Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46493 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T13–107 to 

read as follows: 

§ 165.T13–107 Safety Zones: Fireworks 

displays within the Captain of the Port, 

Puget Sound Zone. 

(a) Safety Zones. The following areas 

are designated safety zones: 

(1) John Eddy Wedding, Magnolia 

Bluff, WA. 

(i) Location. All water of Magnolia 

Bluff, WA extending to a 500′ radius 

from the launch site at 49°38′59.25′′ N 

122°25′21.34′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on August 22, 2009. 

(2) True Colors Event, Blaine, WA. 

(i) Location. All water of Blaine, WA 

extending to a 300′ radius from the 

launch site at 48°59′29.25′′ N 

122°46′20.36′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on September 6, 2009. 

(3) Kirkland Concours D’Elegence, 

Kirkland, WA. 

(i) Location. All water of Kirkland, 

Lake Washington, WA extending out to 

a 400′ radius from the launch site at 

47°39′31.27′′ N 122°12′26.35′′ W. 

(ii) Enforcement time and date. 9 p.m. 

to 11:30 p.m. on September 12, 2009. 

(4) Mikilteo Lighthouse Festival, 

Possession Sound, WA. 

(i) Location. All water of Possession 

Sound, WA extending out to an 800′ 

radius from the launch site at 47°56′54′′ 

N 122°18′36′′ W. 

(ii) Enforcement time and date. 8:30 

p.m. to 11:30 p.m. on September 12, 

2009. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no vessel may enter, 

transit, moor, or anchor within this 

safety zone, except for vessels 

authorized by the Captain of the Port or 

Designated Representative. 

(c) Authorization. All vessel operators 

who desire to enter the safety zone must 

obtain permission from the Captain of 

the Port or Designated Representative by 

contacting either the on-scene patrol 

craft on VHF Ch 13 or Ch 16 or the 

Coast Guard Sector Seattle Joint Harbor 

Operations Center (JHOC) via telephone 

at (206) 217–6002. 

(d) Effective Period. This rule is 

effective from 8 a.m. on August 22, 2009 

through 8 a.m. on September 13, 2009 

unless canceled sooner by the Captain 

of the Port. 

Dated: August 20, 2009. 

Suzanne E. Englebert, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. E9–21757 Filed 9–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0236; FRL–8954–3] 

RIN 2060–AP85 

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Aluminum, Copper, and 

Other Nonferrous Foundries— 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: This action makes technical 

corrections to regulatory text of the 

‘‘Revision of Source Category List for 

Standards Under Section 112(k) of the 

Clean Air Act; National Emission 

Standards for Hazardous Air Pollutants: 

Area Source Standards for Aluminum, 

Copper, and Other Nonferrous 

Foundries,’’ which was issued as a final 

rule on June 25, 2009. These technical 

corrections will not change the 

standards established by the rule or the 

level of health protection provided. 

DATES: Effective Date: September 10, 

2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0236. All 

documents in the docket are listed in 

the Federal Docket Management System 

index at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available 

(e.g., confidential business information 

(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 form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the EPA Docket Center, Public 

Reading Room, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the final standards for 

aluminum foundries, contact Mr. David 

Cole, Office of Air Quality Planning and 

Standards, Outreach and Information 

Division, Regulatory Development and 

Policy Analysis Group (C404–05), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

Telephone Number: (919) 541–5565; 

Fax Number: (919) 541–0242; E-mail 

address: Cole.David@epa.gov. For 

questions about the final standards for 

copper foundries and other nonferrous 

foundries, contact Mr. Gary Blais, Office 

of Air Quality Planning and Standards, 

Outreach and Information Division, 

Regulatory Development and Policy 

Analysis Group (C404–05), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

Telephone Number: (919) 541–3223; 

Fax Number: (919) 541–0242; E-mail 

address: Blais.Gary@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedure Act 

(APA), 5 U.S.C. 553(b)(B), provides that, 

when an agency for good cause finds 

that notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

We have determined that there is good 

cause for making this action final 

without prior proposal and opportunity 

for comment because the changes to the 

rule are minor technical corrections, 

noncontroversial, and do not 

substantively change the requirements 

of the rule. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B) (see also the final 

sentence of section 307(d)(1) of the 

Clean Air Act, 42 U.S.C. 7607(d)(1), 

indicating that the good cause 

provisions of the APA continue to apply 

to this type of rulemaking under the 

Clean Air Act). 

Regulated Entities. The regulated 

categories and entities potentially 

affected by the final rule include: 

Category NAICS 

code 1 Examples of regulated entities 

Industry: 

Aluminum Foundries ................................................. 331524 Area source facilities that pour molten aluminum into molds to manufacture aluminum castings (excluding die casting). 


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46494 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 

Category NAICS 

code 1 Examples of regulated entities 

Copper Foundries ..................................................... 331525 Area source facilities that pour molten copper and copper-based alloys 

(e.g., brass, bronze) into molds to manufacture copper and copperbased alloy castings (excluding die casting). 

Other Nonferrous Foundries ..................................... 331528 Area source facilities that pour molten nonferrous metals (except aluminum and copper) into molds to manufacture nonferrous castings (excluding die casting). Establishments in this industry purchase nonferrous metals, such as nickel, zinc, and magnesium that are made in 

other establishments. 

1 North American Industry Classification System. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. To determine 

whether your facility is regulated by this 

action, you should examine the 

applicability criteria in 40 CFR 63.11544 

of subpart ZZZZZZ (National Emission 

Standards for Hazardous Air Pollutants: 

Area Source Standards for Aluminum, 

Copper, and Other Nonferrous 

Foundries). If you have any questions 

regarding the applicability of this action 

to a particular entity, consult either the 

air permit authority for the entity or 

your EPA Regional representative, as 

listed in 40 CFR 63.13 of subpart A 

(General Provisions). 

Electronic Access. In addition to being 

available in the docket, an electronic 

copy of this final action will also be 

available on the Worldwide Web 

(WWW) through the Technology 

Transfer Network (TTN). Following 

signature, a copy of this final action will 

be posted on the TTN’s policy and 

guidance page for newly proposed or 

promulgated rules at the following 

address: http://www.epa.gov/ttn/oarpg/. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. 

I. Correction 

On June 25, 2009 (74 FR 30366), the 

EPA promulgated the national emission 

standards for hazardous air pollutants 

(NESHAP) for area source aluminum, 

copper, and other nonferrous foundries 

under section 112(d)(5) of the Clean Air 

Act as subpart ZZZZZZ in 40 CFR part 

63. Today’s action makes minor 

corrections to clarify wording in the 

regulatory text. The corrections will 

become effective immediately (without 

further rulemaking action) on 

September 10, 2009. 

Minor corrections are being made to 

clarify the applicability requirements in 

§ 63.11544(a)(1), (2), and (3) to change 

the word ‘‘materials’’ to ‘‘material’’ and 

to delete the words ‘‘one or more’’ in the 

phrases ‘‘materials containing one or 

more aluminum foundry HAP as 

defined in § 63.11556’’, ‘‘materials 

containing one or more copper foundry 

HAP, as defined in § 63.11556’’, and 

‘‘materials containing one or more other 

nonferrous foundry HAP, as defined in 

§ 63.11556.’’ We are also adding a 

comma after ‘‘aluminum foundry HAP’’ 

for consistency. These minor technical 

changes provide confirmation that the 

applicability provisions are referring to 

terms in the definitions section of the 

final rule, i.e., ‘‘material containing 

aluminum foundry HAP’’, ‘‘material 

containing copper foundry HAP’’, and 

‘‘material containing other nonferrous 

foundry HAP.’’ Each of these terms is 

defined as ‘‘a material containing one or 

more [aluminum/copper/other 

nonferrous] foundry HAP. * * *’’ 

making it clear, even without these 

technical corrections, that the 

applicability provisions were referring 

to the terms ‘‘material containing 

aluminum foundry HAP’’, ‘‘material 

containing copper foundry HAP’’, and 

‘‘material containing other nonferrous 

foundry HAP.’’ This clear intent was 

explained in detail in the preamble of 

the final rule (74 FR 30376, 30377). 

II. Statutory and Executive Order 

Reviews 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to EO 12866 review. 

The technical correction does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Because EPA has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice and comment 

requirements under the APA or any 

other statute, it is not subject to the 

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

et seq.), or to sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). In addition, 

this action does not significantly or 

uniquely affect small governments, as 

described in section 203 of the UMRA. 

The technical correction does not 

have federalism implications, as 

specified in EO 13132, Federalism (64 

FR 43255, August 10, 1999). Today’s 

action also does not have Tribal 

implications, as specified by EO 13175, 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 6, 2000). 

The technical correction is not subject 

to EO 13045, Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 

1997) because it is not economically 

significant. The technical correction is 

not subject to EO 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 under EO 12866. 

The technical correction action does 

not involve technical standards; thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) do not apply. 

The technical correction will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment, as addressed by EO 

12898, Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

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. The 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 


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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46495 

Federal Register. This action is not a 

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

804(2). This final rule will be effective 

on September 10, 2009. 

The EPA’s compliance with these 

statutes and Executive Orders for the 

underlying rule is discussed in the June 

25, 2009 Federal Register notice 

containing the Area Source Aluminum, 

Copper, and Other Nonferrous 

Foundries final rule (74 FR 30366). 

List of Subjects for 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: September 1, 2009. 

Gina McCarthy, 

Assistant Administrator for Air and 

Radiation. 

■ For the reasons set out in the 

preamble, title 40, chapter I, part 63, 

subpart ZZZZZZ of the Code of Federal 

Regulations is amended as follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart ZZZZZZ—[Amended] 

■ 2. Section 63.11544 is amended by: 

■ a. Revising paragraph (a)(1); 

■ b. Revising paragraph (a)(2); and 

■ c. Revising paragraph (a)(3) to read as 

follows: 

§ 63.11544 Am I subject to this subpart? 

(a) * * * 

(1) Your aluminum foundry uses 

material containing aluminum foundry 

HAP, as defined in § 63.11556, ‘‘What 

definitions apply to this subpart?’’; or 

(2) Your copper foundry uses material 

containing copper foundry HAP, as 

defined in § 63.11556, ‘‘What 

definitions apply to this subpart?’’; or 

(3) Your other nonferrous foundry 

uses material containing other 

nonferrous foundry HAP, as defined in 

§ 63.11556, ‘‘What definitions apply to 

this subpart?’’. 

* * * * * 

§ 63.11553 [Amended] 

■ 3. Section 63.11553 is amended by 

redesignating the second paragraph 

(b)(4) as paragraph (b)(5). 

[FR Doc. E9–21712 Filed 9–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2510, 2516, 2519, 2520, 

2522, 2540, 2550, 2551, 2552, and 2553 

RIN 3045–AA50 

Serve America Act Amendments to the 

National and Community Service Act 

of 1990 and the Domestic Volunteer 

Service Act of 1973 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: On April 21, 2009, President 

Obama signed into law the Edward M. 

Kennedy Serve America Act (Serve 

America Act). The Serve America Act 

reauthorizes and expands national 

service programs administered by the 

Corporation for National and 

Community Service (‘‘the Corporation’’) 

by amending the National and 

Community Service Act of 1990 (NCSA) 

and the Domestic Volunteer Service Act 

of 1973 (DVSA). The Corporation 

publishes this interim final rule to 

implement time-sensitive changes that 

are required by the Serve America Act 

to take effect on October 1, 2009. In 

addition to aligning statutory 

amendments with the NCSA and DVSA, 

the interim final rule reorders and 

renumbers certain parts of the existing 

regulations and expands the 

construction and use of defined terms. 

DATES: This interim final rule is 

effective October 1, 2009. Comments 

must be received by November 9, 2009. 

ADDRESSES: You may mail or deliver 

your comments to Amy Borgstrom, 

Docket Manager, Corporation for 

National and Community Service, 1201 

New York Ave., NW., Washington, DC 

20525. You may also send your 

comments by facsimile transmission to 

(202) 606–3476, send them 

electronically to Rulemaking@cns.gov, 

submit comments through the Federal 

government’s one-stop rulemaking Web 

site at http://www.regulations.gov, or 

submit comments on the Corporation’s 

Web site at http:// 

www.nationalservice.gov/serveact. 

Members of the public may review 

copies of all communications received 

on this rulemaking at the Corporation’s 

Washington, DC headquarters. 

FOR FURTHER INFORMATION CONTACT: 

Amy Borgstrom, Docket Manager, 

Corporation for National and 

Community Service, (202) 606–6930, 

TDD (202) 606–3472. Persons with 

visual impairments may request this 

document in an alternate format. 

SUPPLEMENTARY INFORMATION: 

List of Topics 

I. Notice and Comment 

II. Background 

III. Specifics of the Interim Final Rule 

A. Learn and Serve America 

School-Based Service-Learning Programs 

Higher Education Innovative Programs for 

Community Service 

B. AmeriCorps State and National 

Prohibited Member Activities 

Criminal History Check Requirements 

Length of and Extension to a Term of 

Service 

Release From a Term of Service for 

Compelling Personal Circumstances 

Tutoring Requirements 

State Commission Composition 

Requirements 

State Plan Requirements 

State Commission Administrative Grants 

C. Senior Corps 

D. General Provisions 

Parental Involvement 

IV. Effective Dates 

V. Rulemaking Analyses and Notices 

I. Notice and Comment 

This interim final rule makes 

amendments to Chapter 25 of Title 45 of 

the Code of Federal Regulations to align 

the regulations with the National and 

Community Service Act of 1990 and the 

Domestic Volunteer Service Act, as 

amended by the Edward M. Kennedy 

Serve America Act, Public Law 111–13. 

This rule implements only those 

provisions in the Serve America Act 

that are time-sensitive and that will 

have actual programmatic impact 

beginning October 1, 2009; subsequent 

rulemakings to implement other 

provisions in the Serve America Act 

will follow. 

This interim final rule will become 

effective without prior notice and 

comment. Notice and comment 

procedures are not required under the 

Administrative Procedure Act (APA) 

when the agency for good cause finds 

that notice and comment is 

impracticable, unnecessary, or contrary 

to the public interest (5 U.S.C. 

553(b)(B)). The Corporation has 

determined that prior notice and 

comment would be impracticable under 

the circumstances. The APA’s 

legislative history defines the term 

‘‘impracticable’’ as a situation in which 

the due and required execution of the 

agency functions would be unavoidably 

prevented by its undertaking public 

rulemaking proceedings (See S. Rep. No. 

752, 79th Cong., 1st Sess. at 16 (1945)). 

The Corporation finds that public 

notice and comment before the issuance 

of this interim final rule would have 

been impracticable. The Serve America 

Act was enacted on April 21, 2009, with 

an effective date for most purposes of 


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