52716 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Proposed Rules 

or restrict the requirements for take for 

nonsubsistence uses, if necessary to 

ensure the continued viability of a fish 

or wildlife population, to continue 

subsistence uses of fish or wildlife, or 

for public safety reasons. The Board 

may also reopen public lands to 

nonsubsistence uses if new information 

or changed conditions indicate that the 

closure is no longer warranted. 

(1) If the timing of a regularly 

scheduled meeting of the affected 

Regional Council so permits without 

incurring undue delay, the Board may 

seek Council recommendations on the 

proposed emergency special action. 

Such a Council recommendation, if any, 

will be subject to the requirements of § 

___.18. 

(2) The emergency action will be 

effective when directed by the Board, 

may not exceed 60 days, and may not 

be extended unless the procedures for 

adoption of a temporary special action, 

as set forth in paragraph (b) of this 

section, have been followed. 

(b) Temporary special actions. After 

adequate notice and public hearing, the 

Board may temporarily close or open 

public lands for the taking of fish and 

wildlife for subsistence uses or modify 

the requirements for subsistence take, or 

temporarily close public lands for the 

taking of fish and wildlife for 

nonsubsistence uses or restrict take for 

nonsubsistence uses. The Board may 

make such temporary changes only after 

it determines that the proposed 

temporary change will not interfere with 

the conservation of healthy fish and 

wildlife populations, will not be 

detrimental to the long-term subsistence 

use of fish or wildlife resources, and is 

not an unnecessary restriction on 

nonsubsistence users. 

(1) Prior to implementing a temporary 

special action, the Board will consult 

with the State of Alaska and the Chairs 

of the Regional Councils of the affected 

regions. 

(2) If the timing of a regularly 

scheduled meeting of the affected 

Regional Council so permits without 

incurring undue delay, the Board will 

seek Council recommendations on the 

proposed temporary special action. 

Such Council recommendations, if any, 

will be subject to the requirements of § 

___.18. 

(3) The length of any temporary action 

will be confined to the minimum time 

period or harvest limit determined by 

the Board to be necessary under the 

circumstances. In any event, a 

temporary opening or closure will not 

extend longer than the end of the 

current regulatory cycle. 

(c) The Board may reject a request for 

either an emergency or a temporary 

special action if the Board concludes 

that there are no time-sensitive 

circumstances necessitating a regulatory 

change before the next regular proposal 

cycle. However, a special action request 

that has been rejected for this reason 

may be deferred, if appropriate and after 

consultation with the proponent, for 

consideration during the next regular 

proposal cycle. The Board will consider 

changes to customary and traditional 

use determinations in subpart C of this 

part only during the regular proposal 

cycle. 

(d) The Board will provide notice of 

all regulatory changes adopted via 

special action by posting the change on 

the Office of Subsistence Management 

website (http://alaska.fws.gov/asm/ 

osm.cfml). When appropriate, notice 

may also include distribution of press 

releases to newspapers, local radio 

stations, and local contacts, as well as 

direct notification to the proponent and 

interested parties. The Board will 

publish notice and reasons justifying the 

special action in the Federal Register as 

soon as practicable. 

(e) The decision of the Board on any 

proposed special action will constitute 

its final administrative action. 

(f) Regulations authorizing any 

individual agency to implement 

closures or restrictions on public lands 

managed by the agency remain 

unaffected by the regulations in this 

part. 

(g) You may not take fish and wildlife 

in violation of any restriction, closure, 

or change authorized by the Board. 

Dated: October 6, 2009 

Ken Salazar, 

Secretary of the Interior, Department of the 

Interior. 

Dated: July 22, 2009 

Dennis E. Bschor, 

Regional Forester, USDA—Forest Service. 

[FR Doc. E9–24653 Filed 10–13–09; 8:45 am 

BILLING CODE 4310–55–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–0908; FRL–8957–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio 

Administrative Code Rule 3742–21–17 

Portable Fuel Containers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Ohio Environmental 

Protection Agency submitted a revision 

to its State Implementation Plan (SIP) 

under the Clean Air Act in order to 

reduce air pollution in Ohio. The SIP 

revision consists of a new regulation 

entitled Ohio’s Administrative Code 

Rule 3745–21–17 ‘‘Control of VOC 

Emissions from Portable Fuel 

Containers.’’ This rule impacts sale, use, 

and manufacture of Portable Fuel 

Containers in the State of Ohio. EPA is 

proposing to approve this rule. 

DATES: Comments must be received on 

or before November 13, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–0908, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. 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. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

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. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Michael G. Leslie, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP revision submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Proposed Rules 52717 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: September 9, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E9–24609 Filed 10–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0339; FRL–8947–3] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Maricopa County Air 

Quality Department (MCAQD) portion 

of the Arizona State Implementation 

Plan (SIP). These revisions concern 

particulate matter (PM) emissions and 

precursors from steam generating units, 

cogeneration units, stationary gas 

turbines, process heaters and internal 

combustion engines. We are proposing 

to approve local rules to regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: Any comments on this proposal 

must arrive by November 13, 2009. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2009–0339], by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http://

www.regulations.gov or e-mail. http://

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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 or 

viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: 322, Power Plant Operations, 323, 

Fuel Burning Equipment from 

Industrial/Commercial/Institutional 

(ICI) Sources and 324, Stationary 

Internal Combustion (IC) Engines. In the 

Rules and Regulations section of this 

Federal Register, we are approving 

these local rules in a direct final action 

without prior proposal because we 

believe these SIP revisions are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: July 10, 2009. 

Jane Diamond, 

Deputy Regional Administrator, Region IX. 

[FR Doc. E9–24548 Filed 10–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 97 

[EPA–R04–OAR–2009–0765; FRL–8968–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Tennessee; Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Tennessee State 

Implementation Plan (SIP) submitted by 

the State of Tennessee through the 

Tennessee Department of Environment 

and Conservation on July 13, 2009. This 

revision incorporates provisions related 

to the implementation of EPA’s Clean 

Air Interstate Rule (CAIR), promulgated 

on May 12, 2005, subsequently revised 

on April 28, 2006, and December 13, 

2006, and the CAIR Federal 

Implementation Plan (FIP) concerning 

Sulfur Dioxide (SO2), Nitrogen Oxides 

(NOX) annual, and NOX ozone season 

emissions for the State of Tennessee, 

promulgated on April 28, 2006, and 

subsequently revised December 13, 

2006. Although the District of Columbia 

Circuit Court found CAIR to be flawed, 

the rule was remanded without vacatur 

and thus remains in place. EPA is 

continuing to approve CAIR provisions 

into SIPs as appropriate. EPA previously 

approved an ‘‘abbreviated SIP’’ for 

Tennessee, primarily consisting of rules 

governing allocation of allowances to 

electric generating units (EGUs) for use 

in the trading programs established 

pursuant to CAIR and providing for 

voluntary opt-in to these programs on 

August 20, 2007 (72 FR 46388), effective 

on October 19, 2007. Tennessee has now 

requested, in a revised submittal dated 

September 21, 2009, and a clarification 

letter dated September 24, 2009, that 

EPA act on a portion of the July 13, 

2009, submittal as an abbreviated SIP. 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS