29452 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Robert Kelly (kelly.bob@epa.gov) Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–4249. 

Dated: June 12, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

[FR Doc. E9–14603 Filed 6–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0117, FRL–8920–6] 

Disapproval of Air Quality 

Implementation Plans; Connecticut; 

Attainment Demonstration for the 

Connecticut Portion of the New YorkN. New Jersey-Long Island, NY-NJ-CT 

8-Hour Ozone Nonattainment Area; 

Reopening of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: EPA is reopening the public 

comment period for a proposal 

published on May 8, 2009 (74 FR 

21568). In that action, EPA proposed to 

disapprove the ozone attainment 

demonstration submitted by the State of 

Connecticut for the Connecticut portion 

of the New York-N. New Jersey-Long 

Island, NY-NJ-CT moderate ozone 

nonattainment area. The comment 

period on this proposed action closed 

on June 8, 2009. At the request of the 

State of Connecticut, EPA is reopening 

the public comment period through 

August 7, 2009. EPA will consider all 

comments submitted on this proposed 

action from May 8, 2009 through August 

7, 2009. 

DATES: Written comments must be 

received on or before August 7, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2008–0117, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2008–0117,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (mail code CAQ), Boston, 

MA 02114–2023. 

5. Hand Delivery or Courier: Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2008– 

0117. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules 29453 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (CAQ), Boston, MA 02114– 

2023, telephone number (617) 918– 

1664, fax number (617) 918–0664, 

e-mail Burkhart.Richard@epa.gov. 

Dated: June 12, 2009. 

Ira W. Leighton, 

Acting, Regional Administrator, EPA New 

England. 

[FR Doc. E9–14604 Filed 6–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 441 

[CMS–2296–ANPRM] 

RIN 0938–AP61 

Medicaid Program; Home and 

Community-Based Services (HCBS) 

Waivers 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: This advance notice of 

proposed rulemaking announces the 

intention of CMS to publish proposed 

amendments to the regulations 

implementing Medicaid home and 

community-based services waivers 

under section 1915(c) of the Social 

Security Act and solicits advance public 

comments on the merits of providing 

States the option to combine or 

eliminate the existing three permitted 

waiver targeting groups, and on the 

most effective means to define home 

and community. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on August 21, 2009. 

ADDRESSES: In commenting, please refer 

to file code CMS–2296–ANPRM. 

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 under the ‘‘More Search 

Options’’ tab. 

2. By regular mail. You may mail 

written comments to the following 

address only: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–2296–ANPRM, P.O. Box 8016, 

Baltimore, MD 21244–1850. 

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 to the 

following address only: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–2296– 

ANPRM, Mail Stop C4–26–05, 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue, SW., 

Washington, DC 20201 

(Because access to the interior of the 

Hubert H. Humphrey 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. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 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: 

Mary Sowers, (410) 786–6814. 

SUPPLEMENTARY INFORMATION: 

Inspection of Public Comments: All 

comments received before the close of 

the comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following Web 

site as soon as possible after they have 

been received: http:// 

www.regulations.gov. Follow the search 

instructions on that Web site to view 

public comments. 

Comments received timely will also 

be available for public inspection as 

they are received, generally beginning 

approximately 3 weeks after publication 

of a document, at the headquarters of 

the Centers for Medicare & Medicaid 

Services, 7500 Security Boulevard, 

Baltimore, Maryland 21244, Monday 

through Friday of each week from 8:30 

a.m. to 4 p.m. To schedule an 

appointment to view public comments, 

phone 1–800–743–3951. 

I. Overview 

We are issuing this advance notice of 

proposed rulemaking (ANPRM) to 

announce our intention to publish a 

proposed rule and solicit public 

comments on the changes necessary to 

provide States the option to design 

home and community-based services 

(HCBS) waiver programs serving more 

than one target population. We are 

particularly interested in receiving 

comments on how removal of the 

existing regulatory barrier regarding 

target groups may increase a State’s 

ability to design service packages based 

on need, rather than diagnosis or 

condition. Furthermore, we are 

interested in receiving comments on 

how this change may affect the State’s 

ability to serve individuals requiring an 

institutional level of care and may 

facilitate compliance with the 

Americans with Disabilities Act of 1990 

(ADA). Title II of the ADA prohibits 

discrimination on the basis of disability 

and the Supreme Court ruled in 

Olmstead v. L.C., 527 U.S. 581 (1999), 

that unnecessary institutionalization 

may constitute discrimination under the 

ADA. Many States have used the home 

and community-based services waiver 

as a component of their Olmstead 

compliance efforts and we are interested 

in receiving comments about how this 

change may affect these efforts. We are 

intending to propose this change in an 

effort to remove barriers to personcentered, needs-based service delivery 

methods. Consequently, we are also 

hoping to hear from interested parties 

regarding recommendations to 

strengthen person-centered principles 

and practices for the successful 

operation of any HCBS waiver program, 

including those that may serve 

individuals based upon identified 

needs, rather than diagnosis. 

It is also our intention to publish as 

a part of the proposed rule requirements 

related to identifying the home and 

community-based character of the 

settings in which HCBS participants 


sroberts on PROD1PC70 with PROPOSALS