41104 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Proposed Rules 

current calendar year, or, if the United 

States Trustee has requested additional 

information, 30 days from the deadline 

for submission of the additional 

information if such deadline is after 

October 1, unless the trustee and United 

States Trustee agree to a longer period 

of time. Any projected expenses not 

specifically disputed shall be approved 

in the ordinary course and the trustee’s 

fee shall be set on an interim basis; 

(2) For disputes over amendments to 

the current year budget, the United 

States Trustee shall either resolve the 

dispute or issue a written notice of 

denial within 30 days of the trustee’s 

amendment request, or, if the United 

States Trustee has requested additional 

information, 30 days from the deadline 

for submission of the additional 

information, unless the trustee and 

United States Trustee agree to a longer 

period of time. Any portion of the 

amendment not specifically disputed 

shall be approved in the ordinary 

course; 

(3) If the United States Trustee does 

not resolve the dispute or issue a 

written notice of denial within the timeframes identified in (c)(1) or (c)(2) of 

this section, the trustee’s claim of 

actual, necessary expenses shall be 

deemed denied. 

(d) The United States Trustee shall 

notify a trustee in writing of any 

decision denying a trustee’s claim of 

actual, necessary expenses. The notice 

shall state the reason(s) for the decision 

and shall reference any documents or 

communications relied upon in 

reaching the decision. The United States 

Trustee shall provide to the trustee 

copies of any such non-privileged 

documents that were not supplied to the 

United States Trustee by the trustee. 

The notice shall be sent to the trustee by 

overnight courier, for delivery the next 

business day. 

(e) The notice shall advise the trustee 

that the decision is final and 

unreviewable unless the trustee requests 

in writing a review by the Director no 

later than 30 calendar days from the 

date of the notice to the trustee. 

(f) The decision to deny a trustee’s 

claim of actual, necessary expenses 

shall take effect upon the expiration of 

a trustee’s time to seek review from the 

Director or, if the trustee timely seeks 

such review, upon the issuance of a 

written final decision by the Director. 

(g) The trustee’s request for review 

shall be in writing and shall fully 

describe why the trustee disagrees with 

the United States Trustee’s decision, 

and shall be accompanied by all 

documents and materials the trustee 

wants the Director to consider in 

reviewing the United States Trustee’s 

decision. The trustee shall send the 

original and one copy of the request for 

review, including all accompanying 

documents and materials, to the Office 

of the Director by overnight courier, for 

delivery the next business day. In order 

to be timely, a request for review shall 

be received at the Office of the Director 

no later than 30 calendar days from the 

date of the notice to the trustee. The 

trustee shall also send a copy of the 

request for review to the United States 

Trustee by overnight courier, for 

delivery the next business day. 

(h) The United States Trustee shall 

have 30 calendar days from the date of 

the trustee’s request for review to 

submit to the Director a written 

response regarding the matters raised in 

the trustee’s request for review. The 

United States Trustee shall provide a 

copy of this response to the trustee by 

overnight courier, for delivery the next 

business day. 

(i) The Director may seek additional 

information from any party, in the 

manner and to the extent the Director 

deems appropriate. 

(j) In reviewing the decision to deny 

a trustee’s claim of actual, necessary 

expenses, the Director shall determine: 

(1) Whether the decision is supported 

by the record; and 

(2) Whether the decision constitutes 

an appropriate exercise of discretion. 

(k) The Director shall issue a written 

final decision no later than 90 calendar 

days from the receipt of the trustee’s 

request for review, or, if the Director has 

requested additional information, 30 

days from the deadline for submission 

of the additional information, unless the 

trustee agrees to a longer period of time. 

The Director’s final decision on the 

trustee’s request for review shall 

constitute final agency action. 

(l) In reaching a final decision the 

Director may specify a person to act as 

a reviewing official. The reviewing 

official may not be under the 

supervision of the United States Trustee 

who denied the trustee’s claim of actual, 

necessary expenses. The reviewing 

official’s duties shall be specified by the 

Director on a case-by-case basis, and 

may include reviewing the record, 

obtaining additional information from 

the participants, providing the Director 

with written recommendations, and 

such other duties as the Director shall 

prescribe in a particular case. 

(m) This rule does not authorize a 

trustee to seek review of any decision to 

change maximum annual compensation, 

to decrease or increase appointments of 

trustees in a region or district, to change 

the trustee’s percentage fee, or to 

suspend, terminate, or remove a trustee. 

(n) A trustee must exhaust all 

administrative remedies before seeking 

redress in any court of competent 

jurisdiction. 

Dated: August 6, 2009. 

Clifford J. White III, 

Director, Executive Office for United States 

Trustees. 

[FR Doc. E9–19456 Filed 8–13–09; 8:45 am] 

BILLING CODE 4410–40–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0474; FRL–8945–8] 

Revisions to the California State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern oxides of nitrogen 

(NOX) and particulate matter (PM) 

emissions from boilers of various 

capacities. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Any comments must arrive by 

September 14, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0474, 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 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Proposed Rules 41105 

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: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted by the local air agency 

and submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SJVAPCD ........................ 4306 Boilers, Steam Generators and Process Heaters—Phase 3 ............................ 10/16/08 03/17/09 

SJVAPCD ........................ 4307 Boilers, Steam Generators and Process Heaters—2.0 MMbtu/hr to 5.0 

MMbtu/hr.

10/16/08 03/17/09 

On April 20, 2009, these rule 

submittals were found to meet the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

rules? 

We approved a version of Rule 4306 

into the SIP on May 18, 2004 and of 

Rule 4307 on May 30, 2007. There are 

no outstanding submittals of these 

Rules. 

C. What is the purpose of the submitted 

revisions? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. Section 110(a) of the CAA 

requires States to submit regulations 

that control NOX emissions. PM 

contributes to effects that are harmful to 

human health and the environment, 

including premature mortality, 

aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

PM emissions. Rule 4306 limits NOX

and Carbon Monoxide (CO) emissions 

from boilers, steam generators and 

process heaters fired on gaseous or 

liquid fuel with a total rated heat input 

larger than 5 MMBtu/hour. This Rule 

was amended to address an EPA 

concern. Rule 4307 limits NOX, SO2, 

PM10 and CO emissions from boilers, 

steam generators and process heaters 

fired on gaseous or liquid fuel with a 

total rated heat input between 2 and 5 

MMBtu/hour. Rule 4307 was amended 

to include requirements to regulate SO2

and PM10 emissions as well as to 

strengthen the emission limits for NOX. 

EPA’s technical support document 

(TSD) has more information about these 

rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(a)(2) and 182(f)), and must not relax 

existing requirements (see sections 

110(l) and 193). The SJVAPCD regulates 

an ozone nonattainment area (see 40 

CFR part 81), so Rules 4306 and 4307 

must fulfill RACT. In addition, SIP rules 

must implement Reasonably Available 

Control Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), in nonattainment 

areas (see CAA sections 172(c)(1)). The 

SJVAPCD regulates a PM–2.5 

nonattainment area (see 40 CFR part 81), 

so Rules 4306 and 4307 must implement 

a RACM level of control. 

Guidance and policy documents that 

we use to help evaluate enforceability, 

RACT and RACM requirements 

consistently include the following: 

1. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ (the NOX

Supplement), 57 FR 55620, November 

25, 1992. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498, April 16, 1992; 57 FR 18070, 

April 28, 1992. 

5. ‘‘Clean Air Fine Particle 

Implementation Rule’’ 72 FR 20586, 

April 25, 2007. 

6. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Industrial, Institutional, and 

Commercial Boilers, Steam Generators, 

and Process Heaters’’, CARB, July 18, 

1991. 

7. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Industrial/Commercial/Institutional 

(ICI) Boilers’’, US EPA 453/R–94–022, 

March 1994. 

8. ‘‘Alternative Control Techniques 

Document—NOX Emissions from Utility 

Boilers’’, US EPA 452/R–93–008, March 

1994. 

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41106 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Proposed Rules 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, RACM 

and SIP relaxations. The TSDs have 

more information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that do not affect EPA’s 

current action but are recommended for 

the next time the local agency modifies 

the rules. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

as described in section 110(k)(3) of the 

Act. We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate these rules 

into the federally enforceable SIP. 

III. 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: August 3, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–19514 Filed 8–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1770; MB Docket No. 09–142; RM– 

11552] 

Television Broadcasting Services; 

Boston, MA 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

WHDH–TV, the licensee of station 

WHDH–TV, DTV channel 7, Boston, 

Massachusetts. WHDH–TV requests the 

substitution of its pre-transition DTV 

channel 42 for its post-transition DTV 

channel 7 at Boston. 

DATES: Comments must be filed on or 

before August 31, 2009, and reply 

comments on or before September 8, 

2009. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Charles R. Naftalin, Esq., Holland & 

Knight LLP, 2099 Pennsylvania Avenue, 

NW., Suite 100, Washington, DC 20006. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, 

joyce.bernstein@fcc.gov, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–142, adopted August 5, 2009, and 

released August 7, 2009. The full text of 

this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC, 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and braille), send an e-mail to 

fcc504@fcc.gov or call the Commission’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

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