Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 18995 

main drums of adequate power operated 

winches. 

(4) All lines shall be led through a 

type of fairlead acceptable to the 

Manager and the Corporation. 

(b) Unless otherwise permitted by the 

officer the following table sets out the 

requirements for the location of 

fairleads or closed chocks for ships of 

100 m or more in overall length: 

TABLE

Overall length of ships For mooring lines Nos. 1 and 2 For mooring lines Nos. 3 and 4 

100 m or more but not more than 180 m .......... Shall be at a location on the ship side where 

the beam is at least 90% of the full beam of 

the vessel.

Shall be at a location on the ship side where 

the beam is at least 90% of the full beam of 

the vessel. 

More than 180 m but not more than 222.5 m .... Between 20 m & 50 m from the stern ............. Between 20 m & 50 m from the stern.

■ 7. Revise § 401.38 to read as follows: 

§ 401.38 Limit of approach to a lock. 

A vessel approaching a lock shall 

comply with directions indicated by the 

signal light system associated with the 

lock and in no case shall its stem pass 

the designated limit of approach sign 

while a red light or no light is 

displayed. 

■ 8. In § 401.75, add a new paragraph (c) 

to read as follows: 

§ 401.75 Payment of tolls. 

* * * * * 

(c) Fees for Seaway arranged security 

guard in compliance with Transport 

Canada Security regulations shall be 

paid in Canadian funds within 30 days 

of billing. 

■ 9. In § 401.81 paragraph (a) is revised 

to read as follows: 

§ 401.81 Reporting an accident. 

(a) Where a vessel on the Seaway is 

involved in an accident or a dangerous 

occurrence, the master of the vessel 

shall report the accident or occurrence, 

pursuant to the requirements of the 

Transportation Safety Board 

Regulations, to the nearest Seaway 

station and Transport Canada Marine 

Safety or U.S. Coast Guard office as soon 

as possible and prior to departing the 

Seaway system. 

* * * * * 

■ 10. In § 401.96 paragraph (e) is revised 

to read as follows: 

§ 401.96 Definitions. 

* * * * * 

(e) Wintering vessel means a vessel 

that enters the Seaway upbound after a 

date designated each year by the 

Corporation and the Manager and 

transits above Iroquois Lock. 

■ 11. In § 401.97, the heading and 

paragraphs (f) introductory text and 

(f)(2) are revised to read as follows: 

§ 401.97 Closing procedures and ice 

navigation. 

* * * * * 

(f) Where ice conditions restrict 

navigation, 

* * * * * 

(2) No downbound vessel that has a 

power to length ratio of less than 15:1 

(kW/meter) and a forward draft of less 

than 25 dm shall transit between the St. 

Lambert Lock and the Iroquois Lock of 

the Montreal-Lake Ontario Section of 

the Seaway and CIP 15 and CIP 16 of the 

Welland Canal. 

Issued at Washington, DC, on April 16, 

2009. 

Saint Lawrence Seaway Development 

Corporation. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. E9–9233 Filed 4–24–09; 8:45 am] 

BILLING CODE 4910–61–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0502; FRL–8783–5] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions were 

proposed in the Federal Register on July 

30, 2008 and concern oxides of nitrogen 

(NOx) emissions from gaseous- and 

liquid-fueled internal combustion 

engines. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on May 27, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2008–0502 for 

this action. The index to the docket 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: 

Francisco Do ́n ̃ ez, EPA Region IX, (213) 

244–1834, Donez.Francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 30, 2008 (73 FR 44204), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ........................................................ 1110.2 Gaseous- and Liquid-Fueled Internal Combustion Engines.02/01/08 05/20/08 


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18996 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received comments from the 

following parties. 

1. Charles Humphrey, Jr., Sempra 

Energy Utilities (SEU); letter dated 

August 29, 2008 and received August 

29, 2008. 

2. B. Sachau; e-mail message dated 

July 30, 2008 and received July 30, 

2008. 

3. U.S. Citizen (anonymous); web 

comment submitted July 31, 2008. 

The comments and our responses are 

summarized below. 

Comment #1: Rule 1110.2, subsection 

(f)(1)(G), requires that portable analyzers 

be operated only by persons 

appropriately trained and certified by 

the District. However, as of the date of 

the letter, the District had not initiated 

training or certification programs for 

this purpose. If operators are unable to 

obtain this required training in a timely 

manner, they may be prevented, through 

no fault of their own, from certifying 

compliance by the end of the reporting 

year as the rule requires. (SEU) 

Response #1: This comment more 

regards how Rule 1110.2 is 

implemented in the near term rather 

than the requirements of the rule. The 

commenter does not dispute those rule 

requirements. EPA’s proposal to 

approve Rule 1110.2 into the California 

SIP is based on the rule’s requirements 

as written, which fulfill the relevant 

CAA criteria for SIP approval. EPA 

contacted SCAQMD regarding this 

question in early October. The District 

informed us at that time that some 

training sessions had already been 

scheduled. For further questions, EPA 

recommends contacting SCAQMD 

directly, or referring to the District’s rule 

support documents at http:// 

www.aqmd.gov/rules/support.html. See 

also response #3. 

Comment #2: Rule 1110.2, subsection 

(f)(1)(C), requires that source testing 

shall be conducted in accordance with 

a District-approved source test protocol. 

However, as of the comment letter date 

the District had yet to issue written 

approval of the source test protocols 

that SEU submitted for its engines. 

Therefore, SEU may not be able to 

perform the required source tests before 

the Rule 1110.2 deadline, putting the 

affected engines at risk of violating the 

rule. (SEU) 

Response #2: In a conversation in 

early October, SCAQMD assured us that 

if for some reason the District is unable 

to act on the submitted source test 

protocols in a timely manner, they 

would extend the relevant deadlines. 

Also see Response #1 and Response #3. 

Comment #3: By being constrained 

from fulfilling certain rule requirements 

in a timely manner (as in Comments #1 

and #2 above), Title V facilities with 

engines regulated by Rule 1110.2 risk 

not being able to certify compliance for 

the period ending December 31, 2008. 

This problem could have significant 

repercussions for facilities, including 

leaving them susceptible to citizen 

lawsuits alleging violations of their Title 

V permits. Similarly, affected 

companies may not be able to provide 

a New Source Review (NSR) 

certification for a given Title V facility. 

We request that EPA consider these 

Title V compliance issues if amended 

Rule 1110.2 becomes SIP-approved. 

(SEU) 

Response #3: EPA acknowledges this 

concern and recognizes that sources 

may depend on District action in order 

to fully comply with the rule. Although 

these rule implementation issues do not 

affect our decision to approve Rule 

1110.2, we are willing to work with 

SCAQMD to reasonably resolve 

concerns with related Title V permitting 

requirements. 

The other comments received did not 

relate to our proposal to approve Rule 

1110.2, and are therefore not addressed 

here. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rule complies with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving this rule 

into the California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 Clean Air Act; 

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. 

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 the 

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 


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Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 18997 

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 June 26, 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: March 2, 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 and reserving paragraph (c)(359) 

and by adding paragraph (c)(360) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(359) [Reserved] 

(360) New and amended regulations 

were submitted on May 20, 2008 by the 

Governor’s designee. 

(i) Incorporation by Reference. 

(A) South Coast Air Quality 

Management District 

(1) Rule 1110.2, ‘‘Gaseous- and 

Liquid-Fueled Internal Combustion 

Engines, adopted on August 3, 1990 and 

amended February 1, 2008. 

[FR Doc. E9–9436 Filed 4–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R08–RCRA–2009–0212; FRL–8895–7] 

Montana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize States to operate their 

hazardous waste management programs 

in lieu of the federal program. Montana 

has applied to EPA for Final 

authorization of the changes to its 

hazardous waste program under the 

RCRA. EPA has determined that these 

changes satisfy all requirements needed 

to qualify for final authorization, and is 

authorizing the State’s changes through 

this immediate final action. 

DATES: This final authorization will 

become effective on June 26, 2009 

unless EPA receives adverse written 

comment by May 27, 2009. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the immediate 

final rule in the Federal Register 

informing the public that this 

authorization will not take effect. 

ADDRESSES: Submit your comments, 

identified by EPA–R08–RCRA–2009– 

0212, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: cosentini.christina@epa.gov. 

• Fax: (303) 312–6341. 

• Mail, Hand Delivery or Courier: 

Deliver your comments to Christina 

Cosentini, Solid and Hazardous Waste 

Program, EPA Region 8, Mailcode 8P– 

HW, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Courier or hand 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The public is advised to call 

in advance to verify the business hours. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–RCRA–2009– 

0212. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected from disclosure through 

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

The federal Web site http:// 

www.regulations.gov 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 that 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information 

may not be 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. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy 

from 9 a.m. to 4 p.m., at: EPA Region 

8, 1595 Wynkoop Street, Denver, 

Colorado, contact: Christina Cosentini, 

phone number (303) 312–6231, or the 

Montana Department of Environmental 

Quality, from 9 a.m. to 4 p.m., Metcalf 

Building, 1520 East Sixth Avenue, 

Helena, Montana 59620, contact: Robert 

Martin, phone number (406) 444–4194. 

The public is advised to call in advance 

to verify business hours. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini, 303–312–6231, 

cosentini.christina@epa.gov or Robert 

Martin, 406–444–4194, rmartin@mt.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States that have received final 

authorization from EPA under RCRA 


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