46020 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 

and Emergency Response, Office of 

Brownfields and Land Revitalization, at 

(202) 566–2770 (fornillo.virginia@ 

epa.gov), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460–0002, Mail 

Code 5105T. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA’s regulations implementing 

Performance Partnership Grants (PPGs) 

are found at 40 CFR 35.101, 40 CFR 

35.130–35.138, 40 CFR 35.501 and 40 

CFR 35.530–35.538. On June 16, 2009 

(74 FR 28443) EPA published in the 

Federal Register a final rule that added 

State Response Programs Section 

CERCLA 128(a) under 40 CFR part 35 

subpart A and Tribal Response 

Programs Section CERCLA 128(a) under 

40 CFR part 35, subpart B as a PPG 

eligible grant programs. The rule also 

adds State Response Program and Tribal 

Response Program specific provisions to 

40 CFR part 35, subparts A and B. This 

document corrects typographical errors 

in references contained in 40 CFR 

35.133. Specifically, in 40 CFR 35.133, 

references are erroneously made to 40 

CFR 35.100(b) rather than the correct 

citation, 40 CFR 35.101(a). 

II. Administrative Procedure Act 

The Administrative Procedure Act 

provides that matters relating to agency 

grants are not subject to prior notice and 

opportunity for comment, 5 U.S.C. 

553(a)(2). Therefore, EPA is issuing 

these technical corrections as final 

rules. 

III. Statutory and Executive Order 

Reviews 

This final rule corrects a technical 

error and does not otherwise change the 

requirements in the final rule. As a 

technical correction, this action is not 

subject to the statutory and Executive 

Order review requirements. For 

information about the statutory and 

Executive Order review requirements as 

they related to the final rule, see Section 

III in the Federal Register of June 16, 

2009. 

IV. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 the 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 35 

Environmental protection, Air 

pollution control, Grant programs— 

environmental protection, Grant 

programs—Indians, Indians, 

Intergovernmental relations, Reporting 

and Recordkeeping requirements. 

Dated: August 31, 2009. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

■ EPA amends 40 CFR Part 35 as 

follows: 

PART 35—STATE AND LOCAL 

ASSISTANCE 

Subpart A—[Amended] 

■ 1. The authority citation for part 35, 

subpart A continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 

1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 

6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 

2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 

104–134, 110 Stat. 1321, 1321–299 (1996); 

Pub. L. 105–65, 111 Stat. 1344, 1373 (1997); 

5. 105–276, 112 Stat. 2461, 2499 (1988). 

■ 2. Section 35.133 is amended by 

revising paragraph (a) to read as follows: 

§ 35.133 Programs eligible for inclusion. 

(a) Eligible programs. Except as 

provided in paragraph (b) of this 

section, the environmental programs 

eligible, in accordance with 

appropriation acts, for inclusion in a 

Performance Partnership Grant are 

listed in § 35.101(a)(2) through (17) and 

(20). (Funds available from the section 

205(g) State Administration Grants 

program (§ 35.101(a)(18)) and the Water 

Quality Management Planning Grant 

program (§ 35.101(a)(19)) and funds 

awarded to States under State Response 

Program Grants (§ 35.101(a)(20)) to 

capitalize a revolving loan fund for 

Brownfield remediation or purchase 

insurance or develop a risk sharing 

pool, an indemnity pool, or insurance 

mechanism to provide financing for 

response actions may not be included in 

Performance Partnership Grants.) 

* * * * * 

[FR Doc. E9–21549 Filed 9–4–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1986; MB Docket No. 09–96; RM– 

11537] 

Television Broadcasting Services; 

Boise, ID 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Fisher 

Broadcasting—Idaho TV, L.L.C. 

(‘‘Fisher’’), the licensee of KBCI–DT, 

channel 28, Boise, Idaho, requesting the 

substitution of channel 9 for channel 28 

at Boise. 

DATES: This rule is effective September 

8, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–96, 

adopted August 31, 2009, and released 

September 1, 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 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

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. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 46021 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Idaho is amended by adding DTV 

channel 9 and removing DTV channel 

28 at Boise. 

Federal Communications Commission. 

Clay C. Pendarvis 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–21597 Filed 9–4–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 501 

[Docket No. NHTSA–2009–0121] 

RIN 2127–AK59 

Succession to the Administrator 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This document amends 

NHTSA’s regulation specifying the 

order of succession to the 

Administrator. We have determined at 

the present time that a change in the 

order of succession better serves the 

agency’s mission. 

DATES: Effective Date: This rule is 

effective on September 8, 2009. 

FOR FURTHER INFORMATION CONTACT: You 

may contact Maria Arsenlis at 202–366– 

9153. 

SUPPLEMENTARY INFORMATION: The 

mission of NHTSA is to save lives, 

prevent injuries and reduce economic 

costs due to road traffic crashes, through 

education, research, safety standards 

and enforcement activity. This final 

rule, which amends NHTSA’s regulation 

specifying the order of succession to the 

Administrator, is a matter relating to 

agency management or personnel. We 

have determined at this time that a 

change in the order of succession better 

serves the public interest and the 

agency’s mission. The Senior Associate 

Administrator for Vehicle Safety is 

responsible for overseeing all of 

NHTSA’s rulemaking, enforcement, and 

research programs, as well as NHTSA’s 

National Center for Analysis. 

Notice and the opportunity for 

comment are not required under the 

Administrative Procedure Act, and the 

amendment is effective immediately 

upon publication in the Federal 

Register. 5 U.S.C. 553(a)(2). In addition, 

this amendment is not subject to 

Executive Order 12866, the Department 

of Transportation’s regulatory policies 

and procedures, or the provisions for 

Congressional review of final rules in 

Chapter 8 of Title 5, United States Code. 

List of Subjects in 49 CFR Part 501 

Authority delegations (Government 

agencies), Organization and functions 

(Government agencies). 

■ In consideration of the foregoing, 49 

CFR Part 501 is amended as follows: 

PART 501—[AMENDED] 

■ 1. The authority citation for Part 501 

continues to read as follows: 

Authority: 49 U.S.C. 105 and 322; 

delegation of authority at 49 CFR 1.50. 

■ 2. In § 501.4 revise paragraph (a) to 

read as follows: 

§ 501.4 Succession to the Administrator. 

(a) The following officials, in the 

order indicated, shall act in accordance 

with the requirements of 5 U.S.C. 3346– 

3349 as Administrator of the National 

Highway Traffic Safety Administration, 

in the case of the absence or disability 

or in the case of a vacancy in the office 

of the Administrator, until a successor 

is appointed: 

(1) Deputy Administrator; 

(2) Senior Associate Administrator for 

Vehicle Safety; 

(3) Chief Counsel; 

(4) Senior Associate Administrator for 

Traffic Injury Control; and 

(5) Senior Associate Administrator for 

Policy and Operations. 

* * * * * 

Issued in Washington, DC, on July 24, 

2009. 

John D. Porcari, 

Deputy Secretary. 

[FR Doc. E9–20695 Filed 9–4–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XR43 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is opening directed 

fishing for Atka mackerel in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI) for 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to fully use the 2009 total 

allowable catch (TAC) of Atka mackerel 

in these areas specified for vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 3, 2009, through 

1200 hrs, A.l.t., September 10, 2009. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 17, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XR43, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 


CPrice-Sewell on DSKGBLS3C1PROD with RULES