23876 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations 

Dated: April 11, 2011. 

Kevin J. Wolf, 

Assistant Secretary. 

[FR Doc. 2011–9924 Filed 4–28–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No.: PTO–P–2010–0092] 

RIN 0651–AC52 

Changes To Implement the Prioritized 

Examination Track (Track I) of the 

Enhanced Examination Timing Control 

Procedures 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Final rule; delay of effective and 

applicability dates. 

SUMMARY: On April 4, 2011, the United 

States Patent and Trademark Office 

(Office) published a final rule that 

revises the rules of practice in patent 

cases to implement a procedure under 

which applicants may request 

prioritized examination at the time of 

filing of an application upon payment of 

appropriate fees and compliance with 

certain requirements (Track I final rule). 

The prioritized examination procedure 

is the first track (Track I) of a 3-Track 

examination process designed to 

provide applicants with greater control 

over when their nonprovisional utility 

and plant applications are examined 

and to promote greater efficiency in the 

patent examination process. The Track 

I final rule states that the effective date 

is May 4, 2011, and that a request for 

prioritized examination may be 

submitted with any original utility or 

plant application filed on or after May 

4, 2011. The Office is hereby notifying 

the public that the Track I final rule 

effective date and applicability date 

have been delayed until further notice. 

DATES: Effective Date: The effective date 

for the amendments to 37 CFR 1.17 and 

1.102 published at 76 FR 18399, April 

4, 2011 (the Track I final rule) is delayed 

until further notice. The Office will 

publish a document in the Federal 

Register announcing the new effective 

date. 

Applicability date: No request for 

prioritized examination will be accepted 

until further notice. 

FOR FURTHER INFORMATION CONTACT: 

Eugenia A. Jones, Kathleen Kahler 

Fonda, or Michael T. Cygan, Office of 

Patent Legal Administration, Office of 

the Associate Commissioner for Patent 

Examination Policy, by telephone at 

(571) 272–7727, (571) 272–7754 or (571) 

272–7700, or by mail addressed to: Mail 

Stop Comments Patents, Commissioner 

for Patents, P.O. Box 1450, Alexandria, 

VA 22313–1450, marked to the attention 

of Eugenia A. Jones. 

SUPPLEMENTARY INFORMATION: On April 

4, 2011, the Office published a final rule 

that revises the rules of practice in 

patent cases to implement a procedure 

under which applicants may request 

prioritized examination at the time of 

filing of an application upon payment of 

appropriate fees and compliance with 

certain requirements (Track I final rule). 

See Changes to Implement the 

Prioritized Examination Track (Track I) 

of the Enhanced Examination Timing 

Control Procedures, 76 FR 18399 (Apr. 

4, 2011). The Office set an aggregate goal 

for the prioritized examination 

procedure of providing a final 

disposition within twelve months of 

prioritized status being granted. See 

Changes to Implement the Prioritized 

Examination Track (Track I) of the 

Enhanced Examination Timing Control 

Procedures, 76 FR at 18401. The Office, 

however, has found it necessary to 

revise its patent examiner hiring plan 

due to funding limitations. The revised 

hiring plan does not permit the Office 

to hire new examiners. With the current 

level of resources, the Office will not be 

able to meet the twelve-month 

pendency goal in prioritized 

examination applications without 

impacting the non-prioritized 

examination applications at this time. 

Therefore, the Office is delaying the 

effective date and applicability date of 

the Track I final rule until further 

notice. When the funding limitations are 

resolved, the Office will issue a 

subsequent notice identifying a revised 

effective date and applicability date on 

which the final rule shall apply. 

Dated: April 25, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–10376 Filed 4–28–11; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–HQ–OAR–2010–0293; FRL–9300–2] 

RIN–2060–AQ56 

Clarifications to Indian Tribes’ Clean 

Air Act Regulatory Requirements; 

Direct Final Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to amend certain Clean Air Act 

regulations pertaining to Indian tribes. 

This action changes the title of the 

regulations titled, ‘‘Tribal Clean Air Act 

Authority’’ to the more accurate ‘‘Indian 

Country: Air Quality Planning and 

Management.’’ The action also 

reorganizes existing sections for better 

placement within the regulations. 

DATES: The direct final rule is effective 

on July 28, 2011 without further notice, 

unless EPA receives relevant adverse 

comments by May 31, 2011. If EPA 

receives relevant adverse comments, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the amendments in this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0293, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Indian Country: Air Quality 

Planning and Management Docket, 

Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2010– 

0293. The 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 


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information whose disclosure is 

restricted by statute. Do not submit 

information 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 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends 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 or 

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 form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Indian Country: Air Quality 

Planning and Management Docket, EPA/ 

DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Darrel Harmon, Office of Air and 

Radiation (OAR/IO 6101A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

564–7416, facsimile number (202) 501– 

0394; electronic mail (e-mail) address: 

harmon.darrel@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Why is EPA using a direct final rule? 

II. What is the purpose of this action? 

III. Why is this action needed? 

IV. Where can I get a copy of this document? 

V. What should I consider as I prepare my 

comments for EPA? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Why is EPA using a direct final rule? 

The EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this as a noncontroversial action and anticipate no 

adverse comments. This action does not 

make changes to any requirements; the 

action simply renames the existing 40 

CFR Part 49 to more accurately reflect 

its purpose and relocates existing 

sections for better organization within 

the part. Any parties interested in 

commenting must do so at this time. 

Because this is an amendment of 

regulatory language through rulemaking, 

a redline version of the regulatory 

language has been created and has been 

placed in the docket. (http:// 

www.regulations.gov, see docket 

number EPA–HQ–OAR–2010–0293) to 

aid the public’s ability to comment. For 

further information about commenting 

on the rule, see the ADDRESSES section 

of this document. If EPA receives 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public the 

amendments in this direct final rule will 

not take effect. We will address any 

comments received in a subsequent 

final rule based on the proposed rule. 

II. What is the purpose of this action? 

The purpose of this action is to (1) 

retitle 40 CFR Part 49 ‘‘Tribal Clean Air 

Act Authority’’ to the more accurate 

‘‘Indian Country: Air Quality Planning 

and Management,’’ and (2) relocate three 

existing sections from Subpart A, which 

is intended to include only general 

tribal authority-related provisions, to 

Subpart L, which includes provisions 

specific to implementation plans for 

tribes located in EPA Region IX. The 

three sections that will be moved from 

40 CFR part 49 subpart A to Subpart L 

are § 49.22 Federal Implementation Plan 

for Tri-cities Landfill, Salt River PimaMaricopa Indian Community (will 

become § 49.5511), § 49.23 Federal 

Implementation Plan Provisions for 

Four Corners Power Plant, Navajo 

Nation (will become § 49.5512), and 

§ 49.24 Federal Implementation Plan 

Provisions for Navajo Generating 

Station, Navajo Nation (will become 

§ 49.5513). Sections 49.22, 49.23, and 

49.24 will be reserved in the event new 

general tribal authority-related 

provisions are promulgated in the 

future. 

III. Why is this action needed? 

This rule is needed to provide 

regulatory clarity to Indian tribes. The 

change in the title of the part from 

‘‘Tribal Clean Air Act Authority’’ to the 

more accurate ‘‘Indian Country: Air 

Quality Planning and Management’’ is 

needed because the current title 

suggests the part only includes 

requirements applicable to the granting 

of authority to tribes under the Clean 

Air Act. While the title was appropriate 

when Part 49 was originally 

promulgated, since then other 

regulations not relating to tribal 

authority have been added to the part 

such that the title is no longer broad 

enough to encompass the entire scope of 

these regulations. ‘‘Indian Country: Air 

Quality Planning and Management’’ is a 

broader, more accurate title which 

identifies the Part 49 regulations as 

relating more generally to the planning 

and management of air quality in Indian 

country. It has been long recognized by 

EPA Headquarters (HQ) and Regions the 

title did not fully illustrate the context 

of the rule and could be misread. For 

this reason, EPA HQ and Regions have 

an interest in changing the title to 

reduce any confusion. This change will 

also enable tribes to more easily 

recognize the Clean Air Act regulation 

that affects them. 

The rule also moves sections 49.22, 

49.23 and 49.24 out of Subpart A, which 

is intended to include provisions 

relating generally to tribal authority 

regardless of the EPA Region in which 

a tribe is located, to Subpart L, 

Implementation Plans for Tribes in 

Region IX, such that all implementation 

plan provisions that apply specifically 

to Region IX tribes are located together. 

IV. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this final 


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23878 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations 

action will also be available on the 

Worldwide Web (WWW) through the 

Technology Transfer Network (TTN). 

Following signature, a copy of this final 

action will be posted on the TTN’s 

policy and guidance page for newly 

proposed or promulgated rules at the 

following address: http://www.epa.gov/ 

ttn/oarpg/. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

V. What should I consider as I prepare 

my comments for EPA? 

Do not submit information containing 

CBI to EPA through http:// 

www.regulations.gov or e-mail. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), Office of Air Quality 

Planning and Standards, Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, Attention 

Docket ID No. EPA–HQ–OAR–2010– 

0293. Clearly mark the part or all of the 

information you claim to be CBI. For 

CBI information in a disk or CD ROM 

that you mail to EPA, mark the outside 

of the disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR Part 2. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is, 

therefore, not subject to review under 

the Executive Orders 12866 and 13563 

(76 FR 3821, January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. These 

amendments do not result in changes to 

the information collection requirements 

of the existing regulations and will have 

no impact on the information collection 

estimate of projected cost and hour 

burden made and approved by the 

Office of Management and Budget 

(OMB) during the development of the 

existing regulations. However, the 

Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in the existing regulations (40 

CFR Part 49) under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control numbers (2060–0306 and 2060– 

0558). The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR Part 9. Therefore, the 

information collection requests have not 

been amended. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the Agency certifies 

the rule would not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For the purposes of assessing the 

impacts of this rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administration’s regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule will not impact small entities 

due to the fact these amendments 

simply rename the title and reorganize 

existing sections for better placement 

within the regulation. There are no 

substantive changes to the regulation. 

Small entities will not incur any adverse 

impacts as a result of this rule because 

this action does not create any new 

requirements or burdens. No costs are 

associated with these amendments. 

D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for state, local, 

and tribal governments, in the aggregate, 

or to the private sector in any one year. 

This direct final rule is not expected to 

impact state, local, or tribal 

governments. Thus, this rule is not 

subject to the requirements of sections 

202 and 205 of the Unfunded Mandates 

Reform Act (UMRA). 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

These amendments simply rename the 

title and move subparts to fit more 

appropriately in later subparts. There 

are no substantive changes to the 

regulation. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will 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. This direct final 

rule does not impose any requirements 

on state and local governments. Thus, 

Executive Order 13132 does not apply 

to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 6, 

2000). These amendments do not 

impose requirements on tribal 

governments. This direct final action 

will not have tribal implications and we 

received no adverse comments when the 

proposed changes were presented to the 

National Tribal Air Association (NTAA) 

in March 2010. Tribes at the meeting 

supported these proposed changes; thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern health or safety risks, such that 

the analysis required under section 

5–501 of the Executive Order has the 

potential to influence the regulation. 

This action is not subject to Executive 

Order 13045 because it does not have a 

substantive impact on existing 

regulations, and does not create any 

new requirements. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 


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Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations 23879 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA), Public Law 104–113 (15 

U.S.C. 272 note) directs EPA to use 

voluntary consensus standards in its 

regulatory activities, unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined this direct 

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. These amendments 

simply rename the title and move 

subparts to fit more appropriately in 

later subparts. There are no substantive 

changes to the regulation. 

K. Congressional Review Act 

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 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing these 

amendments 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 

amendments 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). This 

direct final rule will be effective on July 

28, 2011. 

List of Subjects in 40 CFR Part 49 

Environmental protection, Air 

pollution, Indians—lands, Indians— 

tribal government. 

Dated: April 22, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, Title 40, Chapter I, Part 49 of 

the Code of Federal Regulations is 

amended as follows: 

PART 49—[AMENDED] 

■ 1. The authority citation for Part 49 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

PART 49—INDIAN COUNTRY: AIR 

QUALITY PLANNING AND 

MANAGEMENT 

■ 2. Revise the part heading for part 49 

as set forth above. §§ 49.22–49.24 

[Redesignated] 

■ 3. Redesignate § 49.22 in subpart A as 

§ 49.5511 in subpart L. 

■ 4. Redesignate § 49.23 in subpart A as 

§ 49.5512 in subpart L. 

■ 5. Redesignate § 49.24 in subpart A as 

§ 49.5513 in subpart L. 

■ 6. Add and reserve new §§ 49.22– 

49.24 in subpart A. 

[FR Doc. 2011–10321 Filed 4–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0729; FRL–9299–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Removal of Vehicle Inspection and 

Maintenance Programs for Clark and 

Floyd Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a State Implementation Plan 

(SIP) revision submitted by the State of 

Indiana to allow the State to discontinue 

the vehicle inspection and maintenance 

(I/M) program in Clark and Floyd 

Counties, IN, the Indiana portion of the 

Louisville (IN–KY) 1997 8-hour ozone 

area. The revision specifically provides 

that I/M program regulations be 

removed from the active control 

measures portion of the SIP. The 

regulations will remain in the 

contingency measures portion of the 

Clark and Floyd Counties ozone 

maintenance plans. EPA is approving 

Indiana’s request because the State has 

demonstrated that discontinuing the I/M 

program in Clark and Floyd Counties 

will not interfere with the attainment 

and maintenance of the 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) or with the attainment and 

maintenance of other air quality 

standards and requirements of the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

May 31, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2009–0729. 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., Confidential Business Information 

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 Francisco J. Acevedo at 

(312) 886–6061 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 


srobinson on DSKHWCL6B1PROD with RULES