Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 43087 

requirements in CAA section 110(l) 

regarding SIP relaxation, and the 

requirements in CAA sections 

189(b)(1)(B) and 188(e) regarding BACM 

and MSM. Monitoring, recordkeeping, 

reporting and associated requirements 

generally ensure that the submitted rule 

can be enforced. The March 10, 2008 

version of Rule 316 is more stringent 

than the SIP-approved rule. Moreover, 

in addition to reviewing the analysis 

submitted by ADEQ, we have compared 

the requirements in Rule 316 to 

requirements in comparable rules in 

other PM–10 nonattainment areas and 

believe that Rule 316 is generally as 

stringent as the requirements in those 

other areas. The TSD has more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD describes additional rule 

revisions that do not affect EPA’s 

current proposed action but are 

recommended for the next time MCAQD 

modifies the rule. 

D. Proposed Action and Public 

Comment 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it 

pursuant to CAA section 110(k)(3) as 

meeting the requirements of sections 

189(b)(1)(B) and 188(e). We will accept 

comments from the public on this 

proposal for the next 30 days. Unless we 

receive convincing new information 

during the comment period, we intend 

to publish a final approval action that 

will incorporate this rule into the 

Federally enforceable SIP. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 31, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–20597 Filed 8–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 411, 414, 415, 485, 

and 489 

[CMS–9061–N] 

Electronic Public Comment 

Transmission Error for Two Medicare 

Program Rules 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Request for resubmission of 

comments. 

SUMMARY: This document requests that 

the public resubmit their comments on 

the CY 2010 Physician Fee Schedule or 

CY 2010 Hospital Outpatient 

Prospective Payment System/ 

Ambulatory Surgical Center Payment 

System proposed rule before the close of 

the comment period for these rules (that 

is, August 31, 2009) if their comments 

were originally submitted via 

www.regulations.gov during the period 

from July 26, 2009 through July 30, 

2009. 

DATES: To be assured consideration, 

comments on the CY 2010 Physician 

Fee Schedule proposed rule published 

July 13, 2009 (74 FR 33520) and the CY 

2010 Hospital Outpatient Prospective 

Payment System/Ambulatory Surgical 

Center Payment System proposed rule 

published July 20, 2009 (74 FR 35232), 

must be received at one of the addresses 

provided below, no later than 5 p.m. on 

August 31, 2009. 

ADDRESSES: In commenting, please refer 

to file code— 

• CMS–1413–P (for the CY 2010 

Physician Fee Schedule proposed rule); 

or 

• CMS–1414–P (for the CY 2010 

Hospital Outpatient Prospective 

Payment System/Ambulatory Surgical 

Center Payment System proposed rule). 

Because of staff and resource 

limitations, we cannot accept comments 

by facsimile (FAX) transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on either of these 

proposed rules via http:// 

www.regulations.gov. Enter one of the 

following docket identification numbers 

in the keyword search field: 

a. CMS–2009–0058, for the CY 2010 

Physician Fee Schedule proposed rule. 

b. CMS–2009–0060, for the CY 2010 

Hospital Outpatient Prospective 

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43088 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 

Payment System Ambulatory Surgical 

Center Payment System proposed rule. 

2. By regular mail. You may mail 

written comments to the following 

address only: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–1413–P or CMS–1414–P, P.O. Box 

8013, Baltimore, MD 21244–8013. 

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 to the 

following address only: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–1413–P or 

CMS–1414–P, 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 before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue, SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey 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.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786– 

9994 in advance to schedule your 

arrival with one of our staff members. 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Braxton, (410) 786–7292. 

SUPPLEMENTARY INFORMATION: In January 

2003, the interagency eRulemaking 

Program launched www.regulations.gov 

to provide citizens with an online portal 

to learn about proposed regulations and 

to have their comments shape the 

rulemaking process. For the first time 

ever, American citizens could access 

and comment on all proposed Federal 

regulations from a single Web site. 

A minor software problem resulted in 

the nontransmittal of some public 

comments from July 26, 2009 through 

July 30, 2009. The software error 

affected only a few Federal agencies, 

one of which was the Centers for 

Medicare & Medicaid Services. We were 

informed that this error affected the 

receipt of public comments on the 

following proposed rules (1) Medicare 

Program; Payment Policies Under the 

Physician Fee Schedule and Other 

Revisions to Part B for CY 2010 

(regulations.gov docket identification 

(ID) number (CMS–2009–0058)); and (2) 

Medicare Program: Proposed Changes to 

the Hospital Outpatient Prospective 

Payment System and CY 2010 Payment 

Rates; Proposed Changes to the 

Ambulatory Surgical Center Payment 

System and CY 2010 Payment Rates 

(regulations.gov docket ID number 

(CMS–2009–0060)). (These proposed 

rules were published in the July 13, 

2009 (74 FR 33520) and the July 20, 

2009 (74 FR 35232) Federal Register, 

respectively.) Therefore, we are 

requesting that persons who transmitted 

comments on either of the 

aforementioned proposed rules during 

the period from July 26, 2009 through 

July 30, 2009 resubmit their comments 

before the close of the comment period 

for the proposed rules which is August 

31, 2009. Persons wishing to resubmit 

comments may do so electronically, via 

mail, hand delivery, or courier as 

specified in the ADDRESSES section of 

this notice. 

We note that the software problem has 

been corrected and safeguards are now 

in place to ensure this error will not 

occur for future rulemaking documents. 

Dated: August 20, 2009. 

Charlene Frizzera, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E9–20583 Filed 8–21–09; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1503 

[Docket No. TSA–2009–0014] 

RIN 1652–AA66 

Reporting of Security Issues 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Transportation Security 

Administration (TSA) proposes to add 

new procedures by which members of 

the public could report to TSA a 

problem, deficiency, or vulnerability 

regarding transportation security, 

including the security of aviation, 

maritime, railroad, motor carrier 

vehicle, or pipeline transportation, or 

any mode of public transportation, such 

as mass transit, in accordance with the 

Implementing Recommendations of the 

9/11 Commission Act of 2007 (9/11 

Act). 

DATES: Submit comments by October 26, 

2009. 

ADDRESSES: You may submit comments, 

identified by the TSA docket number to 

this rulemaking, to the Federal Docket 

Management System (FDMS), a 

government-wide, electronic docket 

management system, using any one of 

the following methods: 

Electronically: You may submit 

comments through the Federal 

eRulemaking portal at http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Mail, In Person, or Fax: Address, 

hand-deliver, or fax your written 

comments to the Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001; Fax 202–493–2251. The 

Department of Transportation (DOT), 

which maintains and processes TSA’s 

official regulatory dockets, will scan the 

submission and post it to FDMS. 

See SUPPLEMENTARY INFORMATION for 

format and other information about 

comment submissions. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Tauber, Office of Chief Counsel, 

TSA–2, Transportation Security 

Administration, 601 South 12th Street, 

Arlington, VA 20598–6002; telephone 

(571) 227–3964; facsimile (571) 227– 

1380; e-mail sarah.tauber@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

TSA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. TSA also invites comments 

relating to the economic, environmental, 

energy, or federalism impacts that might 

result from this rulemaking action. See 

ADDRESSES above for information on 

where to submit comments. 

With each comment, please identify 

the docket number at the beginning of 

your comments. TSA encourages 

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