Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules 3423 

unless the actions required by paragraph 

(g)(1) of this AD have been done. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Where the MCAI includes a compliance 

time of ‘‘5 days,’’ we have determined that a 

compliance time of ‘‘within 14 days after the 

effective date of the AD’’ is appropriate. The 

manufacturer and EASA agree with this 

expansion in compliance time. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, Transport Airplane 

Directorate, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Send 

information to ATTN: Vladimir Ulyanov, 

Aerospace Engineer, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1138; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI Airworthiness Directive 

2009–0202–E, dated September 21, 2009, and 

corrected September 22, 2009; and the 

service information specified in Table 1 of 

this AD; for related information. 

Issued in Renton, Washington, on 

December 30, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1044 Filed 1–20–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R10–OAR–2009–0799; FRL–9095–7] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to include 

in the regulations the revised 

applicability dates in the emissions user 

fees provision in 18 AAC 50.410. 

Requirements applying to Outer 

Continental Shelf (‘‘OCS’’) sources 

located within 25 miles of States’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (‘‘COA’’), as mandated by 

section 328(a)(1) of the Clean Air Act 

(‘‘the Act’’). The portion of the OCS air 

regulations that is being updated 

pertains to the emission user fee 

requirements for OCS sources operating 

off of the State of Alaska. The intended 

effect of approving the OCS 

requirements for the State of Alaska is 

to regulate emissions from OCS sources 

in a manner consistent with the 

requirements onshore. The change to 

the existing requirements discussed 

below is incorporated by reference into 

the regulations and is listed in the 

appendix to the OCS air regulations. 

DATES: Written comments must be 

received on or before February 22, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R10–OAR–2009–0799, by one of the 

following methods: 

A. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments; 

B. E-Mail: greaves.natasha@epa.gov; 

C. Mail: Natasha Greaves, Federal and 

Delegated Air Programs Unit, U.S. 

Environmental Protection Agency, 

Region 10, 1200 Sixth Avenue, Suite 

900, Mail Stop: AWT–107, Seattle, WA 

98101; 

D. Hand Delivery: U.S. Environmental 

Protection Agency Region 10, Attn: 

Natasha Greaves (AWT–107), 1200 Sixth 

Avenue, Seattle, Washington 98101, 9th 

Floor. Such deliveries are only accepted 

during normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

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: 

Natasha Greaves, Federal and Delegated 

Air Programs Unit, Office of Air, Waste, 

and Toxics, U.S. Environmental 

Protection Agency, Region 10, 1200 

Sixth Avenue, Suite 900, Mail Stop: 

AWT–107, Seattle, WA 98101; 

telephone number: (206) 553–7079; email address: greaves.natasha@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

direct final action, of the same title, 

which is located in the Rules section of 

this Federal Register. EPA is 

incorporating 18 AAC 50.410 as 

amended through June 18, 2009 as a 

direct final rule without prior proposal 

because EPA views this as 

noncontroversial and anticipates no 

adverse comments. A detailed rationale 

for the approval is set forth in the 

preamble to the direct final rule. If EPA 

receives no adverse comments, EPA will 

not take further action on this proposed 

rule. 

If EPA receives adverse comments, 

EPA will withdraw the direct final rule 

and it will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if we receive adverse 

comments 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. 

Administrative Requirements 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore air control 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 42 

U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, 

in promulgating OCS consistency 

updates, EPA’s role is to maintain 

consistency between OCS regulations 

and the regulations of onshore areas, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with requirements onshore, without the 

exercise of policy discretion by EPA. 

For that reason, this action: 

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3424 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules 

• 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); 

• 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 it does 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, 

nor does it impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. 

Under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., an agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

OMB has approved the information 

collection requirements contained in 40 

CFR part 55 and, by extension, this 

update to the rules, and has assigned 

OMB control number 2060–0249. Notice 

of OMB’s approval of EPA Information 

Collection Request (‘‘ICR’’) No. 1601.07 

was published in the Federal Register 

on February 17, 2009 (74 FR 7432). The 

approval expires January 31, 2012. As 

EPA previously indicated (70 FR 65897– 

65898 (November 1, 2005)), the annual 

public reporting and recordkeeping 

burden for collection of information 

under 40 CFR part 55 is estimated to 

average 549 hours per response, using 

the definition of burden provided in 44 

U.S.C. 3502(2). 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: December 14, 2009. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2010–1108 Filed 1–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R1–ES–2008–0095;13410–1113– 

0000–C5] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To Remove the Marbled 

Murrelet (Brachyramphus marmoratus) 

From the List of Endangered and 

Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12-month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service or USFWS), 

announce a 12-month finding on a 

petition to remove the Washington/ 

Oregon/California population of the 

marbled murrelet (Brachyramphus 

marmoratus) (murrelet) from the 

Federal List of Endangered and 

Threatened Wildlife (List) pursuant to 

the Endangered Species Act of 1973, as 

amended (ESA) (16 U.S.C. 1531 et seq.). 

Based on a thorough review of the best 

scientific and commercial data 

available, we find that the Washington/ 

Oregon/California population of the 

murrelet is a valid distinct population 

segment (DPS) in accordance with the 

discreteness and significance criteria in 

our 1996 DPS policy. Furthermore, we 

find that this DPS continues to be 

subject to a broad range of threats, such 

as nesting habitat loss, habitat 

fragmentation, and predation. Although 

some threats, such as gillnet bycatch 

and lack of regulatory mechanisms, 

have been reduced since the murrelet’s 

1992 listing, the primary threats to the 

species’ persistence continue. 

Furthermore, the species faces newly 

identified threats, such as abandoned 

fishing gear, harmful algal blooms, and 

observed changes in the quality of the 

bird’s marine food supply. Population 

surveys conducted from 2000 through 

2008 from San Francisco Bay to the 

Canadian border document a population 

decline during this period. Given our 

current understanding of the species’ 

population size and trajectory, and in 

light of the scope and magnitude of 

existing threats, we conclude that the 

species continues to meet the definition 

of a threatened species under the ESA. 

Therefore, we have determined that 

removing the murrelet from the List is 

not warranted. 

DATES: The finding announced in this 

document was made on January 21, 

2010. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov at Docket Number 

[FWS–R1–ES–2008–0095]. Supporting 

documentation we used in preparing 

this notice will be available for public 

inspection, by appointment, during 

normal business hours at the U.S. Fish 

and Wildlife Service, Washington Fish 

and Wildlife Office, 510 Desmond 

Drive, SE., Suite 102, Lacey, WA 98503, 

(360) 753–9440; (360) 753–9405 fax. 

New information, materials, comments, 

or questions concerning this species 

may be submitted to the Service at the 

above address. 

FOR FURTHER INFORMATION CONTACT: Ken 

Berg, Field Supervisor, U.S. Fish and 

Wildlife Service, Washington Fish and 

Wildlife Office, (see ADDRESSES section). 

If you use a telecommunications device 

for the deaf (TDD), you may call the 

Federal Information Relay Service 

(FIRS) at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4 of the ESA (16 U.S.C. 1533 

et seq.) and implementing regulations 

(50 CFR part 424) set forth procedures 

for adding species to, removing species 

from, or reclassifying species on the 

Federal List of Endangered and 

Threatened Wildlife. Section 4(b)(3)(A) 

of the ESA requires that, for any petition 

containing substantial scientific and 

commercial information that listing, 

delisting, or reclassification may be 

warranted, we make a finding within 12 

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