26600 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules 

brings new details to light and the 

accuracy of such information can often 

only be determined in a court of law. 

The restrictions imposed by subsection 

(e)(5) would restrict the ability of 

trained investigators, intelligence 

analysts, and government attorneys to 

exercise their judgment in collating and 

analyzing information and would 

impede the development of criminal or 

other intelligence necessary for effective 

law enforcement. 

(11) From subsection (e)(8) because 

the individual notice requirements of 

subsection (e)(8) could present a serious 

impediment to law enforcement by 

revealing investigative techniques, 

procedures, evidence, or interest and 

interfering with the ability to issue 

warrants or subpoenas, and could give 

persons sufficient warning to evade 

investigative efforts. 

(12) From subsections (f) and (g) 

because these subsections are 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act. 

Dated: May 28, 2009. 

Kirsten J. Moncada, 

Acting Chief Privacy and Civil Liberties 

Officer. 

[FR Doc. E9–12859 Filed 6–2–09; 8:45 am] 

BILLING CODE 4410–14–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0314; FRL–8906–2] 

Revisions to the California State 

Implementation Plan, San Diego Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Diego Air Pollution 

Control District (SDAPCD) portion of 

the California State Implementation 

Plan (SIP). The revisions concern the 

permitting of air pollution sources. We 

are proposing to approve SDAPCD Rule 

27.1—Federal Requirements for the San 

Diego County Air Pollution Control 

District’s Alternative Mobile Source 

Emission Reduction Program Approved 

on September 8, 2000, which is a local 

rule that regulates air pollution sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by July 6, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0314, by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

• E-mail: R9airpermits@epa.gov. 

• Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action is available electronically at 

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 

below. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, Permits Office (AIR– 

3), U.S. Environmental Protection 

Agency, Region IX, (415) 947–4156, 

kelly.shaheerah@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rule: Rule 27.1—Federal Requirements 

for the San Diego County Air Pollution 

Control District’s Alternative Mobile 

Source Emission Reduction Program 

Approved on September 8, 2000. In the 

Rules and Regulations section of this 

Federal Register, we are approving this 

local rule in a direct final action without 

prior proposal because we believe the 

SIP revision is not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: May 7, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–12790 Filed 6–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1406–P2] 

RIN 0938–AP39 

Medicare Program; Proposed Rate 

Year (RY) 2010 Medicare SeverityLong-Term Care Diagnosis-Related 

Group (MS–LTC–DRG) Relative 

Weights and High-Cost Outlier FixedLoss Amount 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule; supplemental. 

SUMMARY: This supplemental proposed 

rule presents both proposed rate year 

(RY) 2010 Medicare severity-long-term 

care diagnosis-related group (MS–LTC– 

DRG) relative weights and a proposed 

RY 2010 high cost outlier (HCO) fixedloss amount based on the revised fiscal 

year (FY) 2009 MS–LTC–DRG relative 

weights presented in an interim final 

rule with comment period published 

elsewhere in this Federal Register. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on June 30, 2009. 

ADDRESSES: In commenting, please refer 

to file code CMS–1406–P2. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 


sroberts on PROD1PC70 with PROPOSALS