33328 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 

Regulation section Description of public reporting requirement 

Number of respondents 

(annually) 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Estimated 

annual burden 

404.942(a), 

416.1442(a).

If prehearing proceedings are not complete 

before the date of a hearing, an administrative law judge (ALJ) will receive the 

case unless a fully favorable decision is 

in process or all of the parties in the 

hearing agree in writing to delay the 

hearing until the proceedings are completed. 

Less than 10 (PRA 

exempt).

........................ ........................ ........................

404.942(d), 

416.1442(d).

If the attorney advisor issues a fully favorable decision under this section, we will 

mail a written notice of the decision to all 

parties at their last known address. We 

will state the basis for the decision and 

advise all parties that an ALJ will dismiss 

the hearing request unless a party requests that the hearing proceed. Parties 

who want to proceed with the hearing 

must request in writing within 30 days 

after the notice of the attorney advisor’s 

decision is mailed. 

Less than 10 (PRAexempt)......................... ........................ ........................

Totals .................. N/A ............................ ........................ ........................ N/A 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; 96.004, 

Social Security—Survivors Insurance; 

96.006, Supplemental Security Income.) 

List of Subjects 

20 CFR Part 404 

Administrative practice and 

procedure; Blind, Disability benefits; 

Old-age, survivors, and disability 

insurance; Reporting and recordkeeping 

requirements; Social Security. 

20 CFR Part 416 

Administrative practice and 

procedure; Aged, blind, disability 

benefits, public assistance programs, 

Reporting and recordkeeping 

requirements; Supplemental Security 

Income (SSI). 

Dated: July 7, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons stated in the preamble, 

we are amending subpart J of part 404 

and subpart N of part 416 of chapter III 

of title 20 of the Code of Federal 

Regulations as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE 

(1950– ) 

Subpart J—[Amended] 

■ 1. The authority citation for subpart J 

of part 404 continues to read as follows: 

Authority: Secs. 201(j), 204(f), 205(a), (b), 

(d)–(h), and (j), 221, 223(i), 225, and 702(a)(5) 

of the Social Security Act (42 U.S.C. 401(j), 

404(f), 405(a), (b), (d)–(h), and (j), 421, 423(i), 

425, and 902(a)(5)); sec. 5, Public Law 97– 

455, 96 Stat. 2500 (42 U.S.C. 405 note); secs. 

5, 6(c)–(e), and 15, Public Law 98–460, 98 

Stat. 1802 (42 U.S.C. 421 note); sec. 202, 

Public Law 108–203, 118 Stat. 509 (42 U.S.C. 

902 note). 

■ 2. In § 404.942, amend the second and 

fourth sentences of paragraph (a), 

paragraphs (b)(4) and (c)(2), and the first 

sentence of paragraph (d) by removing 

the words ‘‘wholly favorable’’ and 

adding in their place the words ‘‘fully 

favorable,’’ and revise paragraph (g) to 

read as follows: 

§ 404.942 Prehearing proceedings and 

decisions by attorney advisors. 

* * * * * 

(g) Sunset provision. The provisions 

of this section will no longer be effective 

on August 10, 2011, unless we terminate 

them earlier or extend them beyond that 

date by notice of a final rule in the 

Federal Register. 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart N—[Amended] 

■ 3. The authority citation for subpart N 

continues to read as follows: 

Authority: Secs. 702(a)(5), 1631, and 1633 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1383, and 1383b); sec. 202, Public 

Law 108–203, 118 Stat. 509 (42 U.S.C. 902 

note). 

■ 4. In § 416.1442, amend the second 

and fourth sentences of paragraph (a), 

paragraphs (b)(4) and (c)(2), and the first 

sentence of paragraph (d) by removing 

the words ‘‘wholly favorable’’ and 

adding in their place the words ‘‘fully 

favorable,’’ and revise paragraph (g) to 

read as follows: 

§ 416.1442 Prehearing proceedings and 

decisions by attorney advisors. 

* * * * * 

(g) Sunset provision. The provisions 

of this section will no longer be effective 

on August 10, 2011, unless we terminate 

them earlier or extend them beyond that 

date by notice of a final rule in the 

Federal Register. 

[FR Doc. E9–16510 Filed 7–10–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–09–0210] 

Drawbridge Operation Regulations; 

Hackensack River, Jersey City, NJ, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice cancelling temporary 

deviation from regulations. 

SUMMARY: The Coast Guard is cancelling 

the temporary deviation concerning the 

operation of the Witt Penn Bridge across 

the Hackensack River at mile 3.1, across 

the Hackensack River, at Jersey City, 

New Jersey. A temporary deviation was 

previously approved for the Lower Hack 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 33329 

Bridge at mile 3.4 across the Hackensack 

River and notice of that temporary 

deviation was made along with the 

notice for the Witt Penn Bridge. This 

temporary deviation was issued to 

facilitate bridge maintenance for the 

above bridges; however, the 

maintenance for the Witt Penn Bridge 

has been postponed necessitating the 

early cancellation of that portion of the 

temporary deviation. The maintenance 

of the Lower Hack Bridge will continue 

as planned, and the temporary deviation 

approved for the Lower Hack Bridge 

remains in effect. Once new dates are 

provided for the maintenance of the 

Witt Penn Bridge any new temporary 

deviation will be published in the 

Federal Register. 

DATES: The temporary deviation 

published on April 29, 2009 (74 FR 

19421) pertaining to the Witt Penn 

Bridge across the Hackensack River at 

mile 3.1, across the Hackensack River, at 

Jersey City, New Jersey is cancelled as 

of June 23, 2009. 

ADDRESSES: The docket for this 

cancelled deviation is available for 

inspection or copying at 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. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0210 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 

FOR FURTHER INFORMATION CONTACT: Gary 

Kassof, Project Officer, First Coast 

Guard District, gary.kassof@uscg.mil, 

telephone 212–668–7165. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

On April 29, 2009, we published a 

temporary deviation entitled 

‘‘Drawbridge Operation Regulations; 

New Jersey’’ in the Federal Register (71 

FR 19421). The temporary deviation 

concerned the Witt Penn Bridge at mile 

3.1, and the Lower Hack Bridge, mile 

3.4, both across the Hackensack River at 

Jersey City, New Jersey. 

Cancellation 

The Coast Guard received an 

additional request from the bridge 

owner of the Witt Penn Bridge, New 

Jersey Department of Transportation, on 

June 10, 2009, requesting the 

cancellation of the temporary deviation 

for the Witt Penn Bridge because the 

scheduled maintenance repairs did not 

begin on schedule due to a contractual 

dispute. 

The work for the Lower Hack Bridge 

began on schedule and will continue 

through July 22, 2009, as planned. 

The remaining bridge closure time 

period necessary to complete the 

maintenance work for the Lower Hack 

Bridge remains in effect through July 22, 

2009. If granted, a temporary deviation 

for the Witt Penn Bridge covering the 

revised maintenance work period will 

be published under a new temporary 

deviation in the Federal Register. 

The need to cancel the temporary 

deviation for the scheduled 

maintenance at the Witt Penn Bridge 

was due to a contractual dispute which 

delayed the start date of the bridge 

maintenance. 

Dated: June 17, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–16397 Filed 7–10–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0352; FRL–8929–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County, 

Continuous Opacity Monitor 

Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). This SIP revision, ‘‘Revision 58, 

Continuous Opacity Monitor Regulation 

Changes,’’ consists of changes to the 

Allegheny County Health Department 

(ACHD) Rules and Regulations, Article 

XXI, Air Pollution Control. EPA is 

approving this revision to the 

Pennsylvania SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

September 11, 2009 without further 

notice, unless EPA receives adverse 

written comment by August 12, 2009. If 

EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0352 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0352, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previously 

listed EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0352. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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. 


sroberts on DSKD5P82C1PROD with RULES