Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52895 

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 December 14, 

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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 26, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(354)(i)(E)(3) and 

(4), (363)(i)(A)(2) and (364) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(E) * * * 

(3) Rule 4624, ‘‘Transfer of Organic 

Liquid,’’ adopted on December 20, 2007. 

(4) Rule 4653, ‘‘Adhesives,’’ adopted 

on September 20, 2007. 

* * * * * 

(363) * * * 

(i) * * * 

(A) * * * 

(2) Rule 4607, ‘‘Graphic Arts and 

Paper, Film, Foil, and Fabric Coatings,’’ 

adopted on December 18, 2008. 

■ (364) New and amended regulations 

were submitted on December 23, 2008 

by the Governor’s designee. 

(i) Incorporation by Reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4606, ‘‘Wood Products and 

Flat Wood Paneling Product Coating 

Operations,’’ adopted on October 16, 

2008. 

* * * * * 

[FR Doc. E9–24687 Filed 10–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 205, 209, 225, 241, 

and 244 

Defense Federal Acquisition 

Regulation Supplement (DFARS); 

Technical Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to specify the debarring and 

suspending official for the Defense 

Intelligence Agency and update other 

references within the DFARS text. 

DATES: Effective Date: October 15, 2009 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, OUSD (AT&L) DPAP 

(DARS), IMD 3D139, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone 703–602–0328; facsimile 

703–602–7887. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends DFARS text as 

follows: 

204.7107. Adds a pointer to the 

procedures on agency accounting 

identifiers in the DFARS companion 

resource, Procedures, Guidance, and 

Information. 

205.301. Corrects the cross-reference 

to the exception for acquisitions of 

chemical warfare protective clothing 

from the restrictions on food, clothing, 

fabrics, and hand or measuring tools at 

225.7002 and revises the cross-reference 

to the definition of ‘‘qualifying 

country.’’ 

209.403. Specifies the debarring and 

suspending official for the Defense 

Intelligence Agency. 

225.7002–2. Revises the crossreference to the definition of ‘‘qualifying 

country.’’ 

241.103. Correct the statutory 

reference to 10 U.S.C. 2688(d)(2). 

244.403. Correct the reference to the 

current specialty metals clause, 

252.225.7009, Restriction on 

Acquisition of Certain Articles 

Containing Specialty Metals. 

List of Subjects in 48 CFR Parts 204, 

205, 209, 225, 241, and 244 

Government procurement. 

Amy G. Williams, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 204, 205, 209, 

225, 241, and 244 are amended as 

follows: 

■ 1. The authority citation for 48 CFR 

parts 204, 205, 209, 225, 241, and 244 

continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 2. Section 204.7107 is revised to read 

as follows: 

204.7107 Contract accounting 

classification reference number (ACRN) and 

agency accounting identifier (AAI). 

Traceability of funds from accounting 

systems to contract actions is 

accomplished using ACRNs and AAIs. 

Follow the procedures at PGI 204.7107 

for use of ACRNs and AAIs. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

■ 3. In section 205.301, paragraph 

(a)(iii)(b) is revised to read as follows: 

205.301 General. 

(a) * * * 

(iii) * * * 

(B) ‘‘The exception at DFARS 

225.7002–2(n) applies to this 

acquisition, because the contracting 

officer has determined that this 

acquisition of chemical warfare 

protective clothing furthers an 

agreement with a qualifying country 

identified in DFARS 225.003(10).’’ 

PART 209—CONTRACTOR 

QUALIFICATIONS 

■ 4. Section 209.403 is amended by 

revising paragraph (1) of the definition 


jlentini on DSKJ8SOYB1PROD with RULES
52896 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

for ‘‘debarring and suspending official 

to read as follows: 

209.403 Definitions. 

‘‘Debarring and suspending official.’’ 

(1) For DoD, the designees are— 

Army—Commander, U.S. Army Legal 

Services Agency 

Navy—The General Counsel of the 

Department of the Navy 

Air Force—Deputy General Counsel 

(Contractor Responsibility) 

Defense Advanced Research Projects 

Agency—The Director 

Defense Information Systems Agency— 

The General Counsel 

Defense Intelligence Agency—The 

Senior Procurement Executive 

Defense Logistics Agency—The Special 

Assistant for Contracting Integrity 

National Geospatial—Intelligence 

Agency—The General Counsel 

Defense Threat Reduction Agency—The 

Director 

National Security Agency—The Senior 

Acquisition Executive 

Missile Defense Agency—The General 

Counsel 

Overseas installations—as designated by 

the agency head 

* * * * * 

PART 225—FOREIGN ACQUISITION 

225.7002–2 [Amended] 

■ 5. Section 225.7002–2 is amended by 

removing the reference to ‘‘225.872’’ in 

paragraph (n) and adding in its place a 

reference to ‘‘225.003(10)’’. 

PART 241—ACQUISITION OF UTILITY 

SERVICES 

241.103 [Amended] 

■ 6. Section 241.103 is amended by 

removing from paragraph (1) the 

statutory reference ‘‘10 U.S.C. 

2688(c)(3)’’ and adding in its place the 

statutory reference ‘‘10 U.S.C. 

2688(d)(2)’’. 

PART 244—SUBCONTRACTING 

POLICIES AND PROCEDURES 

■ 7. Section 244.403(1) is revised to 

read as follows: 

244.403 Contract clause. 

* * * * * 

(1) 252.225–7009, Restriction on 

Acquisition of Certain Articles 

Containing Specialty Metals. 

* * * * * 

[FR Doc. E9–24843 Filed 10–14–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 172 

[Docket No. PHMSA–2009–0238 (HM–224G)] 

RIN 2137–AE49 

Hazardous Materials: Chemical 

Oxygen Generators 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule amends 

the Hazardous Materials Regulations to 

revise the quantity limitation from 25 kg 

‘‘gross’’ to 25 kg ‘‘net’’ for packages of 

chemical oxygen generators transported 

aboard cargo aircraft only. The intended 

effect of this rule is to provide 

regulatory relief by raising the quantity 

threshold for shipments of chemical 

oxygen generators transported aboard 

cargo aircraft only. This action is 

necessary to address difficulties 

concerning implementation and 

compliance with the requirements for 

the transportation of chemical oxygen 

generators in outer packagings meeting 

certain flame penetration resistance 

standards and thermal protection 

capabilities, as evidenced by comments 

received from the hazardous materials 

industry and other interested parties. 

The amendment contained in this rule 

is a minor substantive change, in the 

public interest, and unlikely to result in 

adverse comment. 

DATES: This direct final rule is effective 

November 16, 2009, unless an adverse 

comment or notice of intent to file an 

adverse comment is received by 

November 16, 2009. PHMSA will 

publish in the Federal Register a timely 

document confirming the effective date 

of this final rule. 

ADDRESSES: You may submit comments 

identified by the docket number 

PHMSA–2009–0238 by any of the 

following methods: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Fax: 1–202–493–2251. 

Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

Hand Delivery: To Docket Operations; 

Room W12–140 on the ground floor of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this rule. Note that all 

comments received will be posted 

without change, including any personal 

information provided. 

FOR FURTHER INFORMATION CONTACT: T. 

Glenn Foster, (202) 366–8553, U.S. 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, Office of Hazardous 

Materials Standards, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

List of Topics 

I. Background 

II. Appeals to the January 31, 2007 Final Rule 

III. Petitions to the January 31, 2007 Final 

Rule 

IV. Summary of the Direct Final Rule 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for 

Rulemaking 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Unfunded Mandates Reform Act of 1995 

G. Paperwork Reduction Act 

H. Regulation Identifier Number (RIN) 

I. Environmental Assessment 

J. Privacy Act 

I. Background 

The National Transportation Safety 

Board found that one of the probable 

causes of the May 11, 1996 crash of 

ValuJet Airlines flight No. 596 was a fire 

in the airplane’s cargo compartment that 

was initiated and enhanced by the 

actuation of one or more chemical 

oxygen generators that were being 

improperly carried as cargo. Following 

that tragedy, in which 110 lives were 

lost, the Department of Transportation: 

—Prohibited the transportation of 

chemical oxygen generators 

(including personal-use chemical 

oxygen generators) on board 

passenger-carrying aircraft and the 

transportation of spent chemical 

oxygen generators on both passengercarrying and cargo-only aircraft, 61 FR 

26418 (May 24, 1996), 61 FR 68952 

(Dec. 30, 1996), 64 FR 45388 (Aug. 19, 

1999); 

—Issued standards governing the 

transportation of chemical oxygen 

generators on cargo-only aircraft (and 

by motor vehicle, rail car and vessel), 

including the requirement for an 

approval issued by the Research and 

Special Programs Administration 


jlentini on DSKJ8SOYB1PROD with RULES