Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8863 

Material Incorporated by Reference 

(j) You must use Bombardier Service 

Bulletin 215–3151, dated May 5, 2008; or 

Bombardier Service Bulletin 215–4394, dated 

May 5, 2008; as applicable; to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.com. 

(3) You may review copies of the service 

information that is incorporated by reference 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information at the National Archives 

and Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on February 

17, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–3864 Filed 2–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9441] 

RIN 1545–BI46 

Section 482: Methods To Determine 

Taxable Income in Connection With a 

Cost Sharing Arrangement 

Correction 

In rule document E8–30715 beginning 

on page 340 in the issue of Monday, 

January 5, 2009 make the following 

correction: 

§1.482–7T [Corrected] 

On page 354, in §1.482–7T(b)(5), in 

the second column, in paragraph (5), in 

the second line, ‘‘(i) Situation in which 

Commissioner must treat arrangement 

as a CSA.’’ should read ‘‘(i)Situation in 

which Commissioner must treat 

arrangement as a CSA.’’ 

[FR Doc. Z8–30715 Filed 2–26–09; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0485; A–1–FRL– 

8771–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; 2009 Motor Vehicle 

Emissions Budgets for the BostonManchester-Portsmouth (SE), New 

Hampshire, 8-Hour Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New 

Hampshire. This revision contains 8- 

hour ozone transportation conformity 

emission budgets for the BostonManchester-Portsmouth (SE), New 

Hampshire, 8-hour ozone nonattainment 

area. This action is being taken under 

the Clean Air Act. 

DATES: This direct final rule will be 

effective April 28, 2009, unless EPA 

receives adverse comments by March 

30, 2009. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2008–0485 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2008–0485’’, 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (mail code CAQ), Boston, 

MA 02114–2023. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2008– 

0485. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online 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 through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

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 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency; Air Resources Division, 


dwashington3 on PROD1PC60 with RULES
8864 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

1On March 27, 2008 (73 FR 16436), EPA revised 

the 8-hour ozone standard. The new standard is set 

at 0.075 ppm. EPA has not yet made designations 

for the 2008 ozone standard. 

2The four metropolitan planning organizations 

within 8-hr ozone nonattainment area are: the 

Nashua Regional Planning Commission; the 

Rockingham Planning Commission; the Southern 

New Hampshire Planning Commission, and the 

Strafford Regional Planning Commission. 

Department of Environmental Services, 

6 Hazen Drive, P.O. Box 95, Concord, 

NH 03302–0095. 

FOR FURTHER INFORMATION CONTACT: 

Donald O. Cooke, Air Quality Unit, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100 (CAQ), 

Boston, MA 02114–2023, telephone 

number (617) 918–1668, fax number 

(617) 918–0668, e-mail 

cooke.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Comparisons of Year 2002 Emissions to 

Year 2009 

III. Adequacy Process and SIP Approval 

IV. Transportation Conformity Motor Vehicle 

Emissions Budgets 

V. Basis for Approval 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. Background and Purpose 

On April 30, 2004 (69 FR 23857), EPA 

designated as nonattainment any area 

that was violating the 1997 0.08 parts 

per million (ppm) 8-hour ozone national 

ambient air quality standard (NAAQS) 

based on the three most recent years 

(2001–2003) of air quality data.1

Portions of Hillsborough, Merrimack, 

Rockingham and Strafford Counties in 

New Hampshire were designated as a 

moderate ozone nonattainment area 

(specifically, the Boston-ManchesterPortsmouth (SE), New Hampshire area). 

The rest of New Hampshire was 

designated as attainment of the 1997 8- 

hour ozone NAAQS. (See 40 CFR 

81.330.) One year after the June 15, 2004 

effective date of the 8-hour ozone 

designations, transportation and general 

conformity applied to the 

nonattainment area. 

On March 18, 2008, EPA determined 

that the Boston-Manchester-Portsmouth 

(SE), New Hampshire moderate 8-hour 

ozone nonattainment area had attained 

the 1997 8-hour ozone NAAQS. (See 73 

FR 14387.) This determination of 

attainment was based upon certified 

ambient air monitoring data that show 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire area had monitored 

attainment of the 1997 ozone NAAQS 

since the 2002–2004 monitoring period. 

At present, quality controlled and 

quality assured ozone data for 2008 

available in the EPA Air Quality System 

(AQS) database, but not yet certified, 

show this area continues to attain the 

1997 ozone NAAQS. 

Under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

Section 51.918), this determination of 

attainment suspended the requirements 

for the Boston-Manchester-Portsmouth 

(SE), New Hampshire moderate ozone 

nonattainment area to submit an 

attainment demonstration, a reasonable 

further progress plan, section 172(c)(9) 

contingency measures, and any other 

planning State Implementation Plans 

(SIPs) related to attainment of the 1997 

8-hour ozone NAAQS for so long as the 

area continues to attain the 1997 ozone 

NAAQS. However, this action did not 

constitute a redesignation to attainment 

under CAA section 107(d)(3), because 

the area did not have an approved 

maintenance plan as required under 

section 175A of the CAA, nor a 

determination that the area had met the 

other requirements for redesignation. 

The classification and designation status 

of the area remains moderate 

nonattainment for the 1997 8-hour 

ozone NAAQS and transportation and 

general conformity continue to apply. 

On May 28, 2008, the State of New 

Hampshire submitted a formal revision 

to its SIP containing 8-hour ozone 

transportation conformity emission 

budgets in tons per summer day, of 

volatile organic compounds (VOC) and 

oxides of nitrogen (NOX) for the year 

2009 for the Boston-ManchesterPortsmouth (SE), New Hampshire 

moderate 8-hour ozone nonattainment 

area. This SIP revision was developed in 

accordance with EPA’s transportation 

conformity rule (69 FR 40028; July 1, 

2004), which allows states with 8-hour 

ozone nonattainment areas to adopt 

early motor vehicle emissions budgets 

(MVEBs) that address the 8-hour ozone 

NAAQSs in advance of a complete SIP 

attainment demonstration. EPA’s clean 

air determination has stayed the state’s 

obligation to prepare an 8-hour ozone 

attainment SIP for the 1997 ozone 

standard. The submitted SIP revision 

establishes budgets to simplify the 

conformity process for New Hampshire 

Metropolitan Planning Organizations 

(MPOs) while increasing the level of 

protection for New Hampshire’s citizens 

during this interim period before 

MVEBs are established by an 8-hour 

ozone redesignation plan and its 

maintenance plan. 

The 8-hour ozone motor vehicle 

emissions budgets for calendar year 

2009 included in New Hampshire’s May 

28, 2008 SIP revision cover the exact 

area of the 8-hr ozone nonattainment 

area. Before these budgets were 

determined adequate (see Section III 

‘‘Adequacy Process and SIP Approval’’ 

below), the four New Hampshire MPOs 

in the nonattainment area 2 were 

required to determine conformity jointly 

using: (1) The 2002 interim emissions 

budgets for that portion of the 8-hour 

ozone area located within the former 

Manchester 1-hour ozone nonattainment 

area; (2) the 2007 MVEBs for the former 

Boston-Lawrence-Worcester, Southern 

New Hampshire 1-hour ozone 

nonattainment area; and, (3) the 2003 

MVEBs for the former PortsmouthDover-Rochester, New Hampshire 1- 

hour ozone nonattainment area. 

II. Comparisons of Year 2002 Emissions 

to Year 2009 

Inventory information developed for 

the New Hampshire 2002 Periodic 

Emission Inventory, as well as for 2009 

emission projections, was prepared on a 

full county level, not on an individual 

town basis. Interagency consultation 

between EPA and the New Hampshire 

Department of Environmental Services 

established that emissions reductions 

calculated for the four full county 

inventories (point sources, area sources, 

non-road and on-road mobile) would be 

proportional to emissions reductions in 

the slightly smaller area of the BostonManchester-Portsmouth (SE), New 

Hampshire, 8-hour ozone nonattainment 

area. However, the actual 2009 MVEBs 

were developed on a town-by-town 

basis and correspond to the actual area 

of the 8-hour nonattainment area. 

The total inventory of VOC for 

Hillsborough, Merrimack, Rockingham, 

and Strafford Counties is 231,636 

pounds per summer weekday in 

calendar year 2002, and is projected to 

be 195,536 pounds per summer 

weekday in calendar year 2009. This 

represents an overall inventory 

reduction of 15.58% (36,099 pounds of 

VOC per summer weekday). Similarly, 

the total inventory of NOX for 

Hillsborough, Merrimack, Rockingham, 

and Strafford Counties is 280,757 

pounds per summer weekday in 

calendar year 2002, and is projected to 

be 191,074 pounds per summer 

weekday in calendar year 2009. This 

represents an overall inventory 

reduction of 31.94% (89,683 pounds of 

NOX per summer weekday). On-road 

mobile VOC and NOX 2009 summer 

weekday emissions are expected to 

decrease significantly from 2002 levels 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8865 

(38.13% reduction of VOC and 36.24% 

reduction of NOX). 

Table 1 below shows that VOC and 

NOX emissions in the southern New 

Hampshire four counties (Hillsborough, 

Merrimack, Rockingham, and Strafford 

Counties) are expected to decrease 

considerably from year 2002 to year 

2009 for all source categories, except 

area sources. 

TABLE 1—BASELINE AND FUTURE EMISSIONS FOR THE SOUTHERN FOUR COUNTIES OF NEW HAMPSHIRE

[In pounds per summer weekday] 

Sector 

VOC NOX

2002 2009 Change % Change 2002 2009 Change % Change 

Point Sources ................................... 15,700 8,982 ¥6,718 ¥42.79 66,760 25,526 ¥41,234 ¥61.76 

Area Sources ................................... 86,622 99,486 12,864 14.85 33,264 38,125 4,861 14.61 

Non-Road Mobile ............................. 61,026 44,822 ¥16,204 ¥26.55 46,086 41,568 ¥4,518 ¥9.80 

On-Road Mobile ............................... 68,286 42,246 ¥26,040 ¥38.13 134,647 85,855 ¥48,792 ¥36.24 

Total .......................................... 231,636 195,536 ¥36,099 ¥15.58 280,757 191,074 ¥89,683 ¥31.94 

III. Adequacy Process and SIP 

Approval 

On March 2, 1999, the United States 

Court of Appeals for the District of 

Columbia Circuit issued a decision on 

EPA’s third set of transportation 

conformity amendments in response to 

a case brought by the Environmental 

Defense Fund. The decision held that 

conformity determinations could no 

longer be based on submitted SIP 

emission budgets, prior to a positive 

adequacy determination by EPA. 

A May 14, 1999 EPA memorandum 

from Gay MacGregor to the Regional 

Division Directors provides guidance on 

how to review budgets for adequacy and 

the process for public comment and 

notification (posting on the Web). The 

May 14, 1999 guidance is available on 

EPA’s conformity Web site at URL 

address: http://www.epa.gov/otaq/ 

stateresources/transconf/policy/ 

epaguidf.pdf. EPA provided additional 

guidance in its Final Rulemaking on 

July 1, 2004, (69 FR 40004–40081), 

‘‘Transportation Conformity Rule 

Amendments for the New 8-hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards and Miscellaneous Revisions 

for Existing Areas; Transportation 

Conformity Rule Amendments: 

Response to Court Decision and 

Additional Rule Changes; Final Rule.’’ 

EPA initiated the adequacy process 

for New Hampshire’s motor vehicle 

emissions budgets on June 4, 2008, by 

announcing that New Hampshire had 

submitted a 2009 MVEB SIP for 8-hour 

ozone on EPA’s Web site ‘‘SIP 

Submissions Currently Under EPA 

Adequacy Review’’ http://www.epa.gov/ 

otaq/stateresources/transconf/ 

currsips.htm. The criteria by which EPA 

determines whether a SIP’s motor 

vehicle emissions budgets are adequate 

for conformity purposes are outlined in 

40 CFR 93.118(e)(4)(i) through 

93.118(e)(4)(vi) and 93.118(e)(5). On 

July 9. 2008, EPA notified the New 

Hampshire Department of 

Environmental Services (NH DES) that 

no comments were received during the 

thirty day public comment period, and 

that EPA had determined the 2009 

motor vehicle emissions budgets 

submitted on May 28, 2008, to be 

adequate for transportation conformity 

purposes. EPA New England published 

a Notice of Adequacy in the Federal 

Register on July 28, 2008, (73 FR 

43751), announcing our July 9, 2008 

adequacy determination and making the 

motor vehicle emissions budgets 

effective on August 12, 2008. A copy of 

EPA’s July 9, 2008 adequacy 

determination to NH DES and the 

Federal Register Notice of Adequacy are 

both posted in the electronic docket as 

well as on EPA’s Web site ‘‘SIP 

Submissions that EPA has Found 

Adequate or Inadequate,’’ at URL 

address: http://www.epa.gov/otaq/ 

stateresources/transconf/pastsips.htm. 

This positive adequacy determination 

simplifies the administrative process for 

demonstrating transportation 

conformity by establishing the 2009 

VOC and NOX motor vehicle emissions 

budgets as conformity criteria for all 

2009 and later evaluation years. In 

addition, New Hampshire’s 2009 motor 

vehicle emissions budgets will help 

ensure maintenance of the 8-hour ozone 

NAAQS by limiting the transportation 

sector to a more restrictive year 2009 

level of on-road VOC and NOX than 

currently allowed by transportation 

conformity’s interim emission tests 

which are based on a combination of 

2002 emissions, 2003 1-hour ozone 

MVEBs and 2007 1-hour ozone MVEBs 

in the 8-hour ozone nonattainment area. 

Today’s direct final rulemaking 

approves New Hampshire’s adequate 

2009 8-hour ozone motor vehicle 

emissions budgets into the New 

Hampshire SIP. 

IV. Transportation Conformity Motor 

Vehicle Emissions Budgets 

The 2009 8-hour ozone motor vehicle 

emissions budgets being approved are 

the on-road portion of the 2009 

emissions projections. As illustrated in 

Table 2, below, the budgets are 15.31 

tons per summer day for VOC and 28.53 

tons per summer day for NOX. The State 

of New Hampshire Department of 

Transportation and Metropolitan 

Planning Organizations within the 

nonattainment area shall use these 

budgets for future transportation 

conformity determinations. 

TABLE 2—2009 TRANSPORTATION CONFORMITY EMISSION BUDGETS

VOC emissions 

(tons per 

summer day) 

NOX emissions 

(tons per 

summer day) 

Boston-Manchester-Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area .......... 15.31 28.53 


dwashington3 on PROD1PC60 with RULES
8866 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

V. Basis for Approval 

EPA’s review of New Hampshire’s SIP 

revision concludes that this SIP revision 

is consistent with EPA’s Transportation 

Conformity Rule. Approval of New 

Hampshire’s SIP revision is 

directionally sound since it would 

approve year 2009 motor vehicle 

emissions budgets which are more 

stringent than the year 2002 baseline 

emissions, and more stringent than the 

year 2003 and year 2007 1-hour ozone 

attainment demonstration MVEBs now 

used to evaluate transportation 

conformity in the Boston-ManchesterPortsmouth (SE), New Hampshire 8- 

hour ozone nonattainment area. The 

projected overall summer weekday 

inventory reduction in VOC emissions 

from 2002 to 2009 is approximately 15.6 

percent, along with a 31.9 percent 

reduction in NOX emissions. This 

results from a projected 38 percent 

reduction in VOC emissions and a 36 

percent reduction in NOX emissions 

from on-road mobile sources. 

New Hampshire’s projected reduction 

in VOC and NOX emissions will help 

ensure maintenance of the 8-hour ozone 

standard. The projected reduction in 

both on-road mobile sources and overall 

inventory is greater than the five to ten 

percent reduction that was provided as 

an example in the July 2004 conformity 

rule preamble (69 FR 40019; July 1, 

2004). EPA believes that New 

Hampshire’s May 28, 2008 SIP revision 

containing 2009 motor vehicle 

emissions budgets for the Southeast 

New Hampshire moderate 8-hour ozone 

nonattainment area should be approved 

since it will strengthen the existing SIP. 

Listed below are several factors that 

make New Hampshire’s SIP package 

directionally sound. 

1. On March 18, 2008, (73 FR 14387) 

the EPA determined that the BostonManchester-Portsmouth (SE), New 

Hampshire moderate 8-hour ozone 

nonattainment area had attained the 

1997 8-hour NAAQS for ozone. 

2. Certified ambient air monitoring 

data continues to show that the area is 

monitoring attainment for the 1997 8- 

hour ozone NAAQS. 

3. There is a very large percent 

reduction projected in both VOC and 

NOX on-road emissions (38% and 36%, 

respectively). New Hampshire’s June 7, 

2007 submittal of its 2002 Periodic 

Inventory shows that on-road mobile 

sources made up 29 percent of the VOC 

inventory and 50 percent of the NOX

inventory for the 8-hour ozone 

nonattainment area. 

4. The 2009 motor vehicle emissions 

budgets are more stringent than existing 

1-hour budgets that the area has been 

using in conjunction with the interim 

emissions tests. 

VI. Final Action 

EPA is approving New Hampshire’s 

2009 motor vehicle emissions budgets 

for the 8-hour ozone National Ambient 

Air Quality Standard, which were 

submitted on May 28, 2008, into the 

New Hampshire SIP. The VOC and NOX

motor vehicle emissions budgets being 

approved are the on-road mobile source 

2009 projections of 15.31 tons per 

summer day of VOC and 28.53 tons per 

summer day of NOX. These motor 

vehicle emissions budgets must be used 

to demonstrate that all transportation 

plans and transportation improvement 

programs in the Boston-ManchesterPortsmouth (SE), New Hampshire, 8- 

hour ozone nonattainment area result in 

emissions of VOC and NOX that do not 

exceed the 2009 motor vehicle 

emissions budgets. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective April 

28, 2009 without further notice unless 

the Agency receives relevant adverse 

comments by March 30, 2009. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on April 28, 2009 and no further action 

will be taken on the proposed rule. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

VII. 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 


dwashington3 on PROD1PC60 with RULES
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