Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 13345 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that Order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule would not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2, figure 2–1, paragraph (34)(g) of 

the Instruction. Paragraph (34)(g) covers 

regulations establishing, disestablishing, 

or changing security zones. This rule 

involves temporarily establishing a 

security zone in the Captain of the Port 

Houston-Galveston zone. 

Neither an environmental assessment 

nor an environmental impact statement 

is required. An ‘‘Environmental 

Analysis Check List’’ and a categorical 

exclusion are available in the docket 

where indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 3306; 3706; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T818 to read as follows: 

§ 165.T818 Moving Security Zones for 

Certain Vessels in Freeport Entrance 

Channel, Freeport, Texas. 

(a) Location. The following areas are 

security zones: All waters within the 

Captain of the Port Houston-Galveston 

Zone commencing at U.S. territorial 

waters through the Freeport Entrance 

Channel, from surface to bottom, one 

thousand (1,000) yards ahead and astern 

and five hundred (500) yards on each 

side of any vessel within the 12 nautical 

mile U.S. Territorial Waters in the 

Captain of the Port Houston-Galveston 

zone that displays the international 

signal flag or pennant number five. 

(b) Definitions. For the purposes of 

this section: 

Designated Representative means any 

U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the Captain of the Port, 

Houston-Galveston, to assist in the 

enforcement of the security zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Houston-Galveston 

or a designated representative. 

(2) Entry into or remaining in the 

security zones described in paragraph 

(a) of this section is prohibited for all 

vessels except: 

(i) Moored vessels or vessels anchored 

in a designated anchorage area. A 

moored or an anchored vessel in a 

security zone must remain moored or 

anchored unless it obtains permission 

from the Captain of the Port HoustonGalveston to do otherwise; 

(ii) Commercial vessels operating at 

the waterfront facilities within these 

security zones; 

(iii) Commercial vessel transiting 

directly to or from waterfront facilities 

within these security zones; 

(iv) Vessels providing direct 

operational/logistic support to 

commercial vessels within these 

security zones; 

(v) Vessels operated by the port 

authority or by facilities located within 

these security zones; and 

(vi) Vessels operated by federal, state, 

county, or municipal agencies; 

(3) All persons and vessels within the 

moving security zone must comply with 

the instructions of the Captain of the 

Port Houston-Galveston and designated 

on-scene U.S. Coast Guard patrol 

personnel. 

(4) To request permission as required 

by these regulations, contact the Sector 

Houston-Galveston Command Center by 

telephone at 713–671–5113. In Freeport, 

vessels should contact the Captain of 

the Port Houston Galveston’s designated 

representative for the moving security 

zone on VHF Channel 16, or by 

telephone at 979–233–7551. 

(d) Informational broadcasts. The 

Captain of the Port Houston-Galveston 

will inform the public when moving 

security zones have been established 

around certain vessels via Broadcast 

Notice to Mariners on VHF channel 16 

and 13. 

Dated: January 15, 2009. 

William J. Diehl, 

Captain, U.S. Coast Guard, Captain of the 

Port Houston-Galveston. 

[FR Doc. E9–6820 Filed 3–26–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 424 

[CMS–6006–F2] 

RIN 0938–AO84 

Medicare Program; Surety Bond 

Requirement for Suppliers of Durable 

Medical Equipment, Prosthetics, 

Orthotics, and Supplies (DMEPOS); 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 


sroberts on PROD1PC70 with RULES
13346 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 

SUMMARY: This correcting amendment 

corrects a technical error in the 

amendatory instructions of the 

regulations text in the final rule entitled 

‘‘Medicare Program; Surety Bond 

Requirement for Suppliers of Durable 

Medical Equipment, Prosthetics, 

Orthotics, and Supplies (DMEPOS)’’ 

published in the January 2, 2009 

Federal Register (74 FR 166). In that 

final rule, we implemented section 

1834(a)(16)(B) of the Social Security Act 

(the Act) requiring certain Medicare 

suppliers of durable medical equipment, 

prosthetics, orthotics and supplies 

(DMEPOS) to furnish CMS with a surety 

bond. In addition, in the January 2, 2009 

final rule, we responded to public 

comments on the August 1, 2007 

proposed rule (72 FR 42001). The 

effective date for the January 2, 2009 

final rule was March 3, 2009. 

DATES: Effective Date: This correcting 

amendment is effective March 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Frank Whelan, (410) 786–1302. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary of Error 

In FR Doc. E8–30802 issued on 

January 2, 2009 (74 FR 166), the final 

rule entitled ‘‘Medicare Program; Surety 

Bond Requirement for Suppliers of 

Durable Medical Equipment, 

Prosthetics, Orthotics, and Supplies 

(DMEPOS), there was a technical error 

that is identified and corrected in this 

document. The error was the result of a 

conflicting amendatory instruction in 

the ‘‘Payment Policies Under the 

Physician Fee Schedule and Other 

Revisions to Part B for CY 2009’’ final 

rule with comment period (73 FR 

69726) that was effective January 1, 

2009. The correction in this correcting 

amendment is effective on March 27, 

2009. 

On page 198 of the January 2, 2009 

final rule, we made a technical error in 

the amendatory instruction for § 424.57. 

In the first amendatory instruction 2.D., 

the phrase ‘‘Redesignating paragraphs 

(d) and (e) as paragraphs (e) and (f)’’ 

should be corrected to read 

‘‘Redesignating paragraphs (d) and (e) as 

paragraphs (e) and (g).’’ 

II. 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 

notice 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 notice 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 

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 

findings and the reasons in the notice. 

This action merely corrects a 

technical error in the January 2, 2009 

final rule that was promulgated through 

notice and comment rulemaking. We are 

in no way changing the policy 

contained in that rule. For this reason, 

we find that both notice and comment 

and the 30-day delay in effective date 

for this action are unnecessary. 

Therefore, we find there is good cause 

to waive notice and comment 

procedures and the 30-day delay in 

effective date for this action. 

List of Subjects in 42 CFR Part 424 

Emergency medical services, Health 

facilities, Health professions, Medicare. 

■ For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services amends 42 CFR 

chapter IV as set forth below: 

PART 424—CONDITIONS FOR 

MEDICARE PAYMENT 

■ 1. The authority citation for part 424 

is revised to read as follows: 

Authority: Secs. 1102 and 1871 of the 

Social Security Act (42 U.S.C. 1302 and 

1395hh). 

Subpart D—To Whom Payment Is 

Ordinarily Made 

§ 424.57 [Amended] 

■ 2. Section 424.57 is amended by 

redesignating paragraphs (d) and (e) as 

paragraphs (e) and (g). 

Authority: Catalog of Federal Domestic 

Program No. 93.774, Medicare— 

Supplementary Medical Insurance Program. 

Dated: March 17, 2009. 

Ashley Files Flory, 

Acting Executive Secretary to the Department. 

[FR Doc. E9–6778 Filed 3–26–09; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 447 and 457 

[CMS–2244–F3] 

RIN 0938–A047 

Medicaid Program; Premiums and Cost 

Sharing 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; delay of effective 

date and reopening of comment period. 

SUMMARY: This action temporarily 

delays the effective date of the 

November 25, 2008 final rule entitled, 

‘‘Medicaid Program; Premiums and Cost 

Sharing’’ (73 FR 71828) until December 

31, 2009. In addition, this action 

reopens the comment period on the 

policies set out in the November 25, 

2008 final rule, and specifically solicits 

comments on the effect of certain 

provisions of the American Recovery 

and Reinvestment Act of 2009. 

DATES: Effective Date. This action is 

effective March 26, 2009. The effective 

date of the rule amending 42 CFR parts 

447 and 457 published in the November 

25, 2008 Federal Register (73 FR 71828) 

is delayed until December 31, 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 

April 27, 2009. 

ADDRESSES: In commenting, please refer 

to file code CMS–2244–F3. 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 this regulation 

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

the instructions for ‘‘Comment or 

Submission’’ and enter the file code 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–2244– 

F3, P.O. Box 8010, Baltimore, MD 

21244–8010. 

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 


sroberts on PROD1PC70 with RULES