41340 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

Competitive Product Descriptions 

Express Mail [Reserved for Group 

Description] 

Express Mail [Reserved for Product 

Description] 

Outbound International Expedited Services 

[Reserved for Product Description] 

Inbound International Expedited Services 

[Reserved for Product Description] 

Priority [Reserved for Product Description] 

Priority Mail [Reserved for Product 

Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post [Reserved for 

Product Description] 

Parcel Select [Reserved for Group 

Description] 

Parcel Return Service [Reserved for Group 

Description] 

International [Reserved for Group 

Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Product Description] 

International Direct Sacks—M–Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

[Reserved for Product Description] 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at non-UPU 

rates) [Reserved for Product Description] 

International Ancillary Services [Reserved 

for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail [Reserved for 

Product Description] 

International Return Receipt [Reserved for 

Product Description] 

International Restricted Delivery [Reserved 

for Product Description] 

International Insurance [Reserved for 

Product Description] 

Negotiated Service Agreements [Reserved 

for Group Description] 

Domestic [Reserved for Product 

Description] 

Outbound International [Reserved for 

Group Description] 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. E9–19440 Filed 8–14–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0521; FRL–8946–2] 

Interim Final Determination To Stay 

and Defer Sanctions, Pinal County, AZ 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: EPA is making an interim 

final determination to stay and defer 

imposition of sanctions based on a 

proposed approval of revisions to the 

Pinal County portion of the Arizona 

State Implementation Plan (SIP) 

published elsewhere in today’s Federal 

Register. The revisions concern Pinal 

County Rules 2–8–320, 4–2–020, 4–2– 

030, 4–4, 4–5, 4–7, and 4–9. 

DATES: This interim final determination 

is effective on August 17, 2009. 

However, comments will be accepted 

until September 16, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0521, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’, ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

I. Background 

On August 1, 2007 (see 72 FR 48196), 

we published a limited approval and 

limited disapproval of Pinal County 

Rules 4–2–020, 4–2–030, 4–2–040, and 

4–2–050 as adopted locally on June 29, 

1993 and submitted by the State on 

November 27, 1995. We based our 

limited disapproval action on certain 

deficiencies in the submittal. This 

disapproval action started a sanctions 

clock for imposition of offset sanctions 

18 months after August 31, 2007 and 

highway sanctions 6 months later, 

pursuant to section 179 of the Clean Air 

Act (CAA) and our regulations at 40 

CFR 52.31. 

To correct the deficiencies identified 

in our August 1, 2007 final rule, Pinal 

County made the following changes to 

their regulations: On December 4, 2002, 

Pinal County amended Rules 4–2–020 

and 4–2–030 and codified these changes 

on January 7, 2009; on January 7, 2009, 

Pinal County adopted Rule 2–8–320; 

and, on June 3, 2009, Pinal County 

adopted Rules 4–4, 4–7, 4–9 and 

amendments to Rule 4–5. On June 12, 

2009, the State submitted these 

revisions to EPA. In the Proposed Rules 

section of today’s Federal Register, we 

have proposed approval of this 

submittal because we believe it corrects 

the deficiencies identified in our August 

1, 2007 disapproval action. Based on 

today’s proposed approval, we are 

taking this final rulemaking action, 

effective on publication, to stay and 

defer imposition of sanctions that were 

triggered by our August 1, 2007 limited 

disapproval. 

EPA is providing the public with an 

opportunity to comment on this stay 

and deferral of sanctions. If comments 

are submitted that change our 

assessment described in this final 

determination and the proposed full 

approval of new and revised Pinal 

County rules, we intend to take 

subsequent final action to reimpose 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 41341 

sanctions pursuant to 40 CFR 51.31(d). 

If no comments are submitted that 

change our assessment, then all 

sanctions and sanction clocks will be 

permanently terminated on the effective 

date of a final rule approval. 

II. EPA Action 

We are making an interim final 

determination to stay and defer CAA 

section 179 sanctions associated with 

our August 1, 2007 limited disapproval 

based on our concurrent proposal to 

approve the State’s SIP revision as 

correcting deficiencies that initiated 

sanctions. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiencies identified in EPA’s 

limited disapproval action, relief from 

sanctions should be provided as quickly 

as possible. Therefore, EPA is invoking 

the good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State has corrected the 

deficiencies that started the sanctions 

clocks. Therefore, it is not in the public 

interest to initially impose sanctions or 

to keep applied sanctions in place when 

the State has most likely done all it can 

to correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s submittal. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to stay and defer 

sanctions while EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action stays and defers federal 

sanctions and imposes no additional 

requirements. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action. 

The administrator certifies that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

This rule 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). 

This rule does not have tribal 

implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

This action does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This rule is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply to this rule because 

it imposes no standards. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefor, 

and established an effective date of 

August 17, 2009. EPA will submit a 

report containing this rule 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 rule is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 16, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

regulations, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Dated: August 4, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–19654 Filed 8–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0227; FRL–8945–3] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct Final Notice of Deletion 

of the Island Chemical Corp/Virgin 


erowe on DSK5CLS3C1PROD with RULES