Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Proposed Rules 10195 

Direct Single Family Housing financing 

and will not apply to small entities. 

There will be no significant information 

collection, or regulatory requirements 

imposed on small entities under this 

proposed rule. 

Federalism 

The policies contained in this rule do 

not have any substantial direct effect on 

States, the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Nor does this rule 

impose a substantial direct compliance 

cost on State and local Governments. 

Therefore, consultation with the States 

is not required. 

Background 

In the event of a foreclosure or deedin-lieu of foreclosure (voluntary 

conveyance), the original recapture 

regulation promulgated on October 1, 

1979 provided for recapture of the full 

amount of subsidy granted in 

determining the balance owed. 

However, when the Section 502 SFH 

direct loan program was restructured on 

November 22, 1996, the revised 

recapture regulation, 7 CFR 3550.162, 

this provision was omitted. Therefore, 

because of the omission of the critical 

language in the regulation, full recovery 

is not currently supported by regulatory 

authority. 

Foreclosure or deed-in-lieu of 

foreclosure (voluntary conveyance) is a 

last resort to protect the government’s 

interest after all other servicing actions 

have failed. Recovery of some or the 

entire payment subsidy provided to 

direct single family housing borrowers 

or ‘‘recapture’’ is provided for by statute 

in 42 U.S.C. 1490a(a)(1)(D). The statute 

gives the Secretary broad discretion in 

determining the amount of the subsidy 

recapture. 

Currently, there is no clear regulatory 

authority in 7 CFR 3550 for full recovery 

of the payment assistance subsidy that 

the borrower receives as was provided 

for in the original regulation. In 

addition, prior to the revision of the 

original recapture regulation in 1996, 

the Subsidy Repayment Agreement also 

provided that the full amount of the 

subsidy was repayable in the event of a 

foreclosure or deed in lieu of foreclosure 

(voluntary conveyance). The current 

Subsidy Repayment Agreement only 

provides for the formula calculation of 

the subsidy for repayment. Further, 

there was no discussion in the preamble 

implementing the proposed and final 

rules regarding an intent to change this 

provision. This rule will clarify the 

subsidy repayment requirement in event 

of foreclosure or deed-in-lieu of 

foreclosure (voluntary conveyance) by 

restoring the original regulatory 

authority and policy of full recovery of 

the subsidy in these foreclosure 

situations. The current Subsidy 

Repayment agreement will be revised to 

reflect the language of the regulation 

once the proposed regulation is 

finalized. Recovery of the subsidy will 

only come from proceeds from the sale 

of the property. The borrower will not 

be personally liable for any deficiency 

in repayment of the full subsidy to the 

Agency as a result of this action and the 

Agency will not seek to recover unpaid 

subsidy from assets of the borrower 

other than the property which was 

security for the loan. 

List of Subjects in 7 CFR Part 3550 

Administrative practice and 

procedure, Conflict of interests, 

Environmental impact statements, Equal 

credit opportunity, Fair housing, 

Accounting, Housing, Loan programs— 

Housing and community development, 

Low and moderate income housing, 

Manufactured homes, Reporting and 

recordkeeping requirements, Rural 

areas, Subsidies. 

For the reasons stated in the 

preamble, chapter XXXV, Title 7 of the 

Code of Federal Regulations, is 

proposed to be amended as follows: 

PART 3550—DIRECT SINGLE FAMILY 

HOUSING LOANS AND GRANTS 

1. The authority citation for part 3550 

continues to read as follows: 

Authority: 5 U.S.C. 301; 42 U.S.C. 1480. 

Subpart A—General 

2. Section 3550.162 is revised to read 

as follows: 

§ 3550.162 Recapture. 

(a) Recapture policy. Borrowers with 

loans approved or assumed on or after 

October 1, 1979, will be required to 

repay subsidy amounts received through 

payment subsidy or deferred mortgage 

assistance. Amounts to be recaptured 

are due and payable in the event of 

foreclosure or when the borrower 

transfers title or ceases to occupy the 

property. The real estate that secures the 

loan is the only security for the 

repayment of the subsidy granted on the 

loan. The repayment of subsidy is not a 

personal obligation of the borrower and 

no amount attributed to subsidy shall be 

included in any deficiency sought to be 

collected from a borrower after a 

voluntary conveyance or foreclosure. 

(b) Amount to be recaptured. (1) The 

maximum amount to be recaptured is 

the amount of principal reduction 

attributed to subsidy and the lesser of: 

(i) The amount of subsidy received; or 

(ii) 50 percent of the value 

appreciation. 

(2) Foreclosure or deed-in-lieu of 

foreclosure (voluntary conveyance). 

Notwithstanding the provisions of 

paragraph (b)(1) of this section the 

unpaid balance of loans being 

liquidated by deed-in-lieu of foreclosure 

(voluntary conveyance) to the 

government or foreclosure shall include 

the total amount of subsidy that has 

been granted on the loan. 

(3) The value appreciation of property 

with a cross-collateralized loan is based 

on the market value of the dwelling and 

lot. If located on a farm, the lot size 

would be a typical lot for a single family 

housing property. 

(4) Interest reduced from the 

promissory note rate to six percent 

under the Service member Civil Relief 

Act (SCRA) is not subject to recapture. 

Dated: January 28, 2010. 

Tammye Trevin ̃ o, 

Administrator, Rural Housing Service. 

[FR Doc. 2010–4495 Filed 3–4–10; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0081] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Chester River, Chestertown, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations 

during the reenactment portion of the 

‘‘Chestertown Tea Party Festival,’’ a 

marine event to be held on the waters 

of the Chester River, Chestertown, MD 

on May 29, 2010. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in a portion of the Chester River 

during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 5, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0081 using any one of the 

following methods: 


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10196 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Proposed Rules 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 202–493–2251. 

• Mail: 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– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. Ronald Houck, 

U.S. Coast Guard Sector Baltimore, MD; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking [USCG–2010–0081], 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0081’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 8c by 11 

inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0081’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On May 29, 2010, the Chestertown 

Tea Party Festival will sponsor a 

reenactment in the Chester River at 

Chestertown, MD. The key component 

of the event consists of the Schooner 

SULTANA departing from its berth in 

Chestertown, transiting 200 yards to an 

anchorage location, embarking and 

disembarking Tea Party actors by 

dinghy, and then returning to its berth. 

Due to the need for vessel control 

during the event, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area to provide for the safety of 

participants, spectators and other 

transiting vessels. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of the Chester River, 

Chestertown, MD. The regulations will 

be in effect from 10 a.m. to 5 p.m. on 

May 29, 2010. The regulated area, 

approximately 350 yards in length and 

150 yards in width, includes all waters 

of the Chester River within a line 

connecting the following positions: 

latitude 39°12′27′′ N, longitude 

076°03′46′′ W; thence to latitude 

39°12′19′′ N, longitude 076°03′53′′ W; 

thence to latitude 39°12′25′′ N, 

longitude 076°03′41′′ W; thence to 

latitude 39°12′16′′ N, longitude 

076°03′48′′ W; thence to the point of 

origin at latitude 39°12′27′′ N, longitude 

076°03′46′′ W. The effect of this 

proposed rule will be to restrict general 

navigation in the regulated area during 

the event. Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

Spectator vessels will be allowed to 

view the event from outside the 

regulated area, but may not block the 

navigable channel. Other vessels 

intending to transit the Chester River 

will be allowed to safely transit around 

the regulated area. These regulations are 

needed to control vessel traffic during 

the event to enhance the safety of 

participants, spectators and transiting 

vessels. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 


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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Proposed Rules 10197 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. Although this 

regulation will prevent traffic from 

transiting a portion of the Chester River 

during the event, the effect of this 

regulation will not be significant due to 

the limited duration that the regulated 

area will be in effect and the extensive 

advance notifications that will be made 

to the maritime community via the 

Local Notice to Mariners and marine 

information broadcasts, so mariners can 

adjust their plans accordingly. 

Additionally, the regulated area has 

been narrowly tailored to impose the 

least impact on general navigation yet 

provide the level of safety deemed 

necessary. Vessel traffic will be able to 

transit safely around the regulated area. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: the owners or 

operators of vessels intending to transit 

or anchor in the effected portions of the 

Chester River during the event. 

Although this regulation prevents 

traffic from transiting a portion of the 

Chester River at Chestertown, MD 

during the event, this proposed rule will 

not have a significant economic impact 

on a substantial number of small entities 

for the following reasons. This proposed 

rule would be in effect for only a limited 

period. The regulated area is of limited 

size. Vessel traffic will be able to transit 

safely around the regulated area. Before 

the enforcement period, we will issue 

maritime advisories so mariners can 

adjust their plans accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Coast Guard 

Sector Baltimore, MD. The Coast Guard 

will not retaliate against small entities 

that question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more (adjusted for 

inflation) in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 


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10198 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Proposed Rules 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment under 

paragraph 34(h) of the Instruction. This 

proposed rule involves implementation 

of regulations within 33 CFR Part 100 

applicable to organized marine events 

on the navigable waters of the United 

States that could negatively impact the 

safety of waterway users and shore side 

activities in the event area. The category 

of water activities includes but is not 

limited to sailboat regattas, boat 

parades, power boat racing, swimming 

events, crew racing, canoe and sail 

board racing. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary section, § 100.35– 

T05–0081 to read as follows: 

§ 100.35–T05–0081 Special Local 

Regulations for Marine Events; Chester 

River, Chestertown, MD. 

(a) Regulated area. The following 

locations are regulated areas: All waters 

of the Chester River, within a line 

connecting the following positions: 

latitude 39°12′27′′ N, longitude 

076°03′46′′ W; thence to latitude 

39°12′19′′ N, longitude 076°03′53′′ W; 

thence to latitude 39°12′25′′ N, 

longitude 076°03′41′′ W; thence to 

latitude 39°12′16′′ N, longitude 

076°03′48′′ W; thence to the point of 

origin at latitude 39°12′27′′ N, longitude 

076°03′46′′ W, located at Chestertown, 

Maryland. All coordinates reference 

Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by the Coast Guard 

Patrol Commander or any Official 

Patrol. 

(ii) Proceed as directed by the Coast 

Guard Patrol Commander or any Official 

Patrol. 

(d) Enforcement period: This section 

will be enforced from 10 a.m. until 5 

p.m. on May 29, 2010. 

(e) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event details. 

Dated: February 17, 2010. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore, Maryland. 

[FR Doc. 2010–4647 Filed 3–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0011; FRL–9122–5] 

Approval and Promulgation of 

Implementation Plan; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve 

revisions to the Iowa State 

Implementation Plan (SIP) submitted by 

the State on April 28, 2009. The purpose 

of these revisions is to update existing 

air quality rules; make corrections, 

clarifications and improvements; and to 

add information with regard to the 

application of permit exemptions. EPA 

is proposing to approve the SIP 

revisions pursuant to section 110 of the 

Clean Air Act. 

DATES: Comments on this proposed 

action must be received in writing by 

April 5, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2010–0011, by mail to Tracey 

Casburn, Environmental Protection 

Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. Comments may also 

be submitted electronically or through 

hand delivery/courier by following the 

detailed instructions in the ADDRESSES

section of the direct final rule located in 

the rules section of this Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Tracey Casburn at (913) 551–7016, or by 

e-mail at casburn.tracey@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving the state’s 

revision as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

Dated: February 23, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2010–4554 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–P 


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