45560 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

environmental review procedures for 

implementing NEPA. The agencies have 

concluded that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 6(b) of the 

‘‘Appendix to National Environmental 

Policy Act: Coast Guard Procedures for 

Categorical Exclusions, Notice of Final 

Agency Policy’’ (67 FR 48244, July 23, 

2002) and NOAA NAO 216–6 sections 

5.05 and 6.03(c)(3)(i). This rule involves 

congressionally mandated regulations 

designed to improve or protect the 

environment. An environmental 

analysis checklist and the relevant 

categorical exclusion determinations are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects 

15 CFR Part 909 

Marine resources, Marine debris, 

Marine pollution, and Ocean dumping. 

33 CFR Part 151 

Administrative practice and 

procedure, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, and Water pollution 

control. 

NOAA signature. 

Dated: August 19, 2009. 

John H. Dunnigan, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management. 

Coast Guard signature. 

Dated: August 20, 2009. 

B.M. Salerno, 

RADM, Coast Guard, Assistant Commandant 

for Marine Safety, Security and Stewardship. 

■ For the reasons discussed in the 

preamble, NOAA adds 15 CFR part 909 

and the Coast Guard amends 33 CFR 

part 151 as follows: 

■ 1. 15 CFR Part 909 is added to read 

as follows: 

PART 909—MARINE DEBRIS 

§ 909.1 Definition of marine debris for the 

purposes of the Marine Debris Research, 

Prevention, and Reduction Act. 

Authority: 33 U.S.C. 1951–1958 (2006). 

§ 909.1 Definition of marine debris for the 

purposes of the Marine Debris Research, 

Prevention, and Reduction Act. 

(a) Marine debris. For the purposes of 

the Marine Debris Research, Prevention, 

and Reduction Act (33 U.S.C. 1951– 

1958 (2006)) only, marine debris is 

defined as any persistent solid material 

that is manufactured or processed and 

directly or indirectly, intentionally or 

unintentionally, disposed of or 

abandoned into the marine environment 

or the Great Lakes. 

(b) NOAA and the Coast Guard have 

jointly promulgated the definition of 

marine debris in this part. Coast Guard’s 

regulation may be found in 33 CFR 

151.3000. 

PART 151—VESSELS CARRYING OIL, 

NOXIOUS LIQUID SUBSTANCES, 

GARBAGE, MUNICIPAL OR 

COMMERCIAL WASTE, AND BALLAST 

WATER 

■ 2. Add Subpart E to Part 151, to read 

as follows: 

Subpart E—Definition of Marine Debris 

for the purposes of the Marine Debris 

Research, Prevention, and Reduction 

Act 

Authority: 33 U.S.C. 1951–1958 (2006); 33 

CFR 1.05–1; Department of Homeland 

Security Delegation No. 0170.1. 

§ 151.3000 Definition of Marine Debris for 

the purposes of the Marine Debris 

Research, Prevention, and Reduction Act. 

(a) Marine debris. For the purposes of 

the Marine Debris Research, Prevention, 

and Reduction Act (33 U.S.C. 1951– 

1958 (2006)) only, marine debris is 

defined as any persistent solid material 

that is manufactured or processed and 

directly or indirectly, intentionally or 

unintentionally, disposed of or 

abandoned into the marine environment 

or the Great Lakes. 

(b) NOAA and the Coast Guard have 

jointly promulgated the definition of 

marine debris in this part. NOAA’s 

regulation may be found in 15 CFR part 

909. 

[FR Doc. E9–21261 Filed 9–2–09; 8:45 am] 

BILLING CODE 3510–JE–P; 4910–15–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB54 

Labor Certification Process and 

Enforcement for Temporary 

Employment in Occupations Other 

Than Agriculture or Registered 

Nursing in the United States (H–2B 

Workers), and Other Technical 

Changes; Correction 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Technical correction. 

SUMMARY: This document contains a 

correction to the Final Rule of the H–2B 

program that was published on 

December 19, 2008. The Final Rule reengineers the application filing and 

review process by centralizing 

processing and by enabling employers 

to conduct pre-filing recruitment of 

United States (U.S.) workers. In 

addition, the rule enhances the integrity 

of the H–2B program through the 

introduction of post-adjudication audits 

and procedures for penalizing 

employers who fail to meet program 

requirements. This rule also makes 

technical changes to both the H–1B and 

the permanent labor certification 

program regulations to reflect 

operational changes stemming from this 

regulation. 

DATES: This technical correction is 

effective September 3, 2009. The 

technical correction is applicable 

beginning January 18, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

information on the labor certification 

process governed by this correction, 

contact William L. Carlson, 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room C–4312, Washington, DC 20210. 

Telephone: (202) 693–3010 (this is not 

a toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone via TTY by calling 

the toll-free Federal Information Relay 

Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 19, 2008 the 

Department of Labor’s (Department) 

Employment and Training 

Administration (ETA) published a Final 

Rule titled ‘‘Labor Certification Process 

and Enforcement for Temporary 

Employment in Occupations Other 

Than Agriculture or Registered Nursing 

in the United States (H–2B Workers), 

and Other Technical Changes.’’ It has 

come to ETA’s attention that due to a 

technical oversight a certain part of the 

final regulations was deleted from the 

Final Rule publication. The Department 

did not intend to remove this language 

from the regulations and through this 

correction notice the Department seeks 

to reinsert the inadvertently deleted 

language. 

Need for Correction 

As published, the final regulation 

erroneously removed a paragraph of 

§ 655.731 that the Department had 

intended to remain. The intention of 

this Notice is to reestablish that 

paragraph. 


jlentini on DSKJ8SOYB1PROD with RULES
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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