Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 1543 

the contracting officer. The address of 

the SDR Official is: Room 4130 (Attn: 

SDR Official), United States Postal 

Service Headquarters, 475 L’Enfant 

Plaza, SW., Washington, DC 20260– 

4130. e-mail Address: 

SDROfficial@usps.gov. Fax Number: 

(202) 268–0075. 

(d) Lodging timeframes. 

Disagreements under § 601.107 or 

contests of decisions under § 601.105 

must be lodged with the SDR Official 

within the following timeframes: 

(1) Disagreements under § 601.107 not 

resolved with the contracting officer 

must be lodged with the SDR Official 

within 20 days after they were lodged 

with the contracting officer (unless ADR 

had been used to attempt to resolve 

them); 

(2) Disagreements under § 601.107 for 

which ADR had been agreed to be used 

must be lodged with the SDR Official 

within 10 days after the supplier knew 

or was informed by the contracting 

officer or otherwise that the matter was 

not resolved; 

(3) Where a supplier is dissatisfied 

with the contracting officer’s resolution 

of a disagreement under § 601.107, the 

supplier must lodge the disagreement 

with the SDR Official within 10 days 

after the supplier first receives 

notification of the contracting officer’s 

resolution; and 

(4) Contests of decisions under 

§ 601.105 to decline to accept or 

consider proposals must be lodged with 

the SDR Official within 10 days of the 

supplier’s receipt of the written notice 

explaining the decision. 

(5) The SDR Official may grant an 

extension of time to lodge a 

disagreement under § 601.107 or contest 

of decision under § 601.105 or to 

provide supporting information when 

warranted. Any request for an extension 

must set forth the reasons for the 

request, be made in writing, and be 

delivered to the SDR Official on or 

before the time to lodge a disagreement 

lapses. 

(e) Disagreement decision process. 

The SDR Official will promptly provide 

a copy of a disagreement to the 

contracting officer, who will promptly 

notify other interested parties. The SDR 

Official will consider a disagreement 

and any response by other interested 

parties and appropriate Postal Service 

officials within a time frame established 

by the SDR Official. The SDR Official 

may also meet individually or jointly 

with the person or organization lodging 

the disagreement, other interested 

parties, and/or Postal Service officials, 

and may undertake other activities in 

order to obtain materials, information, 

or advice that may help to resolve the 

disagreement. The person or 

organization lodging the disagreement, 

other interested parties, or Postal 

Service officials must promptly provide 

all relevant, nonprivileged materials and 

other information requested by the SDR 

Official. If a submission contains trade 

secrets or other confidential 

information, it should be accompanied 

by a copy of the submission from which 

the confidential matter has been 

redacted. The SDR Official will 

determine whether any redactions are 

appropriate and will be solely 

responsible for determining the 

treatment of any redacted materials. 

After obtaining such information, 

materials, and advice as may be needed, 

the SDR Official will promptly issue a 

written decision resolving the 

disagreement and will deliver the 

decision to the person or organization 

lodging the disagreement, other 

interested parties, and appropriate 

Postal Service officials. When resolving 

a disagreement raised under § 601.107, 

the SDR Official may grant remedies 

including, but not limited to, the 

following: 

(1) Directing the contracting officer to 

revise the solicitation or to issue a new 

solicitation; 

(2) Directing the contracting officer to 

recompete the requirement; 

(3) Directing the contracting officer to 

reevaluate the award on the basis of 

current proposals and the evaluation 

factors contained in the solicitation; and 

(4) Directing the contracting officer to 

terminate the contract or to refrain from 

exercising options under the contract. 

(f) Guidance. The SDR Official will be 

guided by the regulations contained in 

this part and all applicable public laws 

enacted by Congress. Non-Postal Service 

procurement rules or regulations and 

revoked Postal Service regulations will 

not apply or be taken into account. 

Failure of any party to provide 

requested information may be taken into 

account by the SDR Official in the 

decision. 

(g) Final resolution by the SDR 

Official and final contract award of the 

Postal Service. A resolution by the SDR 

Official will be final and binding. If the 

SDR Official’s final resolution affirms 

the original contract award of the 

contracting officer, the contracting 

officer’s original contract award 

becomes the Postal Service’s final 

contract award, and may be subject to 

judicial review as described in 

paragraph (h) of this section. If the SDR 

Official’s final resolution directs that the 

Postal Service terminate the contract 

award and issue a new solicitation, 

recompete the requirement, or 

reevaluate the current award, the 

contracting officer shall implement 

promptly the SDR Official’s final 

resolution. However, any contract award 

made by the contracting officer after a 

resolicitation, recompetition, or 

reevaluation directed by the SDR 

Official is not a final contract award of 

the Postal Service that may be subject to 

judicial review unless and until 

disagreements concerning that contract 

award have been lodged and resolved 

with finality by the SDR Official. 

(h) Judicial review. The Postal 

Service’s final contract award, as 

described in paragraph § 601.108(g), 

may be appealed to a Federal court with 

jurisdiction based only upon an alleged 

violation of the regulations contained in 

this part or an applicable public law 

enacted by Congress. The party lodging 

the disagreement may seek review of the 

Postal Service’s final contract award 

only after the mandatory administrative 

remedies provided under § 601.107 and 

§ 601.108 have been exhausted. 

(i) Resolution timeframe. It is 

intended that this procedure generally 

will resolve disagreements under 

§ 601.107 or contests of decisions under 

§ 601.105 within approximately 30 days 

after receipt by the SDR Official. The 

time may be shortened or lengthened 

depending on the complexity of the 

issues and other relevant 

considerations. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–385 Filed 1–11–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[Docket: EPA–R02–OAR–2009–0508; FRL– 

9091–4] 

Approval and Promulgation of 

Implementation Plans; Puerto Rico; 

Guaynabo PM10 Limited Maintenance 

Plan and Redesignation Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the Limited 

Maintenance Plan for the Municipality 

of Guaynabo nonattainment area in 

Puerto Rico and the request by the 

Commonwealth of Puerto Rico to 

redesignate the area from nonattainment 

to attainment for the National Ambient 

Air Quality Standards for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM10). On March 31, 2009, 

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1544 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

the Commonwealth of Puerto Rico 

submitted a Limited Maintenance Plan 

for the Guaynabo nonattainment area for 

approval and concurrently requested 

that EPA redesignate the Guaynabo 

nonattainment area to attainment for 

PM10. 

DATES: Effective Date: This rule is 

effective on February 11, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2009–0508. All 

documents in the docket are listed on 

the www.regulations.gov web site. 

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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Wieber at telephone number: (212) 637– 

3381, e-mail address: 

wieber.kirk@epa.gov, fax number: (212) 

637–3901, or the above EPA Region 2 

address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Is EPA Taking? 

II. What Is the Background for EPA’s Action? 

III. What Comments Were Received? 

IV. What Are the Requirements for 

Redesignation? 

A. Clean Air Act Requirements for 

Redesignation of Nonattainment Areas 

B. The Limited Maintenance Plan (LMP) 

Option for PM10 Nonattainment Areas 

C. Conformity Under the Limited 

Maintenance Plan Option 

V. What Are EPA’s Conclusions? 

VI. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

The Environmental Protection Agency 

(EPA) is approving the Limited 

Maintenance Plan (LMP) for the 

Municipality of Guaynabo 

nonattainment area (Guaynabo NAA). 

EPA is concurrently redesignating the 

Guaynabo NAA to attainment for the 

National Ambient Air Quality Standards 

(NAAQS) for particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 10 micrometers (PM10). 

For additional details on EPA’s 

analysis and findings, the reader is 

referred to the proposal published in the 

September 2, 2009 Federal Register (74 

FR 45387) and a more detailed 

discussion is contained in the Technical 

Support Document which is available 

on line at www.regulations.gov, Docket 

number EPA–R02–OAR–2009–0508. 

II. What Is the Background for EPA’s 

Action? 

As required by the Clean Air Act 

(Act), in 1987 the EPA revised the 

particulate matter NAAQS from total 

suspended particles to PM10. The 

standard was changed to better protect 

public health and the environment. 

The Act, as amended in 1990, 

required that all areas that have 

measured a violation of the NAAQS for 

PM10 before January 1, 1989 be 

designated nonattainment. On 

November 15, 1990 by operation of law, 

the Municipality of Guaynabo in Puerto 

Rico was designated nonattainment for 

PM10 and classified as moderate based 

on violations measured in 1987. 

On November 14, 1993 the Puerto 

Rico Environmental Quality Board 

(PREQB) submitted to EPA a State 

Implementation Plan (SIP) revision 

which consisted of a PM10 SIP for the 

Municipality of Guaynabo. The 

Guaynabo PM10 SIP revision was 

reviewed and approved by EPA on May 

31, 1995 (60 FR 28333) and became 

effective on June 30, 1995. 

After completing the appropriate 

public notice and comment procedures, 

on March 31, 2009, the PREQB 

submitted to EPA a ‘‘Limited 

Maintenance Plan 24 Hour Particulate 

Matter (PM10) National Ambient Air 

Quality Standards and Redesignation 

Request for the Municipality of 

Guaynabo Moderate Nonattainment 

Area State Implementation Plan 

Revision.’’ On September 2, 2009 (74 FR 

45387), EPA proposed to approve the 

LMP for the Municipality of Guaynabo 

and the request by the Commonwealth 

of Puerto Rico to redesignate the area 

from nonattainment to attainment for 

PM10. 

III. What Comments Were Received? 

No comments were received in 

response to the September 2, 2009 

proposal. 

IV. What Are the Requirements for 

Redesignation? 

A. Clean Air Act Requirements for 

Redesignation of Nonattainment Areas 

Nonattainment areas can be 

redesignated to attainment after the area 

has measured air quality data showing 

it has attained the NAAQS and when 

certain planning requirements are met. 

Section 107(d)(3)(E) of the Act, and the 

General Preamble for the 

implementation of Title I of the Act 

(General Preamble) provide the criteria 

for redesignation. See 57 FR 13498 

(April 16, 1992). These criteria are 

further clarified in a policy and 

guidance memorandum from John 

Calcagni, Director, Air Quality 

Management Division, EPA Office of Air 

Quality Planning and Standards dated 

September 4, 1992, ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment’’. The criteria for 

redesignation are: (1) The Administrator 

has determined that the area has 

attained the applicable NAAQS; (2) the 

Administrator has fully approved the 

applicable SIP for the area under section 

110(k) of the Act; (3) the state 

containing the area has met all 

requirements applicable to the area 

under section 110 and part D of the Act; 

(4) the Administrator has determined 

that the improvement in air quality is 

due to permanent and enforceable 

reductions in emissions; and (5) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A of the Act. 

B. The Limited Maintenance Plan (LMP) 

Option for PM10 Nonattainment Areas 

On August 9, 2001, EPA issued 

guidance on streamlined maintenance 

plan provisions for certain moderate 

PM10 nonattainment areas seeking 

redesignation to attainment (Memo from 

Lydia Wegman, Director, Air Quality 

Standards and Strategies Division, 

entitled ‘‘Limited Maintenance Plan 

Option for Moderate PM10

Nonattainment Areas,’’) referred to as 

the LMP option memo. The LMP option 

memo contains a statistical 

demonstration that areas meeting 

certain air quality criteria will, with a 

high degree of probability, maintain the 

standard 10 years into the future. It 

follows that future year emission 

inventories for these areas, and some of 

the standard analyses to determine 

transportation conformity with the SIP, 

are no longer necessary. To qualify for 

the LMP option: (1) The area should 

have attained the PM10 NAAQS; (2) the 

average annual PM10 design value for 

the area, based upon the most recent 5 

years of air quality data at all monitors 

in the area, should be at or below 40 

micrograms per cubic meter (μg/m3); 

and (3) the 24 hour design value should 

be at or below 98 μg/m3. If an area 

cannot meet this test, it may still be able 

to qualify for the LMP option if the 

average design value for the site is less 

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 1545 

than the site-specific critical design 

values. In addition, the area should 

expect only limited growth in on-road 

motor vehicle PM10 emissions 

(including fugitive dust) and should 

have passed a motor vehicle regional 

emissions analysis test. The LMP option 

memo also identifies core provisions 

that must be included in the LMP. 

These provisions include an attainment 

year emissions inventory, assurance of 

continued operation of an EPAapproved air quality monitoring 

network, and contingency provisions. 

C. Conformity Under the Limited 

Maintenance Plan Option 

The transportation conformity rule 

and the general conformity rule (40 CFR 

part 93; also see 40 CFR part 51) apply 

to nonattainment areas and maintenance 

areas covered by an approved 

maintenance plan. Under either 

conformity rule, an acceptable method 

of demonstrating that a federal action 

conforms to the applicable SIP is to 

demonstrate that expected emissions 

from the planned action are consistent 

with the emissions budget for the area. 

While EPA’s LMP option does not 

exempt an area from the need to affirm 

conformity, it explains that the area may 

demonstrate conformity without 

submitting an emissions budget. Under 

the LMP option, emissions budgets are 

treated as essentially not constraining 

for the length of the maintenance period 

because it is unreasonable to expect that 

the qualifying areas would experience 

so much growth in that period that a 

violation of the PM10 NAAQS would 

result. For transportation conformity 

purposes, EPA would conclude that 

emissions in these areas need not be 

capped for the maintenance period and 

therefore a regional emissions analysis 

would not be required. Similarly, 

Federal actions subject to the general 

conformity rule could be considered to 

satisfy the ‘‘budget test’’ specified in 40 

CFR 93.158(a)(5)(i)(A) as these budgets 

also are essentially considered to be 

unlimited. 

V. What Are EPA’s Conclusions? 

EPA has determined that the PM10

Limited Maintenance Plan submitted by 

the PREQB on March 31, 2009 for the 

Municipality of Guaynabo meets all 

Clean Air Act provisions and EPA 

policy and guidance, including the 

criteria outlined in EPA’s LMP option 

memo. Therefore, EPA is approving the 

PM10 Limited Maintenance Plan for the 

Municipality of Guaynabo and all of its 

components as they were submitted by 

PREQB on March 31, 2009. Specifically, 

EPA is approving the 2002 PM10

attainment emissions inventory, 

attainment plan, maintenance 

demonstration, contingency measures, 

monitoring network, transportation 

conformity analysis and revisions to 

Rules 102 and 423 of the Puerto Rico 

Regulation for the Control of 

Atmospheric Pollution. 

EPA is also approving the 

redesignation request for the 

Municipality of Guaynabo submitted by 

the PREQB on March 31, 2009 based on 

EPA’s determination that the supporting 

documentation for redesignation 

satisfies all Clean Air Act requirements 

and EPA’s policy and guidance, 

including the criteria outlined in EPA’s 

redesignation guidance memorandum. 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 15, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

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1546 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

Dated: November 20, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart BBB—Puerto Rico 

■ 2. Section 52.2720 is amended by 

adding new paragraph (c)(37) to read as 

follows: 

§ 52.2720 Identification of plan. 

* * * * * 

(c) * * * 

(37) On March 31, 2009, the Puerto 

Rico Environmental Quality Board 

submitted a Particulate Matter (PM10) 

Limited Maintenance Plan and 

requested the redesignation of the 

Municipality of Guaynabo PM10

Nonattainment area to attainment for 

PM10. EPA approves Puerto Rico’s 

Limited Maintenance Plan including the 

2002 PM10 attainment emissions 

inventory, attainment plan, 

maintenance demonstration, 

contingency measures, monitoring 

network, transportation conformity 

analysis and revisions to Rules 102 and 

423 of the Puerto Rico Regulation for the 

Control of Atmospheric Pollution. On 

July 15, 2009, the Puerto Rico 

Environmental Quality Board submitted 

the official copy of the adopted 

revisions to Rules 102 and 423. 

(i) Limited Maintenance Plan 24-Hour 

PM10 National Ambient Air Quality 

Standards (NAAQS) for the 

Municipality of Guaynabo Moderate 

Nonattainment Area which includes 

amendments to Rules 102 and 423 of the 

Regulation for the Control of 

Atmospheric Pollution, approved by the 

Puerto Rico Environmental Quality 

Board March 5, 2009; filed with the 

Secretary of State April 28, 2009; 

effective May 28, 2009. 

(A) Rule 102 Definitions, Guaynabo 

PM10 Maintenance Area; filed with the 

Secretary of State April 28, 2009; 

effective May 28, 2009. 

(B) Rule 423 Limitations for the 

Guaynabo PM10 Maintenance Area; filed 

with the Secretary of State April 28, 

2009; effective May 28, 2009. 

■ 3. Section 52.2723, the table is 

amended by revising the entries for Rule 

102 and Rule 423 to read as follows: 

§ 52.2723 EPA-approved Puerto Rico 

regulations. 

REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION

Puerto Rico regulations 

Commonwealth effective date 

EPA approval date Comments 

* * * * * * * 

Rule 102, Definitions ..................................................... 5/28/09 1/12/10, [Insert FR page citation]. 

* * * * * * * 

Rule 423, Limitations for the Guaynabo PM10 Maintenance Area.5/28/09 1/12/10, [insert FR page citation]. 

* * * * * * * 

PART 81—[AMENDED] 

■ 4. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 5. In § 81.355, the table entitled 

‘‘Puerto Rico—PM–10’’ is amended by 

removing the entry for ‘‘Guaynabo 

County’’ and adding in its place the 

entry ‘‘Municipality of Guaynabo’’ to 

read as follows: 

§ 81.355 Puerto Rico. 

* * * * * 

PUERTO RICO—PM10

Designated area 

Designation Classification 

Date Type Date Type 

Municipality of Guaynabo ........................................................ 1/12/10 Attainment. 

* * * * * * * 

* * * * * 

[FR Doc. 2010–258 Filed 1–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2647; MB Docket No. 09–122; RM– 

11544] 

Television Broadcasting Services; 

Bangor, ME 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

Community Broadcasting Service, the 

licensee of WABI–TV, channel 19, 

Bangor, Maine, requesting the 

substitution of channel 13 for channel 

19 at Bangor. 

DATES: This rule is effective February 

11, 2010. 

WReier-Aviles on DSKGBLS3C1PROD with RULES