Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Rules and Regulations 15219 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 661 

Swing Bridge across the Houma 

Navigation Canal, mile 36.0, in Houma, 

Terrebonne Parish, Louisiana. The 

deviation is necessary to replace the 

wedge assemblies on the bridge. This 

deviation allows the bridge to remain 

closed during daytime hours with three 

approved openings and remain in the 

open-to-navigation position at night for 

the passage of vessels. 

DATES: This deviation is effective from 

6 a.m. on April 20, 2009 through 8 p.m. 

on April 30, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0162 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays, and the Eighth 

Coast Guard District, Bridge 

Administration Branch, Hale Boggs 

Federal Building, Room 1313, 500 

Poydras Street, New Orleans, Louisiana 

70130–3310 between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

David Frank, Bridge Administration 

Branch, telephone (504) 671–2128. 

SUPPLEMENTARY INFORMATION: Louisiana 

Department of Transportation and 

Development has requested a temporary 

deviation from the operating schedule of 

the State Route 661 Swing Bridge across 

the Houma Navigation Canal, mile 36.0, 

in Houma, Terrebonne Parish, 

Louisiana. The closure is necessary to 

allow for repairs to the bridge. From 

Monday, April 20, 2009, until Thursday, 

April 30, 2009, the contractor plans to 

work from 6 a.m. until 8 p.m. daily with 

three scheduled openings for the 

passage of vessels. From 8 p.m. until 6 

a.m. daily, the bridge will remain in the 

open to navigation position for the 

passage of vessels. 

The vertical clearance of the swing 

bridge in the closed-to-navigation 

position is 1.0 feet and unlimited in the 

open-to-navigation position. If for any 

reason, the contractor is not working 

during this period, the bridge will be 

returned to normal operation and must 

open on signal. If the maintenance work 

is completed prior to April 30, 2009, the 

bridge will be returned to normal 

operation. The bridge owner will keep 

the Coast Guard informed as to any 

change in the schedule so that proper 

notices to mariners may be issued 

informing the public of changes to the 

operation of the bridge. 

Presently, the bridge operates in 

accordance with 33 CFR 117.455 which 

requires the draw of the bridge across 

the Houma Navigation Canal at S661, 

mile 36.0 at Houma, to open on signal, 

except that the draw need not be opened 

for the passage of vessels Monday 

through Friday except holidays from 7 

a.m. to 8:30 a.m., from 11:45 a.m. to 

12:15 p.m., from 12:45 p.m. to 1:15 p.m., 

and 4:30 p.m. to 6 p.m. This deviation 

will allow the bridge to remain in the 

closed-to-navigation position from 6 

a.m. until 8 p.m. daily; except that, the 

draw will open on signal for the passage 

of vessels at 8 a.m., noon, and 4 p.m. 

From 8 p.m. until 6 a.m., the bridge will 

remain in the open-to-navigation 

position for the passage of vessel. The 

temporary deviation will begin on 

Monday, April 20, 2009 and continue 

through 8 p.m. on Thursday, April 30, 

2009. Navigation on the waterway 

consists of tugs with tows, fishing 

vessels and recreational craft. Due to 

prior experience and coordination with 

waterway users it has been determined 

that this closure will not have a 

significant effect on these vessels. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 16, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–7528 Filed 4–2–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–1155; FRL–8767–5] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Updated Statutory and Regulatory 

Provisions; Rescissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Clean Air Act, EPA 

is approving a revision to the Nevada 

state implementation plan involving 

legal authority. This revision was one of 

the provisions that were the subject of 

a proposed rule published in the 

Federal Register on December 14, 2007. 

EPA is taking this action under the 

Clean Air Act obligation to take action 

on submittals of revisions to state 

implementation plans. The effect of this 

action is to update the Nevada state 

implementation plan. 

DATES: Effective Date: This rule is 

effective on May 4, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2007–1155 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments, Previous Related Final 

Rule, and State Submittal of Public 

Process Documentation 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On December 14, 2007 (72 FR 71095), 

under the Clean Air Act (CAA or ‘‘Act’’), 

EPA proposed approval of certain 

revisions, and disapproval of certain 

other revisions, to the Nevada State 

Implementation Plan (SIP) that had been 

submitted by the Nevada Division of 

Environmental Protection (NDEP) on 

January 12, 2006 and June 26, 2007. The 

provisions that were proposed for 

approval on December 14, 2007 

included certain definitions; prohibitory 

rules; provisions related to legal 

authority and enforcement; rules 

establishing opacity, sulfur and volatile 

organic compound limits; and rescission 

of abbreviations. The proposed 

disapprovals related to rescission of a 

certain definition and rescission of a 

rule related to emission discharge 

information. In our proposed rule, we 

indicated that that the approval of a 

certain statutory provision related to 

legal authority (i.e., [Nevada Revised 

Statutes (NRS) section 445B.310 


tjames on PRODPC75 with RULES
15220 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Rules and Regulations 

1Upon the effective date of today’s final rule, the 

following provision will be superseded in the 

applicable SIP (superseding provision shown in 

parentheses): NRS 445.493 (NRS 445B.310). 

(‘‘Limitations on enforcement of Federal 

and State regulations concerning 

indirect sources’’)], which had been 

included in NDEP’s June 26, 2007 SIP 

revision submittal, would be contingent 

upon the receipt of necessary evidence 

of public process supporting the State 

adoption of NRS section 445B.310 as a 

revision to the Nevada SIP. Contingent, 

as noted, upon receipt of the public 

process documentation, we proposed 

approval of NRS section 445B.310 in 

our December 14, 2007 action because 

we found that it strengthens the SIP and 

provides the necessary legal authority to 

implement indirect source programs, 

where necessary to meet the national 

ambient air quality standards. 

Our December 14, 2007 proposed rule 

and related technical support document 

(TSD) provide additional background 

information and a more detailed 

rationale for our proposed approval of 

NRS section 445B.310. 

II. Public Comments, Previous Related 

Final Rule, and State Submittal of 

Public Process Documentation 

EPA’s December 14, 2007 proposed 

rule provided a 30-day public comment 

period, and no comments were 

submitted. On April 9, 2008 (73 FR 

19144), we took final action on all of the 

provisions that were the subject of our 

December 14, 2007 proposed rule except 

for NRS section 445B.310. As to NRS 

section 445B.310, we had not yet 

received the necessary public process 

documentation and indicated that we 

were deferring final action to a separate 

document. See 73 FR 19144, at 19145 

(April 9, 2008). 

By letter dated November 25, 2008, 

NDEP submitted materials documenting 

public notice and the opportunity for 

public hearing on NRS section 445B.310 

as a revision to the Nevada SIP. We have 

reviewed these materials and find that 

they satisfy the public process 

requirements for SIP revisions under 

CAA section 110(l). Therefore, we take 

final action today to approve NRS 

445B.310, as submitted by NDEP on 

June 26, 2007, as a revision to the 

Nevada SIP. 

III. EPA Action 

As authorized under section 110(k) of 

the Act, and for the reasons described 

above and in our proposed rule, EPA is 

approving NRS section 445B.310 

(‘‘Limitations on enforcement of federal 

and state regulations concerning 

indirect sources’’), as submitted by 

NDEP on June 26, 2007, as a revision to 

the Nevada SIP.1

IV. 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 

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 rule 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. section 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 June 2, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: March 12, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, 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 DD—Nevada 

■ 2. Section 52.1470 is amended by 

adding paragraph (c)(66)(i)(A)(4) to read 

as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 


tjames on PRODPC75 with RULES
Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Rules and Regulations 15221 

(66) * * * 

(i) * * * 

(A) * * * 

(4) Nevada Revised Statutes (NRS) 

(2003), chapter 445B, section 445B.310 

(‘‘Limitations on enforcement of federal 

and state regulations concerning 

indirect sources’’). 

* * * * * 

[FR Doc. E9–7428 Filed 4–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 440 

[CMS–2232–F2] 

RIN 0938–AP72 

Medicaid Program; State Flexibility for 

Medicaid Benefit Packages 

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 

December 3, 2008 final rule entitled, 

‘‘Medicaid Program: State Flexibility for 

Medicaid Benefit Packages’’ (73 FR 

73694) until December 31, 2009. In 

addition, this action reopens the 

comment period on the policies set out 

in the December 3, 2008 final rule, and 

specifically solicits comments on the 

effect of certain provisions of the 

Children’s Health Insurance Program 

Reauthorization Act of 2009. 

DATES: Effective Date: This action is 

effective April 2, 2009. The effective 

date of the rule amending 42 CFR part 

440 published in the December 3, 2008, 

Federal Register (73 FR 73694), delayed 

February 2, 2009 (74 FR 5808), is further 

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 

May 4, 2009. 

ADDRESSES: In commenting, please refer 

to file code CMS–2232–F2. 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–2232– 

F2, 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–F2, Mail Stop C4–26–05, 

7500 Security Boulevard, Baltimore, MD 

21244–8010. 

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 

A. Regulatory History 

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 (DRA) of 

2005, (Pub. L. 109–171), enacted on 

February 8, 2006, 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. 

Subsequent to the publication of the 

December 3, 2008 final rule, in 

accordance with the memorandum of 

January 20, 2009 from the Assistant to 

the President and the Chief of Staff, 

entitled ‘‘Regulatory Review,’’ we 

published an interim final rule with 

comment period in the Federal Register 

to temporarily delay for 60 days the 

effective date of the December 3, 2008 

final rule entitled, ‘‘Medicaid Program; 

State Flexibility for Medicaid Benefit 

Packages’’ (February 2, 2009, 74 FR 

5808). The interim final rule also 

reopened the comment period on the 

policies set out in the December 3, 2008 

final rule. We received nine public 

comments in response to the February 2, 

2009 interim final rule. 

B. New Legislation 

On February 4, 2009, the Children’s 

Health Insurance Program 

Reauthorization Act (CHIPRA) of 2009 

(Pub. L. 111–3) was enacted. Certain 

provisions of the CHIPRA affect current 

regulations regarding State Flexibility 

for Medicaid Benefit Packages, 

including the December 3, 2008 final 

rule. Specifically, section 611(a)(1)(C) 

and section 611(a)(3) of CHIPRA 

amends section 1937 of the Act, to 

require States to assure that children 

under the age of 21, rather than those 

under 19 as specified in the DRA of 

2005, who are included in benchmark or 

benchmark-equivalent plans, have 

access to the Early Periodic Screening, 

Diagnosis, and Treatment (EPSDT) 

services. EPSDT services may be 

provided through a benchmark or 

benchmark-equivalent plan or as a 

wrap-around benefit to those plans. 

Section 611(a)(1)(A)(i) of CHIPRA 

amends section 1937 of the Act by 

changing the language 

‘‘Notwithstanding any other provision 

of this title * * *’’ to read 

‘‘Notwithstanding section 1902(a)(1) 

(relating to statewideness), section 

1902(a)(10)(B) (relating to 

comparability), and any other provision 

of this title which would be directly 

contrary to the authority * * *’’ 


tjames on PRODPC75 with RULES