55672 Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations 

Subpart FF—New Jersey 

■ 2. Section 52.1570 is amended by 

adding new paragraph (c)(83) to read as 

follows: 

§ 52.1570 Identification of plans. 

* * * * * 

(c) * * * 

(83) Revisions to the State 

Implementation Plan and submitted on 

February 6, 2007 as proposed, and 

subsequently adopted and submitted on 

July 9, 2007 by the State of New Jersey 

Department of Environmental Protection 

(NJDEP) that establishes rules for the 

allowance allocation of oxides of 

nitrogen (NOX) for the annual and ozone 

season Clean Air Interstate Rule (CAIR) 

NOX Cap and Trade Programs. The 

submission also establishes a date when 

the CAIR NOX Trading Programs will 

replace the State’s NOX Budget Program, 

and satisfies New Jersey’s 110(a)(2)(D)(i) 

obligations to submit a SIP revision that 

contains adequate provisions to prohibit 

air emissions from adversely affecting 

another state’s air quality through 

interstate transport. 

(i) Incorporation by reference: 

(A) Title 7, Chapter 27, Subchapter 30 

of the New Jersey Administrative Code 

entitled ‘‘Clean Air Interstate Rule 

(CAIR) NOX Trading Program,’’ effective 

July 16, 2007 and Title 7, Chapter 27, 

Subchapter 31, Section 23 of the New 

Jersey Administrative Code entitled 

‘‘NOX Budget Program,’’ effective July 

16, 2007. 

(ii) Additional information: 

(A) February 2, 2007 letter from 

Commissioner Lisa P. Jackson, NJDEP, 

to Alan J. Steinberg, EPA, submitting 

proposed SIP revision, and request for 

parallel processing. 

(B) June 26, 2007 letter from 

Commissioner Lisa P. Jackson, NJDEP, 

to Alan J. Steinberg, EPA, submitting 

SIP revision. 

(C) December 29, 2006 letter from 

Commissioner Lisa P. Jackson, NJDEP, 

to Alan J. Steinberg, EPA, indicating 

how New Jersey has addressed the 

required elements of 110(a)(2)(D)(i). 

■ 3. In 52.1605, the table is amended by 

adding an entry for Subchapter 30 and 

revising the entry for Subchapter 31 

under the heading ‘‘Title 7, Chapter 27’’

to read as follows: 

§ 52.1605 EPA-approved New Jersey 

regulations. 

State regulation State effective 

date EPA approved date Comments 

* * * * * * * 

Title 7, Chapter 27 

* * * * * * * 

Subchapter 30, ‘‘Clean Air Interstate Rule (CAIR) NOX Trading Program.’’ July 16, 2007 ....... October 1, 2007 [Insert FR page citation].

Subchapter 31, ‘‘NOX Budget Program.’’ ...................................................... July 16, 2007 ....... October 1, 2007 [Insert FR page citation].

* * * * * * * 

PART 97—[AMENDED] 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 42 U.S.C. 7401, 7403, 7410, 

7426, 7601, and 7651, et seq. 

■ 2. Appendix A to Subpart EE is 

amended by adding the entry for ‘‘New 

Jersey’’ in alphabetical order under 

paragraphs 1. and 2. to read as follows: 

Appendix A to Subpart EE of Part 97—

States With Approved State 

Implementation Plan Revisions 

Concerning Allocations 

* * * * * 

1. * * * 

New Jersey 

2. * * * 

New Jersey 

■ 3. Appendix A to Subpart EEEE is 

amended by adding the entry for ‘‘New 

Jersey’’ in alphabetical order under the 

introductory text to read as follows: 

Appendix A to Subpart EEEE of Part 

97—States With Approved State 

Implementation Plan Revisions 

Concerning Allocations 

* * * * * 

New Jersey 

[FR Doc. E7–19216 Filed 9–28–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 418 

[CMS–1539–CN] 

RIN 0938–AO72 

Medicare Program; Hospice Wage 

Index for Fiscal Year 2008 Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

typographical errors that appeared in 

the final rule published in the August 

31, 2007 Federal Register entitled 

‘‘Medicare Program; Hospice Wage 

Index for Fiscal Year 2008.’’

DATES: Effective Date: These corrections 

are effective on October 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Terri Deutsch, (410) 786–9462. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 07–4292 of August 31, 

2007 (72 FR 50214), there were errors 

that are identified and corrected in 

‘‘Section III Correction of Errors’’. The 

provisions in this correction notice are 

effective as if they had been included in 

the August 31, 2007 final rule. 

Accordingly, these corrections are 

effective October 1, 2007. 

II. Summary of Errors 

Table A of the Addendum lists the 

fiscal year (FY) 2008 urban wage index 

values for hospice providers by CoreBased Statistical Areas (CBSA) 

designations. To ensure that hospice 

providers are able to identify their FY 

2008 wage index value, table A contains 

the CBSA codes, CBSA county name 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations 55673 

(urban area), and CBSA wage index for 

urban geographic areas. However, for 

CBSA codes 29940 and 44140, on pages 

50238 and 50245, respectively, we 

inaccurately specified the urban areas. 

These errors do not represent a 

change in policy. In addition, these 

changes are consistent with the 

proposed rule (72 FR 24146 and 24162) 

and how the urban areas have been 

defined in the past. 

III. Correction of Errors 

FR Doc. 07–4292 of August 31, 2007 

(72 FR 50214), make the following 

corrections: 

1. On page 50238, in ‘‘TABLE A—

HOSPICE WAGE INDEX FOR URBAN 

AREAS BY CBSA,’’ the urban area for 

CBSA code 29940 is corrected to read as 

follows: 

CBSA code Urban area (constituent counties or county equivalents) 2 Wage index 1

29940 ............................................... Lawrence, KS, Douglas, KS ................................................................................................. 0.8923 

2. On page 50245, in ‘‘TABLE A—

HOSPICE WAGE INDEX FOR URBAN 

AREAS BY CBSA,’’ the urban area for 

CBSA code 44140 is corrected to read as 

follows: 

CBSA code Urban area (constituent counties or county equivalents) 2 Wage index 1

44140 ............................................... Springfield, MA, Franklin, MA, Hampden, MA, Hampshire, MA ........................................... 1.0751 

IV. Waiver of Proposed Rulemaking 

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 

take effect, in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

The revisions contained in this 

document merely correct typographical 

errors in Table A of the Addendum. 

These corrections are necessary to 

ensure that the final rule accurately 

reflects the correct urban areas. Since 

these changes do not represent any 

policy changes, but are merely technical 

in nature, we find that public comments 

on these revisions are unnecessary. 

Therefore, we find good cause to waive 

notice and comment procedures and the 

30-days delay in effective date. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 26, 2007. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 07–4851 Filed 9–28–07; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 101 

[WT Docket No. 07–54; RM–11043; FCC 07–

163] 

Amendment of the Commission’s 

Rules To Modify Antenna 

Requirements for the 10.7–11.7 GHz 

Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission amends its rules to allow 

the use of smaller antennas by Fixed 

Service licensees in the 10.7–11.7 GHz 

band. The Commission also adopts rules 

to ensure that the use of smaller 

antennas does not harm other users in 

the band. This action will facilitate a 

range of fixed microwave applications—

including those that support next 

generation mobile services—that are not 

accommodated under the existing rules 

for the band. 

DATES: Effective Date: October 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Brian Wondrack, Broadband Division, 

Wireless Telecommunications Bureau at 

(202) 418–0653 or via the Internet at 

Brian.Wondrack@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, WT Docket No. 07–54, RM–

11043, adopted September 7, 2007 and 

released September 10, 2007. The full 

text of this document is available on the 

Commission’s Internet site at http:// 

www.fcc.gov. It is also available for 

inspection and copying during regular 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

full text of this document also may be 

purchased from the Commission’s 

duplication contractor, Best Copy and 

Printing Inc., Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554; telephone (202) 488–5300; fax 

(202) 488–5563; e-mail 

FCC@BCPIWEB.COM. Alternate formats 

are available to persons with disabilities 

by e-mail @ FCC504@fcc.gov or by 

calling (202) 418–0530 or TTY (202) 

418–0432. 

I. Summary of the Report and Order 

(WT Docket No. 07–54) 

1. In this Report and Order, in WT 

Docket No. 07–54, the Commission 

adopted amendments to 47 CFR 101.115 

to permit the installation of smaller 

antennas by Fixed Service (FS) 

operators in the 10.7–11.7 GHz (11 GHz) 

band. The Commission also amended 47 

CFR 101.115 to require any FS licensee 

that deploys a smaller antenna that does 

not comply with Category A standard in 

the 11 GHz band to ensure that the 

introduction of such an antenna into the 

11 GHz band does not cause any more 

interference to other licensees and 

applicants in the band than an antenna 

meeting the Category A standard. The 

Commission found that these 

modifications serve the public interest 

by facilitating the efficient use of the 11 

GHz band while protecting other users 

in the band from interference. Because 

our adoption of the subject rules permits 


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