Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules 48707 

VII. EPA’s Proposed Action 

Based on complete, quality-assured 

ozone data for 2006–2008, and 

considering 2009 ozone data available to 

date, EPA is proposing to determine that 

the Chicago-Gary-Lake County, IL-IN 

ozone nonattainment area is attaining 

the 1997 eight-hour ozone standard. 

EPA is proposing approval of 

Indiana’s request to exempt Lake and 

Porter Counties from the section 182(f) 

NOX RACT requirement. This proposed 

approval is based on EPA’s review of 

the evidence provided by Indiana that 

the requirements of section 182(f)(1)(A), 

as elaborated upon in EPA’s guidance 

for section 182(f) exemptions, have been 

met for Lake and Porter Counties. In the 

future, if EPA determines that a 

violation of the 1997 eight-hour ozone 

NAAQS has occurred in the ChicagoGary-Lake County, IL-IN area or at the 

Chiwaukee Prairie monitoring site in 

Kenosha County, Wisconsin while Lake 

and Porter Counties are designated as 

nonattainment for the 1997 eight-hour 

ozone NAAQS, EPA will take action to 

revoke the exemption. 

Final approval of Indiana’s NOX

RACT exemption request would 

continue the deferral of the 2:1 new 

source offset sanction and the highway 

funding sanction that would have 

applied based on the finding of failure 

to submit the NOX RACT regulations 

issued by the EPA on March 24, 2009. 

The deferral would remain in place 

contingent upon continued attainment 

of the 1997 eight-hour ozone NAAQS in 

the Chicago-Gary-Lake County, IL-IN 

area. If EPA approves a redesignation 

request for the area for the 1997 eighthour ozone NAAQS, the sanctions clock 

will permanently stop at that time. If 

EPA determines that there is a violation 

of the 1997 eight-hour ozone NAAQS 

while Lake and Porter Counties remain 

designated as nonattainment for the 

1997 eight-hour ozone NAAQS, the NOX

RACT waiver will no longer be 

applicable as of the effective date of any 

such determination by EPA. At that 

time, the sanctions will no longer be 

deferred and the sanctions clock will 

restart at the point at which it stopped. 

EPA will provide notice in the Federal 

Register of any such waiver revocation 

and of the restarting of the sanctions 

clock. 

VIII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: September 16, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E9–23042 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907281181–91191–01] 

RIN 0648–AX93 

Fisheries of the Northeastern United 

States; Modification to the Gulf of 

Maine/Georges Bank Herring Midwater 

Trawl Gear Authorization Letter 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: NMFS reopens for 6 days the 

comment period on the proposed rule to 

modify the requirements of the Gulf of 

Maine/Georges Bank (GOM/GB) Herring 

Midwater Trawl Gear Letter of 

Authorization (LOA) for midwater trawl 

vessels issued All Areas and/or Areas 2 

and 3 Atlantic herring limited access 

permits fishing in Northeast (NE) 

multispecies Closed Area I (CA I). 

DATES: The deadline for written 

comments on the September 4, 2009 (74 

FR 45798), proposed rule is reopened 

through September 27, 2009. 

ADDRESSES: You may submit comments, 

identified by 0648–AX93, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-rulemaking portal: http:// 

www.regulations.gov. 

• Mail: Paper, disk, or CD-ROM 

comments should be sent to Patricia A. 

Kurkul, Regional Administrator, 

National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930–2276. Mark the outside of the 

envelope: ‘‘Modification to GOM/GB 

Midwater Trawl LOA.’’ 

• Fax: (978) 281–9135. 

Instructions: All comments received 

are part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
48708 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules 

information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF formats only. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The New England Fishery 

Management Council (Council) voted at 

its April 8, 2009, Council meeting to 

request that the NMFS Northeast 

Regional Administrator modify the 

GOM/GB Herring Midwater Trawl Gear 

LOA to require midwater trawl vessels 

fishing in CA I to have 100-percent 

observer coverage; be prohibited from 

slipping codends (the practice of 

opening the codend of the net and 

releasing the catch before all of it is 

brought on board); and be required to 

pump aboard the vessel all fish caught, 

to allow sampling by the observer. 

On September 4, 2009, the proposed 

rule to implement the Council’s 

requested expanded observer coverage 

published in the Federal Register (74 

FR 45798) with a 15-day comment 

period that closed on September 21, 

2009. NMFS has received several 

requests from members of the fishing 

industry to extend the comment period 

until after the Council meeting on 

September 22–24, 2009. Therefore, to 

allow for additional public comment to 

be submitted after this proposed action 

is discussed at the Council meeting, 

NMFS is reopening the comment period 

on the proposed rule through September 

27, 2009. 

Dated: September 21, 2009. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–23063 Filed 9–23–09; 8:45 am] 

BILLING CODE 3510–22–S 


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