6010 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules 

it 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 action also 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). Thus, Executive Order 

13132 does not apply to this rule. This 

action merely makes technical 

corrections to a recently-finalized rule 

and does not alter the relationship or 

the distribution of power and 

responsibilities. 

This rule also 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 

(65 FR 97249, November 9, 2000). Thus, 

Executive Order 13175 does not apply 

to this action. EPA interprets Executive 

Order 13045 ‘‘Protection of Children 

from Environmental Health and Safety 

Risks’’ (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the EO has the 

potential to influence the regulation. 

This action is not subject to EO 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. This action does not involve 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. 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. 

EPA has determined that this final 

rule 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. This action merely makes 

technical corrections to a recentlyfinalized rule, and these corrections 

have no effect on minority or lowincome populations. 

List of Subjects in 40 CFR Part 6 

Environmental protection, 

Environmental assessments, 

Environmental impact statements, 

Environmental protection reporting, 

Foreign relations, Grant programs— 

environmental protection, Reporting 

and recordkeeping requirements. 

Dated: January 15, 2009. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E9–2350 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2008–0754; FRL–8768–1] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Oklahoma has 

applied to EPA for Final authorization 

of the changes to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

EPA proposes to grant Final 

authorization to the State of Oklahoma. 

In the ‘‘Rules and Regulations’’ section 

of this Federal Register, EPA is 

authorizing the changes by an 

immediate final rule. EPA did not make 

a proposal prior to the immediate final 

rule because we believe this action is 

not controversial and do not expect 

comments that oppose it. We have 

explained the reasons for this 

authorization in the preamble to the 

immediate final rule. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we receive 

comments that oppose this action, we 

will withdraw the immediate final rule 

and it will not take effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time. 

DATES: Send your written comments by 

March 6, 2009. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6, Regional 

Authorization Coordinator (6PD–O), 

Multimedia Planning and Permitting 

Division, at the address shown below. 

You can examine copies of the materials 

submitted by the State of Oklahoma 

during normal business hours at the 

following locations: EPA Region 6, 1445 

Ross Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–8533; or 

Oklahoma Department of Environmental 

Quality, 707 North Robinson, Oklahoma 

City, Oklahoma 73101–1677, (405) 702– 

7180. Comments may also be submitted 

electronically or through hand delivery/ 

courier; please follow the detailed 

instructions in the ADDRESSES section of 

the immediate final rule which is 

located in the Rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson (214) 665–8533. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: November 7, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

[FR Doc. E9–2371 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

RIN 0648–AX36 

Notification of Receipt of a Petition for 

Rulemaking to Implement the 

Provisions of the Marine Mammal 

Protection Act for Swordfish Imports 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Reopening of comment period. 

SUMMARY: In order to provide additional 

opportunities for the public, foreign 

nations that export swordfish to the 

United States, and other interested 

parties to comment on the petition for 

rulemaking to implement the provisions 

of section 101(a)(2)(A) of the Marine 

Mammal Protection Act for swordfish 

imports, NMFS is reopening the 

comment period. On December 15, 

2008, NMFS published a notification of 

receipt of the petition. Based on the 

December 15, 2008 document, the 

comment period was scheduled to 

conclude on January 29, 2009. NMFS is 

now reopening the comment period 

until March 23, 2009. Comments 

received will be considered by NMFS as 

it determines whether to proceed with 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules 6011 

the request by Center for Biological 

Diversity and Turtle Island Restoration 

Network. In addition to general 

comments on the petition, NMFS 

specifically requests comments on how 

to define ‘‘United States standards’’ as 

referenced in MMPA section 101(a)(2). 

DATES: The request for comments on the 

petition for rulemaking to implement 

the provisions of section 101(a)(2)(A) of 

the Marine Mammal Protection Act for 

swordfish imports will be reopened on 

February 4, 2009. Comments must be 

received by 5 p.m. on March 23, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. 

• Mail: Director, Office of 

International Affairs, Attn: Swordfish 

Petition, NMFS, F/IA, 1315 East-West 

Highway, Silver Spring, MD 20910 

• Fax: (301) 713–2313 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

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 

portable document file (pdf) formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Lekelia Jenkins at 301–713–9090 x131. 

SUPPLEMENTARY INFORMATION: NMFS 

received a petition for rulemaking under 

the Administrative Procedure Act. The 

Center for Biological Diversity and the 

Turtle Island Restoration Network, 

nongovernmental organizations, have 

petitioned the U.S. Department of 

Commerce and other relevant 

Departments to initiate rulemaking to 

ban importation of commercial fish or 

products from fish that have been 

caught with commercial fishing 

technology that results in incidental 

mortality or serious injury of marine 

mammals in excess of United States 

standards. 

On December 15, 2008, NMFS 

published a notification of the receipt of 

the petition, with a January 29, 2009, 

deadline for comments (73 FR 75988). 

NMFS is reopening the comment period 

to provide additional opportunity for 

interested parties to comment on the 

petition. 

The complete text of the Center for 

Biological Diversity and the Turtle 

Island Restoration Network’s petition is 

available via the internet at the 

following web address: http:// 

www.nmfs.noaa.gov/ia/. Copies of this 

petition also may be obtained by 

contacting NMFS at the above address. 

Dated: January 29, 2008. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–2369 Filed 2–3–09; 8:45 am] 

BILLING CODE 3510–22–S