Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 37977 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0592(b); FRL–8937– 

1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Alabama: Birmingham 1997 8-Hour 

Ozone Contingency Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Alabama State 

Implementation Plan (SIP), submitted 

by the Alabama Department of 

Environmental Management (ADEM), 

on February 6, 2008, to adopt specific 

contingency measures in the form of 

permit conditions for two cement kilns. 

These contingency measures are being 

adopted for the continued maintenance 

of the 1997 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS) in Jefferson and Shelby 

Counties (‘‘Birmingham Area’’). On May 

12, 2006, EPA approved the 8-hour 

ozone redesignation of the Birmingham 

Area from nonattainment to attainment 

for the 1997 8-hour ozone NAAQS (see, 

71 FR 27631). Additional measures may 

be necessary in the future; however, 

these revisions qualify as contingency 

measures as required under Section 

175A(d) of the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before August 31, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2008–0592 by one of the following 

methods: 

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

the online instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2008– 

0592,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 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 to 4:30, excluding Federal 

holidays. 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacy Harder, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Ms. 

Harder may be reached by phone at 

(404) 562–9042, or by electronic mail at 

harder.stacy@epa.gov. For information 

relating to the Alabama State SIP, please 

contact Mr. Zuri Farngalo. Mr. Farngalo 

may be reached at (404) 562–9152, or by 

electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: When the 

Birmingham Area was redesignated to 

attainment, Alabama was also required 

to submit a maintenance plan which 

provided for contingency measures 

should the Area violate the standard 

after being redesignated to attainment. 

The May 12, 2006, maintenance plan 

was designed to keep the Birmingham 

Area in attainment through 2017, 

initially, with a later extension of the 

maintenance plan to include a time 

period of no less than 20 years after the 

Area was redesignated originally. After 

attaining the 1997 8-hour ozone 

standard based on 2003–2005 ambient 

air monitoring data, the Birmingham 

Area violated the standard with 2004– 

2006 ambient air monitoring data. The 

February 6, 2008, SIP revision, provided 

by Alabama for EPA approval, was 

submitted to fulfill ADEM’s 

commitment to adopt, within 18 months 

of a violation of the 1997 8-hour ozone 

standard, one or more contingency 

measures to help the Area re-attain the 

standard. EPA is proposing to approve 

the revisions pursuant to section 110 of 

the CAA. On March 27, 2008, EPA 

issued a revised ozone standard (see, 73 

FR 16436). Today’s action however, is 

being taken to address requirements 

under the 1997 8-hour ozone standard. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives 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 rule. EPA will 

not institute a second comment period 

on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

For additional information see the 

direct final rule which is published in 

the Rules Section of this Federal 

Register. 

Dated: July 16, 2009. 

J. Scott Gordon, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–18028 Filed 7–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907201154–91155–01] 

RIN 0648–AX99 

Fisheries of the Northeastern United 

States; Northeast (NE) Skate Complex 

Fishery; Notice of a Control Date for 

the Purpose of Limiting Entry to the 

Skate Bait Fishery; NE Skate Complex 

Fishery Management Plan (Skate FMP) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; request for comments. 

SUMMARY: NMFS announces that it is 

considering, and is seeking public 

comment on, proposed rulemaking to 

control future access to the skate bait 

fishery in the NE skate complex if a 

management regime is developed and 

implemented under the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) to limit the number of participants 

in this component of the skate fishery. 

This component of the fishery includes 

vessels with open access skate permits 

that fish for skates to be sold as bait. 

This announcement is intended, in part, 

to promote awareness of potential 

eligibility criteria for future access so as 

to discourage new or speculative entry 

into the fishery while the New England 

Fishery Management Council (Council) 

considers whether and how access to 

the skate bait fishery should be 

controlled. 

DATES: The date of publication of this 

document, July 30, 2009, shall be 

known as the ‘‘control date’’ and may be 


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