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

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 28, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 27, 2009. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

■ Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart EE—New Hampshire 

■ 2. Section 52.1534 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1534 Control strategy: Ozone. 

* * * * * 

(d) Approval—Revision to the State 

Implementation Plan submitted by the 

New Hampshire Department of 

Environmental Services on May 28, 

2008. This revision establishes Year 

2009 motor vehicle emission budgets of 

15.31 tons per summer day of volatile 

organic compounds (VOC) and 28.53 

tons per summer day of nitrogen oxides 

(NOX) to be used in transportation 

conformity in the Boston-ManchesterPortsmouth (SE), New Hampshire 

moderate 8-hour ozone nonattainment 

area. 

[FR Doc. E9–4134 Filed 2–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–RO7–RCRA–2008–0830; FRL–8778–1] 

Nebraska: Final Authorization of State 

Hazardous Waste Management 

Program Revisions; Withdrawal of 

Immediate Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of immediate final 

rule. 

SUMMARY: Because EPA received 

adverse comment, we are withdrawing 

the immediate final rule for Nebraska: 

Final Authorization of State Hazardous 

Waste Management Program Revisions, 

published on December 30, 2008. 

DATES: Effective February 27, 2009, EPA 

withdraws the immediate final rule 

published at 73 FR 79661 on December 

30, 2008. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Haugen, Immediate Office, Air and 

Waste Management Division, EPA 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101, telephone (913) 

551–7877, haugen.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing the immediate final rule 

for Nebraska: Final Authorization of 

State Hazardous Waste Management 

Program Revisions published on 

December 30, 2008 (73 FR 79661). We 

stated in that immediate final rule that 

if we received adverse comment by 

January 29, 2009, the immediate final 

rule would not take effect and we would 

publish a timely withdrawal in the 

Federal Register. We will address the 

comment in a subsequent final action. 

As stated in the immediate final rule 

and the parallel proposed rule, we will 

not institute a second comment period 

in this action. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation by 

reference, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of section 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926 and 

6974(b). 

Dated: February 23, 2009. 

William Rice, 

Acting Regional Administrator, Region 7. 

[FR Doc. E9–4231 Filed 2–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 401 and 405 

[CMS–4064–RCN2] 

RIN 0938–AM73 

Medicare Program; Changes to the 

Medicare Claims Appeal Procedures; 

Continuation of Effectiveness and 

Extension of Timeline for Publication 

of Final Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period; continuation of effectiveness 

and extension of timeline for 

publication of final rule. 

SUMMARY: This notice announces the 

continuation of effectiveness of a 

Medicare interim final rule with 

comment period and the extension of 

the timeline for publication of the final 

rule. This notice is issued in accordance 

with section 1871(a)(3)(C) of the Social 

Security Act (the Act), which allows an 

interim final rule to remain in effect 

after the expiration of the timeline 

specified in section 1871(a)(3)(B) of the 

Act (the ‘‘regular timeline’’) or, if 

applicable, at the end of each 

succeeding 1-year extension to the 

regular timeline, if prior to the 

expiration of the timeline, the Secretary 

publishes in the Federal Register a 

notice of continuation and explains why 

the regular timeline or any subsequent 

extension was not complied with. 

DATES: Effective Date: February 27, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

David Danek, (617) 565–2682. Arrah 

Tabe-Bedward, (410) 786–7129. 

SUPPLEMENTARY INFORMATION: 


dwashington3 on PROD1PC60 with RULES
8868 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

I. Background 

Section 1871(a)(3)(A) of the Act 

requires the Secretary, in consultation 

with the Director of the Office of 

Management and Budget (OMB), to 

establish and publish a regular timeline 

for the publication of a final rule based 

on the previous publication of a 

proposed rule or an interim final rule. 

In accordance with section 1871(a)(3)(B) 

of the Act, such regular timeline may 

vary among different regulations, based 

on the complexity of the rule, the 

number and scope of the comments 

received, and other relevant factors. The 

timeline for publishing the final 

regulation, however, cannot exceed 3 

years from the date of publication of the 

proposed or interim final rule, unless 

there are exceptional circumstances. 

After consultation with the Director of 

OMB, we published a notice in the 

Federal Register on December 30, 2004 

(69 FR 78442) establishing a general 3- 

year timeline for finalizing a Medicare 

proposed and an interim final rule. 

Section 1871(a)(3)(C) of the Act states 

that a Medicare interim final rule shall 

not continue in effect if the final rule is 

not published before the expiration of 

the regular timeline and, if applicable, 

before the expiration of each succeeding 

one-year period, unless the Secretary 

publishes at the end of the regular 

timeline and any subsequent 1-year 

extension a notice of continuation that 

includes an explanation of why the 

regular or previously extended timeline 

was not met. Upon publication of such 

a notice, the regular timeline or such 

timeline as previously extended for 

publishing the final rule is extended for 

1 year. 

II. Notice of Continuation 

Section 521 of the Medicare, 

Medicaid, and SCHIP Benefits 

Improvement and Protection Act of 

2000 (BIPA), amended section 1869 of 

the Act to provide for significant 

changes to the Medicare claims appeal 

procedures. On November 15, 2002, we 

published in the Federal Register a 

proposed rule (67 FR 69312) consistent 

with Section 521 of BIPA. An interim 

final rule with comment period 

implementing the BIPA provisions as 

well as further changes to the claim 

appeals procedures enacted in Title IX 

of the Medicare Prescription Drug, 

Improvement, and Modernization Act of 

2003 (MMA) appeared in the Federal 

Register in March 2005 (70 FR 11420). 

Under the regular timeline for 

publication of a final rule, we were 

required to publish a final rule 

responding to public comments on the 

interim final rule with comment period 

no later than March 1, 2008. However, 

on February 29, 2008, we published in 

the Federal Register a continuation 

notice entitled ‘‘Medicare Program; 

Changes to the Medicare Claims Appeal 

Procedures; Continuation of 

Effectiveness and Extension of Timeline 

for Publication of Final Rule’’ to extend 

the timeline for publication of the final 

rule for 1 year until March 1, 2009 (73 

FR 11043). 

This notice announces an additional 

extension of the timeline for publication 

of the final rule and the continuation of 

effectiveness of the March 2005 interim 

final rule with comment period. We are 

not able to meet the timeline for 

publication of the final rule due to the 

need to allow an opportunity for full 

consideration of issues of law and 

policy raised in the regulation. We 

believe it is necessary and appropriate 

to delay publication of this final rule in 

order to afford the President’s 

appointees and designees an 

opportunity to further review and 

consider the laws and policies that will 

be set forth in the final rule. 

Therefore, this notice extends the 

timeline for publication of the final rule 

until March 1, 2010. In accordance with 

section 1871(a)(3)(C) of the Act, the 

interim final rule with comment period 

shall remain in effect through March 1, 

2010 (unless the final rule is published 

and becomes effective before March 1, 

2010). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: February 23, 2009. 

Ashley Files Flory, 

Deputy Executive Secretary to the 

Department. 

[FR Doc. E9–4223 Filed 2–26–09; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15, 27, 54, 73, 76, and 90 

[MB Docket No. 09–17; FCC 09–11] 

Implementation of the DTV Delay Act 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document issues the 

final rules in the Second Report and 

Order implementing the DTV Delay Act. 

It amends the requirements of the DTV 

Consumer Education Initiative, as well 

as extending the duration of certain 

licenses and construction permits, to 

conform to the new, June 12, 2009, 

transition date. It announces the 

Commission’s intent to apply the 

provisions of the Analog Nightlight 

Order to the period after June 12, 2009. 

And, it established March 17, 2009 as 

the date by which stations must notify 

the Commission of their planned timing 

to complete their transition and April 

16, 2009 as the first date on which 

stations can terminate analog signals. 

DATES: Effective February 27, 2009, 

except for §§§ 15.124, 54.418, and 

76.1630, which are effective April 1, 

2009. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

more information, please contact Nazifa 

Sawez, Nazifa.Sawez@fcc.gov, at 202– 

418–7059 or Shaun Maher, 

Shaun.Maher@fcc.gov, at 202–418– 

2324, of the Video Division, Media 

Bureau; or Evan Baranoff, 

Evan.Baranoff@fcc.gov, at 202–418– 

7142; Lyle Elder, Lyle.Elder@fcc.gov, at 

202–418–2120; or Kim Matthews, 

Kim.Matthews@fcc.gov, at 202–418– 

2154, of the Policy Division, Media 

Bureau; or Eloise Gore, 

Eloise.Gore@fcc.gov, at 202–418–7200, 

of the Media Bureau. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements contained in this 

document, contact Cathy Williams on 

(202) 418–2918, or via the Internet at 

PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order, FCC 09–11, adopted 

and released on February 20, 2009. (The 

companion Notice of Proposed 

Rulemaking (NPRM) to this document is 

published elsewhere in this issue of the 

Federal Register.) The full text of this 

document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street, SW., CY– 

A257, Washington, DC 20554. These 

documents will also be available via 

ECFS (http://www.fcc.gov/cgb/ecfs/). 

(Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 


dwashington3 on PROD1PC60 with RULES