.

(ii) Small passenger vessels with bar

crossing plans that have been reviewed

by and accepted by the Officer in Charge

of Marine Inspection (OCMI) are exempt

from the safety requirements provided

in paragraph (c)(4)(i) of this section

during the conditions described in

paragraph (c)(4)(i)(A) of this 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.

If the vessel's bar crossing plan does not

specify the conditions when the 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 in their entirety.

(iii) The master or operator of any

small passenger vessel operating in a

regulated navigation area established in

paragraph (a) of this section during the

conditions described in paragraph

(c)(4)(i)(A) of this 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 or position,

(C) Number of persons onboard the

vessel, and

(D) Vessel destination.

(5) Safety Requirements for

Commercial Fishing Vessels (CFV). (i)

The master or operator of any

commercial fishing vessel operating in a

regulated navigation area established in

paragraph (a) of this section shall ensure

that all persons located in any

unenclosed areas of their 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

of their vessel:

(A) When crossing the bar and a bar

restriction exists for recreational vessels

or uninspected passenger vessels of the

same length or

(B) Whenever their vessel is being

towed or escorted across the bar by the

Coast Guard.

(ii) The master or operator of any

commercial fishing vessel operating in a

regulated navigation area established in

paragraph (a) of this section during the

conditions described in paragraph

(c)(5)(i)(A) of this 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 or position,

(C) Number of persons onboard the

vessel, and

(D) Vessel destination.

(6) All persons and vessels within the

regulated navigation areas established in

paragraph (a) of this section must

comply with the orders of Coast Guard

personnel. Coast Guard personnel

include commissioned, warrant, and

petty officers of the United States Coast

Guard.

PART 177-CORRECTION OF

ESPECIALLY HAZARDOUS

CONDITIONS

3. The authority citation for part 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. Coast Guard, Commander,

Thirteenth Coast Guard 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

Quality Standard: Revision on Subpart

1 Area Reclassification and AntiBacksliding Provisions Under Former

1-Hour Ozone Standard; Proposed

Deletion of Obsolete 1-Hour Ozone

Standard Provision

AGENCY: Environmental Protection

Agency (EPA).

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

ACTION: Notice of public hearing and

extension of comment 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 1 Area

Reclassification and Anti-Backsliding

Provisions Under Former 1-Hour Ozone

Standard; Proposed Deletion of Obsolete

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

of the 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 this notice of proposed rulemaking,

EPA proposed to revise the rule for

implementing the 1997 8-hour ozone

national ambient air quality standard

(NAAQS) for several of the limited

portions of the rule vacated by the U.S.

Circuit Court of Appeals for the District

of Columbia. The proposal addresses the

classification system for the subset of

initial 8-hour ozone nonattainment

areas that the implementation rule

originally covered under Clean Air Act

"(CAA) title I, part D, subpart 1. The

proposal also addresses how 1-hour

ozone contingency measures that apply

for failure to attain or make reasonable

progress toward attainment of the 1-

hour standard should apply under the

anti-backsliding provisions of the

implementation rule. In addition, the

proposal removes language relating to

the vacated provisions of the rule that

provided exemptions from the

requirements of nonattainment 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: Public Hearing. The public

hearing will be held on March 2, 2009.

Comments. Comments must be

received on or before April 1, 2009.

ADDRESSES: Public Hearing. 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 is being

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 leaving the 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

ohly be used inside the classroom and

outside of the building and

demonstrations will not be allowed on

Federal property for security reasons.

Comments. Submit your comments,

identified by Docket ID No. EPA-HQOAR-2007-0956, by one of the

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 if possible.

e Hand Delivery: Air and Radiation

Docket and Information Center,

Attention Docket ID No. EPA-HQOAR-2007-0956, Environmental

Protection Agency in the EPA

Headquarters Library, Room Number

3334 in the 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 and Radiation 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

or otherwise protected through http://

www.regulations.gov, or e-mail. The

http://www.regulations.gov Web Site is

an "anonymous access" system, which

means EPA will not know your identity

or contact information unless you

provide it in the body of your comment.

If you send an e-mail comment

directly to EPA without going through

http://www.regulations.gov, your e-mail

address will be automatically captured

and included as part of the comment

that is placed in the public docket and

made available on the Internet. If you

submit an electronic comment, EPA

recommends that you include your

name and other contact information in

the body of your comment and with any

disk or CD-ROM you submit. If EPA

cannot read your comment due to

technical difficulties and cannot contact

you for clarification, EPA may not be

able to consider your comment.

Electronic files should avoid the use of

special characters, any form of

encryption, and be free of any defects or

viruses. For additional information

about EPA's public docket, visit the EPA

Docket Center homepage at http://

www.epa.gov/epahome/dockets.h tm.

Docket: All documents in the docket

are listed in http://www.regulations.gov.

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 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 about the 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.gov no later

than February 27, 2009. If you 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 of Air 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 of proposed

rulemaking proposes to revise the rule

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

for implementing the 1997 8-hour ozone

NAAQS for several of the limited

portions of the rule vacated by the U.S.

Circuit Court of Appeals for the District

of Columbia. 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,

part D, subpart 1. The proposal also

addresses how 1-hour ozone

contingency measures that apply for

failure to attain or make reasonable

progress toward attainment of the 1-

hour standard should apply under the

anti-backsliding provisions of the

implementation rule. In addition, the

proposal removes language relating to

the vacated provisions of the rule that

provided exemptions from the

requirements of nonattainment NSR and

CAA section 185 penalty fees under the

1-hour standard.

Public Hearing: 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 ask clarifying questions during

the oral presentations, but will not

respond to the presentations at that

time. Written statements and supporting

information submitted during the

comment period will be considered

with the same weight as any oral

comments and supporting information

presented at the public hearing. Written

comments on the proposed rule must be

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, or if

there are other special needs related to

providing comments at the hearing. The

EPA will provide equipment for

commenters to show overhead slides or

make computerized slide presentations

if we 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 of their oral testimony

electronically (via e-mail or CD) or in

hard copy form.

The hearing schedule, including lists

of speakers, will be posted on EPA's

Web site http://www.epa.gov/ttn/naaqsl

o3imp8hr/. Verbatim transcripts of the

hearing and written statements will be

included in the docket for the

rulemaking.

How Can I Get Copies of This

Document and Other Related

Information?

The EPA has established a docket for

the proposed rule ."Proposed Rule 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 of Obsolete

1-Hour Ozone Standard Provision"

under Docket ID No. EPA-HQ-OAR2007-0956 (available at http:/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/ and in the above-cited

docket.

Dated: February 5, 2009.

Mary E. Henigin,

Acting Director, Office of Air Quality Planning

and Standards.

[FR Doc. 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 of Certain

Durable Medical Equipment,

Prosthetics, Orthotics and Supplies

(DMEPOS) by Certain Provisions of the

Medicare Improvements for Patients

and Providers Act 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".

[FR Doc. 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 on the proposed sector

operations plan and supplemental

environmental assessment (EA) prior to

final approval or disapproval of the

sector operations plan and allocation of

a Georges 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 of up to 20 percent of the

annual GB cod TAC to the Fixed Gear

Sector. Pursuant to that authorization, a

representative of the Fixed Gear Sector

has submitted an operations plan and

sector agreement (contract), and

requested an allocation of GB cod to the

Fixed Gear Sector for FY 2009.

DATES: Written comments must be

received on or before February 27, 2009.

ADDRESSES: You may submit comments,

identified by 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 of the public record and will

generally be posted to http://

www.regulations.gov without 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 of the Northeastern United

States; Northeast Multispecies

Fishery; 2009 Georges Bank Cod Fixed

Gear Sector Operations Plan and

Agreement, and Allocation of Georges

Bank Cod Total Allowable Catch

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.