5808 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Rules and Regulations 

in the public interest to make this final 

rule effective on the date of publication. 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as amended. Thus, OMB did not 

review it. We have also determined that 

this final rule meets the plain language 

requirement of Executive Order 12866, 

as amended. 

Regulatory Flexibility Act 

We certify that this final rule does not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only individuals. 

Therefore, a regulatory flexibility 

analysis, as provided in the Regulatory 

Flexibility Act, as amended, is not 

required. 

Paperwork Reduction Act 

This final rule imposes no reporting/ 

recordkeeping requirements 

necessitating clearance by OMB. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social 

Security-Survivors Insurance; 96.006, 

Supplemental Security Income) 

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure, Blind, Disability benefits, 

Old-Age, Survivors and Disability 

Insurance, Reporting and recordkeeping 

requirements, Social Security. 

Dated: January 22, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons set forth in the 

preamble, we amend part 404, subpart 

P, chapter III of title 20 of the Code of 

Federal Regulations as set forth below. 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart P—[Amended] 

■ 1. The authority citation for subpart P 

of part 404 continues to read as follows: 

Authority: Secs. 202, 205(a), (b), and (d)– 

(h), 216(i), 221(a) and (i), 222(c), 223, 225, 

and 702(a)(5) of the Social Security Act (42 

U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), 

421(a) and (i), 422(c), 423, 425, and 

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 

Stat. 2105, 2189; sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

■ 2. Amend appendix 1 to subpart P of 

part 404 by revising item 2 of the 

introductory text before part A to read 

as follows: 

Appendix 1 to Subpart P of Part 404— 

Listing of Impairments 

* * * * * 

2. Musculoskeletal System (1.00 and 

101.00): February 18, 2011. 

* * * * * 

[FR Doc. E9–2109 Filed 1–30–09; 8:45 am] 

BILLING CODE 4191–02–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 215 

RIN 0412–AA61 

Privacy Act of 1974, Implementation of 

Exemptions 

AGENCY: United States Agency for 

International Development. 

ACTION: Final rule; delay of effective 

date and addition of comment period. 

SUMMARY: This document delays the 

effective date by 60 days and provides 

a 30-day public comment period to run 

concurrently for the final rule 

exempting portions of the Partner 

Vetting System from one or more 

provisions of the Privacy Act, as 

published in the Federal Register on 

January 2, 2009. 

DATES: The effective date for the final 

rule published on January 2, 2009 (74 

FR 9), is delayed until April 3, 2009. 

Written comments must be received on 

or before March 4, 2009. 

ADDRESSES: Written comments may be 

submitted electronically through the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

Written comments may also be 

submitted by mail to Rhonda Turnbow, 

Deputy Chief Privacy Officer, United 

States Agency for International 

Development, 1300 Pennsylvania 

Avenue, NW., Office 2.12–003, 

Washington, DC 20523–2120. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact Jeff 

Denale, Chief, Counterterrorism and 

Information Security Division, Office of 

Security, United States Agency for 

International Development, Ronald 

Reagan Building, 1300 Pennsylvania 

Avenue, NW., Washington, DC 20523. 

SUPPLEMENTARY INFORMATION: The 

United States Agency for International 

Development published a Final Rule in 

the Federal Register on January 2, 2009 

(74 FR 9), FR Doc. E8–31131. Pursuant 

to a January 20, 2009 White House 

Memorandum on regulatory review, 

agencies are requested to consider 

extending for 60 days the effective date 

of regulations that have been published 

in the Federal Register but not yet taken 

effect, for the purpose of reviewing 

questions of law and policy raised by 

those regulations. Where such an 

extension is made, agencies are 

requested to immediately reopen the 

notice-and-comment period for 30 days 

to allow interested parties to provide 

comments about issues of law and 

policy raised by those regulations. As a 

result, USAID has delayed the effective 

date of the final rule from February 2, 

2009 to April 3, 2009. USAID has also 

opened a 30-day public comment 

period. 

Dated: January 28, 2009. 

Randy T. Streufert, 

Director, Office of Security. 

[FR Doc. E9–2220 Filed 1–30–09; 8:45 am] 

BILLING CODE 6116–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 440 

[CMS–2232–IFC] 

RIN 0938–A048 

Medicaid Program; State Flexibility for 

Medicaid Benefit Packages: Delay of 

Effective Date 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period: delay of effective date and 

reopening of the comment period. 

SUMMARY: In accordance with the 

memorandum of January 20, 2009, from 

the Assistant to the President and Chief 

of Staff, entitled ‘‘Regulatory Review 

Plan,’’ this action temporarily delays for 

60 days the effective date of the final 

rule entitled, Medicaid Program; State 

Flexibility for Medicaid Benefit 

Packages’’ published in the December 3, 

2008 Federal Register (73 FR 73694). 

The temporary 60-day delay in effective 

date is necessary to give Department 

officials the opportunity for further 

review of the issues of law and policy 

raised by this rule. In addition, this 

action reopens the comment period on 

the policies set out in the December 3, 

2008 final rule to allow interested 

parties to provide comments about 

issues of law and policy raised by the 

rule. 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Rules and Regulations 5809 

DATES: Effective Date. This action is 

effective January 30, 2009. The effective 

date of the rule amending 42 CFR part 

440 published in the December 3, 2008 

Federal Register (73 FR 73694) is 

delayed 60 days until April 3, 2009. 

Comment Period. To be assured 

consideration, comments must be 

received at one of the addresses 

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

March 4, 2009. Comments may address 

either December 3, 2008 final rule, or 

this action (the delay in the effective 

date, and the reopening of the comment 

period). 

ADDRESSES: In commenting, please refer 

to file code CMS–2232–IFC. 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 specific issues 

in this regulation to http:// 

www.regulations.gov. Follow the 

instructions for ‘‘Comment or 

Submission’’ and enter the filecode to 

find the document accepting comments. 

2. By regular mail. You may mail 

written comments (one original and two 

copies) to the following address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS–2232– 

IFC, P.O. Box 8016, Baltimore, MD 

21244–8016. 

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 (one 

original and two copies) to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–2232–IFC, Mail Stop C4–26–05, 

7500 Security Boulevard, Baltimore, MD 

21244–8016. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments (one original 

and two copies) before the close of the 

comment period to either of the 

following addresses: 

a. Room 445–G, Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201; 

(Because access to the interior of the 

HHH 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. 7500 Security Boulevard, Baltimore, 

MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786– 

7195 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: 

Christine Gerhardt, (410) 786–0693. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 3, 2008, we published 

a final rule in the Federal Register 

entitled ‘‘Medicaid Program; State 

Flexibility for Medicaid Benefit’’ (73 FR 

73694). The December 2008 final rule 

implements provisions of section 6044 

of the Deficit Reduction Act of 2005, 

which amends the Social Security Act 

by adding a new section 1937 related to 

the coverage of medical assistance 

under approved State plans. The final 

rule also provides States increased 

flexibility under an approved State plan 

to define the scope of covered medical 

assistance by offering coverage of 

benchmark or benchmark-equivalent 

benefit packages to certain Medicaid 

recipients. In addition, the final rule 

responds to public comments on the 

February 22, 2008, proposed rule that 

pertain to the State Medicaid benefit 

package provisions. 

II. Provisions of This Action 

This action delays the effective date of 

the December 3, 2008 final rule and 

reopens the comment period on the 

policies set out in the final rule. The 

effective date of the December 3 final 

rule, which would have been February 

2, 2009, is now April 3, 2009. The 60- 

day delay in the effective date is 

necessary to give Department officials 

the opportunity for further review of the 

issues of law and policy raised by this 

rule, to give the public the opportunity 

to submit additional comments on 

issues of law and policy raised by the 

December 3, 2008 final rule, and to 

provide an opportunity for CMS to 

consider all additional comments. We 

also seek comments on this action (the 

delay in the effective date and the 

reopening of the comment period). 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

such as this take effect, in accordance 

with section 553(b) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). We also ordinarily 

provide a 30-day delay in the effective 

date of the provisions of a rule in 

accordance with section 553(d) of the 

APA (5 U.S.C. 553(d)). However, we can 

waive both the notice and comment 

procedure and the 30-day delay in the 

effective date if the Secretary finds, for 

good cause, that it is impracticable, 

unnecessary or contrary to the public 

interest to follow the notice and 

comment procedure or to comply with 

the 30-day delay in the effective date, 

and incorporates a statement of the 

finding and the reasons in the rule. 

This action delays the effective date of 

the December 3, 2008 final rule that was 

promulgated through notice and 

comment rulemaking. A delay in 

effective date and reopening of the 

comment period is necessary to ensure 

that we have the opportunity to receive 

additional public comments to fully 

inform our decisions before the policies 

contained in the final rule become 

effective. Moreover, we believe it would 

be contrary to the public interest for the 

December 3, 2008 final rule to become 

effective until we are certain that all 

public comments, including any 

additional comments that are submitted 

in the reopened comment period, are 

considered. To do otherwise could 

potentially result in uncertainty and 

confusion as to the finality of the final 

rule. For the reasons stated above, we 

find that both notice and comment and 

the 30-day delay in effective date for 

this action are unnecessary and contrary 

to the public interest. Therefore, we find 

there is good cause to waive notice and 

comment procedures and the 30-day 

delay in effective date for this rule. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

Dated: January 28, 2009. 

Charlene Frizzera, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

Approved: January 28, 2009. 

Charles Johnson, 

Acting Secretary. 

[FR Doc. E9–2186 Filed 1–30–09; 8:45 am] 

BILLING CODE 4120–01–P 


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