48662 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 

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 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: September 14, 2009. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ 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 P—Indiana 

■ 2. Section 52.797 is amended by 

adding paragraph (e) to read as follows: 

§ 52.797 Control strategy: Lead. 

* * * * * 

(e) On April 1, 2009, Indiana 

submitted an updated maintenance plan 

under section 175A of the CAA for 

Marion County for the continued 

attainment of the 1.5 μg/m3 lead 

standard. 

[FR Doc. E9–22922 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0512; FRL–8961–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Interim Final Determination That Lake 

and Porter Counties Are Exempt From 

NOX RACT Requirements for Purposes 

of Staying Sanctions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: In the Proposed Rules section 

of this Federal Register, EPA is 

proposing approval of Indiana’s request 

to exempt Lake and Porter Counties 

from the Nitrogen Oxides (NOX) 

Reasonably Available Control 

Technology (RACT) requirement under 

section 182(f) of the Clean Air Act 

(CAA) for the 1997 eight-hour ozone 

standard based on a proposed 

determination that the area has attained 

that standard. Based on the proposed 

approval, EPA is making an interim 

final determination by this action that, 

with respect to the NOX RACT 

requirement, the State, contingent upon 

continued monitored attainment of the 

1997 eight-hour ozone National 

Ambient Air Quality Standard 

(NAAQS), has corrected the deficiency 

which was the basis for a sanctions 

clock. This action will defer the 

application of the new source offset 

sanction, which would be imposed on 

September 24, 2009, and defer the 

application of the highway funding 

sanction, which would otherwise apply 

six months after imposition of the offset 

sanction. Although this action is 

effective upon publication, EPA will 

take comment on this interim final 

determination as well as on EPA’s 

proposed determination of attainment 

and proposed approval of the State’s 

requested NOX RACT waiver. EPA will 

publish a new final action addressing 

sanctions at the time it takes further 

action regarding the proposed 

determination of attainment and 

proposed approval of the NOX waiver, 

taking into consideration any comments 

on EPA’s proposed action and this 

interim final action. 

DATES: This interim final determination 

is effective on September 24, 2009. 

However, comments will be accepted 

until October 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0512, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 692–2551. 

• Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch, (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch, (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, 18th Floor, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0512. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 48663 

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 

and viruses. 

Docket: All documents in the docket 

are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Edward Doty at (312) 

886–6057 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Environmental Scientist, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

On March 17, 2008, EPA sent a letter 

to Thomas W. Easterly, Commissioner, 

Indiana Department of Environmental 

Management (IDEM) stating that, under 

section 179 of the CAA, EPA had 

determined that Indiana failed to submit 

a State Implementation Plan (SIP) 

revision for NOX RACT in Lake and 

Porter Counties. EPA formalized this 

finding by taking final action in the 

Federal Register on March 24, 2008 (73 

FR 15416), and that action started the 

sanctions process outlined in section 

179 of the CAA and 40 CFR 50.31. The 

two-to-one (2:1) new source offset 

sanction was set to take effect on 

September 24, 2009, in Lake and Porter 

Counties as the result of the March 24, 

2008, finding of failure to submit. 

On June 5, 2009, IDEM submitted an 

ozone redesignation request for Lake 

and Porter Counties, which included a 

petition pursuant to section 182(f) of the 

CAA to exempt Lake and Porter 

Counties from the NOX RACT 

requirement. The petition is based on 

ambient air monitoring data for 2006– 

2008 which shows that the ChicagoGary-Lake County, Illinois-Indiana (ILIN) ozone nonattainment area is meeting 

the 1997 eight-hour ozone NAAQS. In 

the Proposed Rules section of today’s 

Federal Register, EPA has proposed a 

determination that the area has attained 

the 1997 eight-hour ozone NAAQS and 

has proposed approval of the NOX

RACT waiver request contingent on 

continued monitored attainment of the 

1997 eight-hour ozone NAAQS in the 

Chicago-Gary-Lake County, IL-IN ozone 

nonattainment area and at the 

Chiwaukee Prairie monitoring site in 

Kenosha County, Wisconsin (a peak 

ozone downwind impact site for 

emissions originating in the ChicagoGary-Lake County, IL-IN area). 

II. EPA Action 

Based on the proposed approval of the 

NOX RACT waiver request set forth in 

today’s Federal Register, EPA believes 

that it is more likely than not that 

Indiana (and Lake and Porter Counties) 

has met the NOX RACT requirement 

under section 182(f) of the CAA. 

Therefore, EPA is making this interim 

final determination finding that the 

State, contingent on continued 

monitored attainment of the ozone 

NAAQS, has corrected the deficiency of 

failing to submit NOX RACT rules. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiency identified in EPA’s 

promulgated finding of failure to submit 

required NOX RACT rules for Lake and 

Porter Counties, relief from sanctions 

should be provided as quickly as 

possible. Therefore, EPA is invoking the 

good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse this action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

NOX RACT waiver petition, and, 

through its proposed action, is 

indicating that it is more likely than not 

that the State has corrected the SIP 

deficiency that started the sanctions 

clock for Lake and Porter Counties. It is 

not in the public interest to initially 

impose sanctions or to keep applied 

sanctions in place when the State has 

most likely done all it can to correct the 

deficiency that triggered the sanctions 

clock. Moreover, it would be 

impracticable to go through notice-andcomment rulemaking on a finding that 

the State has corrected the deficiency 

prior to the rulemaking approving the 

State’s submittal. Therefore, EPA 

believes that it is necessary to use the 

interim final rulemaking process to 

defer the imposition of sanctions while 

EPA completes its rulemaking process 

on the approvability of the State’s 

submittal. Furthermore, because this 

rule relieves a restriction, EPA is 

providing that it will be effective upon 

publication. (5 U.S.C. 553(d)(1).) 

III. Statutory and Executive Order 

Reviews 

This action stays and defers Federal 

sanctions and imposes no additional 

requirements. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ 

and, therefore, is not subject to review 

by the Office of Management and 

Budget. 

This action is not subject to Executive 

Order 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. 

The administrator certifies that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

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

et seq.). 

This rule 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). 

This rule does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(59 FR 22951, November 9, 2000). 


cprice-sewell on DSK2BSOYB1PROD with RULES
48664 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 

This action does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This rule is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

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

272) do not apply to this rule because 

it imposes no standards. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons thereof, 

and established an effective date of 

September 24, 2009. 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 Federal Register. 

This rule 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 rule for the 

purpose of judicial review nor does it 

extend the time within which 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 

regulations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: September 16, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E9–23044 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2057; MB Docket No. 09–142; RM– 

11552] 

Television Broadcasting Services; 

Boston, MA 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by WHDH– 

TV, the licensee of station WHDH–TV, 

channel 7, Boston, Massachusetts, 

requesting the substitution of its pretransition DTV channel 42 for its posttransition DTV channel 7 at Boston. 

DATES: This rule is effective September 

24, 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. 09–142, 

adopted September 15, 2009, and 

released September 16, 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. 

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 Massachusetts is amended by 

adding channel 42 and removing 

channel 7 at Boston. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–23061 Filed 9–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2058; MB Docket No. 08–110; RM– 

11453] 

Television Broadcasting Services; 

Flagstaff, AZ 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by 

Multimedia Holdings Corporation 

(‘‘MHC’’), the permittee of station 


cprice-sewell on DSK2BSOYB1PROD with RULES