53888 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0384; FRL–8959–7] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on July 13, 2009 and concern 

oxides of nitrogen (NOX) emissions from 

Stationary Gas Turbines. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). 

DATES: Effective Date: This rule is 

effective on November 20, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0384 for 

this action. The index to the docket is 

available electronically at http:// 

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) 942– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 13, 2009 (74 FR 33395), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SJVAPCD ......... 4703 Stationary Gas Turbines .............................................................................. 09/20/07 03/07/08 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rules and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rule complies with the 

relevant CAA requirements. Therefore, 

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

Act, EPA is fully approving this rule 

into the California SIP. 

IV. 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 December 21, 

2009. 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 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Rules and Regulations 53889 

1See 49 CFR 1201.1–1(a). 2See 49 CFR 213.121(e), stating that, in the case 

of CWR, each rail shall be bolted with at least two 

bolts at each joint. This is a total of four bolts 

required at each joint. 

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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: August 26, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(354)(i)(E)(5) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(E) * * * 

(5) Rule 4703, ‘‘Stationary Gas 

Turbines,’’ adopted on September 20, 

2007. 

* * * * * 

[FR Doc. E9–25173 Filed 10–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 213 

[Docket No. FRA–2008–0036] 

RIN 2130–AB90 

Track Safety Standards; Continuous 

Welded Rail (CWR) 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Correcting amendment. 

SUMMARY: FRA published a final rule in 

the Federal Register on August 25, 

2009, revising the Track Safety 

Standards. The final rule included 

compliance dates for Class I, II, and III 

railroads only. The final rule 

inadvertently omitted compliance dates 

for commuter railroads, intercity 

passenger railroads, and any other 

additional railroads that have 

continuous welded rail (CWR). This 

document corrects the final rule by 

including compliance dates for the 

omitted railroads and amending a 

reference to the effective date in the rule 

text. 

DATES: Effective date: This correcting 

amendment is effective October 21, 

2009. Compliance dates: October 9, 

2009 for Class I railroads; November 23, 

2009 for Class II railroads, commuter 

railroads, and intercity passenger 

railroads; and February 22, 2010 for 

Class III railroads and any other 

additional railroads with CWR. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Rusk, Staff Director, Office of 

Railroad Safety, FRA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

(telephone: (202) 493–6236); or Sarah 

Grimmer Yurasko, Trial Attorney, Office 

of the Chief Counsel, FRA, 1200 New 

Jersey Avenue, SE., Washington, DC 

20950 (telephone: (202) 493–6390). 

SUPPLEMENTARY INFORMATION: So that the 

agency would be better able to review 

CWR plans as required by the final rule 

published August 25, 2009 (74 FR 

42988), FRA determined that there are 

three different compliance dates for 

railroads containing CWR, based on the 

railroad size.1 In the final rule, FRA 

stated that the compliance date for Class 

I railroads is October 9, 2009 (45 days 

after the publication date), the 

compliance date for Class II railroads is 

November 23, 2009 (90 days after the 

publication date), and the compliance 

date is February 22, 2010 (180 days after 

the publication date) for Class III 

railroads. FRA inadvertently left 

commuter railroads, intercity passenger 

railroads, and any other additional 

railroads with CWR track out of the 

compliance schedule; therefore, FRA is 

now clarifying that the compliance date 

for commuter railroads and intercity 

passenger railroads is November 23, 

2009, and the compliance date for any 

other additional railroads with CWR is 

February 22, 2010. 

Due to this inadvertent error, FRA is 

also changing the date listed at 49 CFR 

213.119(c)(2). This paragraph states that, 

in the case of a bolted joint installed 

during CWR installation after August 

25, 2009 (the publication date of the 

final rule), within 60 days the track 

owner must either: (1) Weld the joint; 

(2) install a joint with six bolts; 2 or (3) 

anchor every tie 195 feet in both 

directions of the joint. 

List of Subjects in 49 CFR Part 213 

Penalties, Railroad safety, Reporting 

and recordkeeping requirements. 

■ Accordingly, 49 CFR part 213 is 

corrected by making the following 

correcting amendment: 

PART 213—TRACK SAFETY 

STANDARDS 

■ 1. The authority citation for part 213 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20114 and 

20142; 28 U.S.C. 2461, note; and 49 CFR 

1.49(m). 

§ 213.119 [Amended] 

■ 2. In § 213.119(c)(2), remove the date 

of ‘‘August 25, 2009’’, and add in its 

place ‘‘October 21, 2009’’. 

Issued in Washington, DC, on September 

30, 2009. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. E9–25278 Filed 10–20–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 622 

[Docket No. 0910141365–91366–01] 

RIN 0648–AY21 

Sea Turtle Conservation; Fisheries of 

the Caribbean, Gulf of Mexico, and 

South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This rule implements an area 

closure and associated gear restrictions 

applicable to the bottom longline 

component of the reef fish fishery in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico to reduce incidental take 

and mortality of sea turtles. Specifically, 

this rule prohibits the use of bottom 

longline gear for the harvest of reef fish 

shoreward of a line approximating the 

35–fathom depth contour in the eastern 

Gulf of Mexico and limits bottom 

longline vessels operating in the reef 

fish fishery east of longitude 85°30′W to 

1,000 hooks onboard, of which only 750 


sroberts on DSKD5P82C1PROD with RULES