Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45561 

List of Subjects in 20 CFR Part 655 

Administrative practice and 

procedure, Foreign workers, 

Employment, Employment and training, 

Enforcement, Forest and forest products, 

Fraud, Health professions, Immigration, 

Labor, Longshore and harbor work, 

Migrant labor, Passports and visas, 

Penalties, Reporting and recordkeeping 

requirements, Unemployment, Wages, 

Working conditions. 

■ Accordingly, 20 CFR Part 655 is 

amended by making the following 

technical correction: 

PART 655—TEMPORARY 

EMPLOYMENT OF ALIENS IN THE 

UNITED STATES 

Subpart H—Labor Condition 

Applications and Requirements for 

Employers Using Nonimmigrants on 

H–1B Visas in Specialty Occupations 

and as Fashion Models, and Labor 

Attestation Requirements for 

Employers Using Nonimmigrants on 

H–1B1 Visas in Specialty Occupations 

■ 1. The authority citation for part 655, 

Subpart H continues to read as follows: 

8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 

1182(n) and (t), and 1184(g) and (j); sec. 

303(a)(8), Public Law 102–232, 105 Stat. 

1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), 

Public Law 105–277, 112 Stat. 2681; and 8 

CFR 214.2(h). 

■ 2. Amend § 655.731 by adding 

paragraph (a)(2)(ii)(C) to read as follows: 

§ 655.731 What is the first LCA 

requirement, regarding wages? 

(a) * * * 

(2) * * * 

(ii) * * * 

(C) Another legitimate source of wage 

information. The employer may rely on 

other legitimate sources of wage data to 

obtain the prevailing wage. The other 

legitimate source survey must meet all 

the criteria set forth in paragraph 

(b)(3)(iii)(C) of this section. The 

employer will be required to 

demonstrate the legitimacy of the wage 

in the event of an investigation. 

* * * * * 

Signed in Washington, DC, this 28th day of 

August 2009. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. E9–21274 Filed 9–2–09; 8:45 am] 

BILLING CODE 4510–FP–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–1064; FRL–8952–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Emissions Inventory; Baton 

Rouge Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Louisiana State Implementation 

Plan (SIP) to meet the Emissions 

Inventory (EI) requirements of the Clean 

Air Act (CAA) for the Baton Rouge 

ozone nonattainment area. EPA is 

approving the SIP revision because it 

satisfies the EI requirements for areas 

classified as nonattainment for the 1997 

8-hour ozone national ambient air 

quality standard. EPA is approving the 

revisions pursuant to section 110 of the 

CAA. 

DATES: This direct final rule will be 

effective November 2, 2009 without 

further notice unless EPA receives 

adverse comments by October 5, 2009. 

If adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2007–1064, by one of the 

following methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2007–1064. 

EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your 

e-mail address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 


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45562 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection, during official 

business hours by appointment, at the 

Louisiana Department of Environmental 

Quality, Air Quality Assessment 

Division, 602 North Fifth Street, P.O. 

Box 4314, Baton Rouge, Louisiana 

70821–4314. 

FOR FURTHER INFORMATION CONTACT: 

Emad Shahin, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–6717; fax number 

214–665–7263; e-mail address 

shahin.emad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean 

the EPA. 

Outline 

I. What Action Is EPA Taking? 

II. What Is a SIP? 

III. What Is the Background for This Action? 

IV. What Is EPA’s Evaluation of the Revision? 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

We are approving a revision to the 

Louisiana SIP submitted by the State to 

meet the EI requirements of the CAA for 

the Baton Rouge 8-hour ozone 

nonattainment area. The Baton Rouge 

area EI was submitted to EPA on 

September 29, 2007 and entitled the 

‘‘2002 Base Year Emissions Inventory 

for the Baton Rouge Ozone 

Nonattainment Area’’. We are approving 

the Baton Rouge area EI pursuant to 

section 110 of the CAA. 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

relevant adverse comments are received. 

This rule will be effective on November 

2, 2009 without further notice unless we 

receive relevant adverse comment by 

October 5, 2009. If we receive relevant 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

II. What Is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the national ambient air 

quality standards (NAAQS) established 

by EPA. NAAQS are established under 

section 109 of the CAA, and currently 

address six criteria pollutants: Carbon 

monoxide, nitrogen dioxide, ozone, 

lead, particulate matter, and sulfur 

dioxide. 

The SIP is a set of air pollution 

regulations, control strategies, other 

means or techniques, and technical 

analyses developed by the state, to 

ensure that the state meets the NAAQS. 

The SIP is required by section 110 and 

other provisions of the CAA. These SIPs 

can be extensive, containing state 

regulations or other enforceable 

documents and supporting information 

such as emissions inventories, 

monitoring networks, and modeling 

demonstrations. Each state must submit 

these regulations and control strategies 

to EPA for approval and incorporation 

into the federally-enforceable SIP. Each 

federally-approved SIP protects air 

quality primarily by addressing air 

pollution at its point of origin. 

III. What Is the Background for This 

Action? 

On July 18, 1997, EPA published the 

8-hour ozone standard of 0.08 ppm (62 

FR 38856). On April 30, 2004, EPA 

published designations for the 8-hour 

ozone standard (69 FR 23858). The 

Baton Rouge 8-hour ozone 

nonattainment area, consisting of the 

Parishes of Ascension, East Baton 

Rouge, Iberville, Livingston, and West 

Baton Rouge in Louisiana, was 

classified as a marginal nonattainment 

area with an attainment date of no later 

than June 15, 2007. The area did not 

attain the 8-hour ozone standard by June 

15, 2007 and on March 21, 2008 was 

reclassified to a ‘‘moderate’’ 8-hour 

ozone nonattainment area (73 FR 

15087). 

The CAA (see section 182) and EPA’s 

8-hour ozone regulations (see 40 CFR 

51.915) require a state to submit an 

emissions inventory for each area 

designated as nonattainment for the 

standard. An emissions inventory is an 

estimation of actual emissions of air 

pollutants in an area. The emissions 

inventory consists of volatile organic 

compound (VOC) and oxides of nitrogen 

(NOx) emissions as they are ‘‘ozone 

precursors’’. On September 29, 2007 the 

Louisiana Department of Environmental 

Quality submitted the ‘‘2002 Base Year 

Emissions Inventory for the Baton 

Rouge Ozone Nonattainment Area’’ to 

EPA. 

IV. What Is EPA’s Evaluation of the 

Revision? 

EPA has reviewed the revision for 

consistency with the requirements of 

EPA regulations. A summary of EPA’s 

analysis is provided below. For a full 

discussion of our evaluation, please 

refer to our Technical Support 

Document (TSD), found in the 

electronic docket. 

Sections 172(c)(3) and 182(b)(1) of the 

CAA require that nonattainment plan 

provisions include an inventory of 

actual emissions from all sources of 

relevant pollutants in the nonattainment 

area. EPA strongly recommended using 

2002 as the base year for the emissions 

inventory (40 CFR 51.915). EPA 

determined that LDEQ has developed an 

inventory of actual emissions from all 

sources in the Baton Rouge 

nonattainment area in accordance with 

EPA guidelines. The 2002 base year 

inventory includes all point, area, nonroad mobile, and on-road mobile source 

emissions. Table 1 lists the 2002 EI for 

the Baton Rouge area. For more detail 

on how emissions inventories were 

estimated, please see the TSD. Since 

this SIP revision consists of just the 

2002 Base Year inventory, it fully 

complies with section 110(l) of the 

CAA. 

TABLE 1—BATON ROUGE 2002 BASE YEAR EMISSIONS INVENTORY (TPD) 

Source category VOC NOX CO 

Point ..................................................................................................................................................................... 40.17 117.91 76.11 

Non-Point ............................................................................................................................................................. 29.71 3.90 64.43 


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Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45563 

TABLE 1—BATON ROUGE 2002 BASE YEAR EMISSIONS INVENTORY (TPD)—Continued 

Source category VOC NOX CO 

On-Road .............................................................................................................................................................. 22.97 43.59 331.23 

Non-Road ............................................................................................................................................................. 14.99 34.01 121.56 

County Total ................................................................................................................................................. 107.84 199.41 593.33 

V. 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 November 2, 

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 

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 oxides, Ozone, Volatile organic 

compounds. 

Dated: August 21, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 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 T—Louisiana 

■ 2. The second table in § 52.970(e), 

entitled ‘‘EPA Approved Louisiana 

Nonregulatory Provisions and QuasiRegulatory Measures’’ is amended by 

adding a new entry to the end of the 

table for ‘‘2002 Emission Inventory’’, for 

the Baton Rouge, LA area to read as 

follows: 

§ 52.970 Identification of plan. 

* * * * * 

(e) * * * 

* * * * * 

EPA APPROVED LOUISIANA 

NONREGULATORY PROVISIONS AND 

QUASI-REGULATORY MEASURES 

Name of SIP 

provision 

Applicable geographic or nonattainment area 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

* * * * * * * 

2002 Emission Inventory ................. Baton Rouge, LA ............................. 7/31/2007 9/3/2009, [Insert FR page number 

where document begins].


jlentini on DSKJ8SOYB1PROD with RULES
45564 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

[FR Doc. E9–21188 Filed 9–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XR40 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2009 total 

allowable catch (TAC) of pollock for 

Statistical Area 610 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 31, 2009, through 

1200 hrs, A.l.t., October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The C season allowance of the 2009 

TAC of pollock in Statistical Area 610 

of the GOA is 4,391 metric tons (mt) as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). In accordance with 

§ 679.20(a)(5)(iv)(B) the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), hereby decreases the C 

season pollock allowance by 240 mt to 

reflect the total amount of pollock TAC 

that has been caught prior to the C 

season in Statistical Area 610. 

Therefore, the revised C season 

allowance of the pollock TAC in 

Statistical Area 610 is 4,151 mt (4,391 

mt minus 240 mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2009 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 4,141 mt, and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 610 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 610 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 28, 

2009. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 31, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–21297 Filed 8–31–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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