4344 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Rules and Regulations 

Addendum B.—Final OPPS Payment by 

HCPCS Code for CY 2009 

2. On page 69228, in line 31, for 

HCPCS Code J3300— 

A. In column 4, the status indicator 

‘‘N’’ is corrected to read ‘‘K.’’ 

B. In column 5, the APC is corrected 

to read ‘‘1253.’’ 

C. In column 7, the payment rate is 

corrected to read ‘‘$3.18.’’ 

D. In column 9, the minimum 

unadjusted copayment is corrected to 

read ‘‘$0.64.’’ 

The HCPCS Code for J3300 should 

read as follows: 

HCPCS 

Code Short descriptor CI SI APC Relative weight 

Payment 

rate 

National 

unadjusted 

copayment 

Minimum 

unadjusted 

copayment 

J3300 ..... Triamcinolone A inj PRS-free ....................... NI K 1253 ................ $3.18 ................. $0.64 

Addendum BB.—Final ASC Covered 

Ancillary Services Integral to Covered 

Surgical Procedures for CY 2009 

(Including Ancillary Services for Which 

Payment Is Packaged) 

3. On page 69301, in line 37, for 

HCPCS Code J3300— 

A. In column 4, the payment indicator 

‘‘N1’’ is corrected to read ‘‘K2.’’ 

B. In column 6, the CY 2009 second 

year transition payment is corrected to 

read ‘‘$3.18.’’ 

IV. 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 

finding and the reasons in the notice. 

The policies and payment 

methodologies finalized in the CY 2009 

OPPS/ASC final rule with comment 

period have previously been subjected 

to notice and comment procedures. This 

correction notice merely provides 

technical corrections to the CY 2009 

OPPS/ASC final rule with comment 

period that was promulgated through 

notice and comment rulemaking, and 

does not make substantive changes to 

the policies or payment methodologies 

that were finalized in the final rule with 

comment period. In order to conform 

the document to the final policies of the 

CY 2009 OPPS/ASC final rule with 

comment period, this notice makes 

changes to revise inaccurate tabular 

information. Therefore, we find it 

unnecessary to undertake further notice 

and comment procedures with respect 

to this correction notice. In addition, we 

believe it is important for the public to 

have the correct information as soon as 

possible and find no reason to delay the 

dissemination of it. For the reasons 

stated above, we find that both notice 

and comment and the 30-day delay in 

effective date for this correction notice 

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 correction 

notice. 

(Catalog of Federal Domestic Assistance 

Program No. 93.774, Medicare— 

Supplementary Medical Insurance Program) 

Dated: January 16, 2009. 

Ann Agnew, 

Executive Secretary to the Department. 

[FR Doc. E9–1519 Filed 1–23–09; 8:45 am] 

BILLING CODE 4120–10–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter 1 

[FCC 08–243; WT Docket No. 00–230] 

Promoting Efficient Use of Spectrum 

Through Elimination of Barriers to the 

Development of Secondary Markets 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In the Second Order on 

Reconsideration, the Commission 

denies a petition for reconsideration or, 

in the alternative, clarification filed by 

T-Mobile USA, Inc. with respect to the 

Commission’s Secondary Markets 

Second Report and Order (Second R&O) 

in this proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Spectrum and Competition Policy 

Division: Paul D’Ari at (202) 418–1550. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Order on Reconsideration, WT Docket 

No. 00–230, adopted on October 9, 2008 

and released on October 17, 2008. The 

full text of this document is available on 

the Internet at the Commission’s Web 

site: http://hraunfoss.fcc.gov/ 

edocs_public. It is also available for 

inspection and copying from 8 a.m. to 

4:30 p.m. ET Monday through Thursday 

or from 8 a.m. to 11:30 a.m. ET on 

Fridays in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. You may 

purchase the Second Order on 

Reconsideration from the Commission’s 

duplicating contractor, Best Copy & 

Printing, Inc. (BCPI), Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 202– 

488–5300, facsimile 202–488–5563, or 

you may contact BCPI at its Web site: 

http://www.BCPIWEB.com. When 

ordering documents from BCPI, please 

provide the appropriate FCC document 

number, for example, FCC 08–243. 

Summary of the Second Order on 

Reconsideration 

1. The Second Order on 

Reconsideration denies a Petition for 

Reconsideration or, in the Alternative, 

Clarification (Petition) filed by T-Mobile 

USA, Inc. (T-Mobile). In the Second 

R&O, the Commission took several steps 

to facilitate the development of 

secondary markets in spectrum usage 

rights involving Wireless Radio 

Services. Among other things, the 

Commission established immediate 

approval procedures for spectrum 

leasing arrangements and license 

assignments and transfers of control 

where the potential lessee or assignee/ 

transferee could certify either (1) that it 

does not have more than 25 percent 

indirect foreign ownership, or (2) that it 

has previously obtained a declaratory 

ruling from the Commission 

establishing that the proposed 

transaction falls within the scope of that 

declaratory ruling, including with 

respect to type of service and geographic 

coverage area, and that there has been 

no change in foreign ownership in the 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Rules and Regulations 4345 

meantime. The Commission determined 

that transactions raising specified 

potential public interest concerns, 

including certain transactions raising 

potential foreign ownership concerns 

associated with section 310(b)(4) of the 

Communications Act, would not be 

among those eligible for processing 

under the immediate approval 

procedures and would remain subject to 

the certification and declaratory ruling 

requirements in the existing streamlined 

processing procedures. However, the 

Commission also announced a policy of 

entertaining section 310(b)(4)-related 

petitions that could enable carriers with 

indirect foreign ownership interests to 

avail themselves of speedier processing 

of spectrum leasing arrangements and 

license assignments under certain 

circumstances. 

2. In the Petition, T-Mobile asked the 

Commission not to strictly construe the 

new section 310(b)(4) policy and to 

revise or clarify it to eliminate the need 

for a new declaratory ruling under 

certain circumstances, including, among 

others, when foreign ownership of the 

ultimate controlling entity would 

remain unchanged and the licenses that 

are the subject of the proposed 

transaction would be utilized in the 

current business of the applicant and its 

affiliates. 

3. The Commission affirmed the 

policy adopted in the Second R&O and 

denied T-Mobile’s Petition. The 

Commission determined that it had 

struck an appropriate balance in the 

Second R&O between promoting 

secondary markets and ensuring 

adequate review of proposed 

transactions by the Commission and the 

Executive Branch. The Commission also 

found that the revised criteria proposed 

by T-Mobile were not sufficiently 

precise to allow the Commission to 

dispense with the requirement for a new 

declaratory ruling for purposes of its 

section 310(b)(4) review. 

4. Accordingly, it is ordered that 

pursuant to sections 1, 4(i), 301, 303(r), 

and 310 of the Communications Act, as 

amended, 47 U.S.C. 151, 154(i), 301, 

303(r), and 310, the Petition is hereby 

denied. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–1286 Filed 1–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 02–112, CC Docket No. 00– 

175 and WC Docket No. 06–120; FCC 07– 

159] 

Section 272(f)(1) Sunset of the BOC 

Separate Affiliate and Related 

Requirements; 2000 Biennial 

Regulatory Review Separate Affiliate 

Requirements of Section 64.1903 of the 

Commission’s Rules; Petition of AT&T 

Inc. for Forbearance Under 47 U.S.C. 

160(c) With Regard to Certain 

Dominant Carrier Regulations for InRegion, Interexchange Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On September 24, 2008, the 

Office of Management and Budget 

(OMB) approved, for a period of three 

years, the information collections for the 

service quality measurement plan for 

interstate special access and monthly 

usage requirements associated with the 

Commission’s Section 272(f)(1) Sunset 

of the BOC Separate Affiliate and 

Related Requirements; 2000 Biennial 

Regulatory Review Separate Affiliate 

Requirements of Section 64.1903 of the 

Commission’s Rules; Petition of AT&T 

Inc. for Forbearance Under 47 U.S.C. 

160(c) with Regard to Certain Dominant 

Carrier Regulations for In-Region, 

Interexchange Services, Report and 

Order and Memorandum Opinion and 

Order, FCC 07–159 (released Aug. 31, 

2007) (Report and Order). These 

information collection requirements 

required OMB approval in order to 

become effective. 

DATES: On September 24, 2008, the 

Office of Management and Budget 

approved the information collections for 

the service quality measurement plan 

for interstate special access and monthly 

usage requirements adopted in the 

Report and Order published at 72 FR 

58021, October 12, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hendrickson, Competition 

Policy Division, Wireline Competition 

Bureau, at (202) 418–7295. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on 

September 24, 2008, OMB approved, for 

a period of three years, certain 

information collection requirements for 

the service quality measurement plan 

for interstate special access and monthly 

usage requirements contained in the 

Commission’s Report and Order, FCC 

07–159, published at 72 FR 58021, 

October 12, 2007. The OMB Control 

Number is 3060–1120. The Commission 

publishes this notice as an 

announcement of that approval. If you 

have any comments on the burden 

estimates listed below, or how the 

Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Thomas 

Butler, Federal Communications 

Commission, Room 5–C457, 445 12th 

Street, SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–1120, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on September 

24, 2008, for the information collection 

requirements for the service quality 

measurement plan for interstate special 

access and monthly usage requirements 

associated with the Report and Order. 

The OMB Control Number is 3060– 

1120. The total annual reporting burden 

for respondents for these collections of 

information, including the time for 

gathering and maintaining the collection 

of information, is estimated to be: 3 

respondents, 48 responses, total annual 

burden hours of 3,000 hours, and no 

annual costs. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act, which does 

not display a current, valid OMB 

Control Number. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–1256 Filed 1–23–09; 8:45 am] 

BILLING CODE 6712–01–P