48384 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

Old-Age, Survivors, and Disability 

insurance; Penalties; Reporting and 

recordkeeping requirements; Social 

Security. 

20 CFR Part 416 

Administrative practice and 

procedure; Penalties; Reporting and 

recordkeeping requirements; 

Supplemental Security Income (SSI). 

Dated: September 16, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons set out in the 

preamble, we are amending 20 CFR 

parts 404 and 416 as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart R—[Amended] 

■ 1. The authority citation for subpart R 

of part 404 continues to read as follows: 

Authority: Secs. 205(a), 206, 702(a)(5), and 

1127 of the Social Security Act (42 U.S.C. 

405(a), 406, 902(a)(5), and 1320a–6); sec. 303, 

Public Law 108–203, 118 Stat. 493. 

■ 2. Amend § 404.1703 by adding two 

definitions in alphabetical order to read 

as follows: 

§ 404.1703 Definitions. 

* * * * * 

Entity means any business, firm, or 

other association, including but not 

limited to partnerships, corporations, 

for-profit organizations, and not-forprofit organizations. 

Legal guardian or court-appointed 

representative means a court-appointed 

person, committee, or conservator who 

is responsible for taking care of and 

managing the property and rights of an 

individual who is considered incapable 

of managing his or her own affairs. 

* * * * * 

■ 3. Amend § 404.1720 by revising 

paragraph (b)(3) and by adding 

paragraph (e) to read as follows: 

§ 404.1720 Fee for a representative’s 

services. 

* * * * * 

(b) * * * 

(3) Subject to paragraph (e) of this 

section, a representative must not 

charge or receive any fee unless we have 

authorized it, and a representative must 

not charge or receive any fee that is 

more than the amount we authorize. 

* * * * * 

(e) When we do not need to authorize 

a fee. We do not need to authorize a fee 

when: 

(1) An entity or a Federal, State, 

county, or city government agency pays 

from its funds the representative fees 

and expenses and both of the following 

conditions apply: 

(i) You and your auxiliary 

beneficiaries, if any, are not liable to pay 

a fee or any expenses, or any part 

thereof, directly or indirectly, to the 

representative or someone else; and 

(ii) The representative submits to us a 

writing in the form and manner that we 

prescribe waiving the right to charge 

and collect a fee and any expenses from 

you and your auxiliary beneficiaries, if 

any, directly or indirectly, in whole or 

in part; or 

(2) A court authorizes a fee for your 

representative based on the 

representative’s actions as your legal 

guardian or a court-appointed 

representative. 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart O—[Amended] 

■ 4. The authority citation for subpart O 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1127 and 

1631(d) of the Social Security Act (42 U.S.C. 

902(a)(5), 1320a–6 and 1383(d)); sec. 303, 

Public Law 108–203, 118 Stat. 493. 

■ 5. Amend § 416.1503 by adding two 

definitions in alphabetical order to read 

as follows: 

§ 416.1503 Definitions. 

* * * * * 

Entity means any business, firm, or 

other association, including but not 

limited to partnerships, corporations, 

for-profit organizations, and not-forprofit organizations. 

Legal guardian or court-appointed 

representative means a court-appointed 

person, committee, or conservator who 

is responsible for taking care of and 

managing the property and rights of an 

individual who is considered incapable 

of managing his or her own affairs. 

* * * * * 

■ 6. Amend § 416.1520 by revising 

paragraph (b)(3) and by adding 

paragraph (e) to read as follows: 

§ 416.1520 Fee for a representative’s 

services. 

* * * * * 

(b) * * * 

(3) Subject to paragraph (e) of this 

section, a representative must not 

charge or receive any fee unless we have 

authorized it, and a representative must 

not charge or receive any fee that is 

more than the amount we authorize. 

* * * * * 

(e) When we do not need to authorize 

a fee. We do not need to authorize a fee 

when: 

(1) An entity or a Federal, State, 

county, or city government agency pays 

from its funds the representative fees 

and expenses and both of the following 

conditions apply: 

(i) You are not liable to pay a fee or 

any expenses, or any part thereof, 

directly or indirectly, to the 

representative or someone else; and 

(ii) The representative submits to us a 

writing in the form and manner we 

prescribe waiving the right to charge 

and collect a fee and any expenses from 

you directly or indirectly, in whole or 

in part; or 

(2) A court authorizes a fee for your 

representative based on the 

representative’s actions as your legal 

guardian or a court-appointed 

representative. 

[FR Doc. E9–22842 Filed 9–22–09; 8:45 am] 

BILLING CODE 4191–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0359–200915(c); 

FRL–8960–1] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Alabama State Implementation Plan; 

Birmingham and Jackson County; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On March 26, 2009 (71 FR 

13118), EPA published a document 

approving a revision to the Birmingham 

and Jackson County portions of the 

Alabama State Implementation Plan 

(SIP). This action adds Table (c), which 

was inadvertently omitted, to Alabama’s 

Identification of Plan section of the 

Code of Federal Regulations (CFR). 

DATES: This action is effective 

September 23, 2009. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 48385 

FOR FURTHER INFORMATION CONTACT: 

Amanetta Somerville, Air Quality 

Modeling and Transportation Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Ms. 

Somerville’s telephone number is 404– 

562–9025. She can also be reached via 

electronic mail at 

Somerville.amanetta@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action adds Table (c) for a regulation 

that appears in Alabama’s Identification 

of Plan section at 40 CFR 52.50(c). The 

regulation, Alabama Chapter 335–3–17– 

.01 ‘‘Transportation Conformity,’’ was 

approved by EPA on March 26, 2009 (71 

FR 13170). However, EPA inadvertently 

omitted Table (c) in the regulatory text 

of the Direct Final Rule. EPA is 

correcting this inadvertent error by 

inserting Table (c) into Alabama’s 

Identification of Plan section of the 

Code of Federal Regulations at 40 CFR 

52.50(c). 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because today’s action to identify, in the 

CFR, the state effective date of 

Alabama’s regulation has no substantive 

impact on EPA’s March 26, 2009, 

approval of this regulation. The 

omission of Table (c) in the regulatory 

text of EPA’s final rule published on 

March 26, 2009, makes no substantive 

difference to EPA’s analysis as set out in 

that rule because EPA was aware at the 

time of our approval that the state 

regulation at issue was effective on May 

26, 2009. In addition, EPA can identify 

no particular reason why the public 

would be interested in being notified of 

the correction of this omission, or in 

having the opportunity to comment on 

the correction prior to this action being 

finalized, since this correction action 

does not change the meaning of the 

regulation at issue or otherwise change 

EPA’s analysis of Alabama’s submittal 

(71 FR 13118). EPA also finds that there 

is good cause under APA section 

553(d)(3) for this correction to become 

effective on the date of publication of 

this action. Section 553(d)(3) of the APA 

allows an effective date less than 30 

days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 5 

U.S.C. 553(d)(3). The purpose of the 30- 

day waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s rule 

merely corrects an inadvertent error of 

omission in the regulatory text of a prior 

rule by adding Table (c) for the Alabama 

regulation which EPA approved on 

March 26, 2009. For these reasons, EPA 

finds good cause under APA section 

553(d)(3) for this correction to become 

effective on the date of publication of 

this action. 

Statutory and Executive Order Reviews 

Under the Clean Air Act (CAA), 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 CAA. 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 CAA; 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 23, 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 dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 10, 2009. 

J. Scott Gordon, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

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48386 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. In § 52.50(c) the table is amended 

by revising the entry for ‘‘Section 335– 

3–17.01’’ to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

* * * * * * * 

Chapter 335–3–17 Conformity of Federal Actions to State Implementation Plans 

Section 335–3–17.01 ...................... Transportation Conformity ............. 04/03/07 09/23/09 [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. E9–22814 Filed 9–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0020; FRL–8431–9] 

Thiram; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

thiram, (tetramethyl thiuram disulfide) 

in or on banana, import. Taminco 

Incorporated requested a tolerance 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 23, 2009. Objections and 

requests for hearings must be received 

on or before November 23, 2009, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0020. All documents in the 

docket are listed in the docket index 

available 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Bryant Crowe, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–0025; e-mail address: 

crowe.bryant@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

To access the OPPTS Harmonized 

Guidelines referenced in this document, 

go directly to the guidelines at http:// 

www.epa.gov/opptsfrs/home/ 

guidelin.htm. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2007–0020 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before November 23, 2009. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

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