Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 8753 

Approved: February 11, 2009. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

[FR Doc. E9–4095 Filed 2–25–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0129] 

RIN 1625–AA00 

Safety Zone; Baltimore Captain of the 

Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

all navigable waters of the Captain of 

the Port Baltimore zone. The temporary 

safety zone restricts vessels from 

transiting the zone during the effective 

period, unless authorized by the Captain 

of the Port Baltimore, or his designated 

representative. This safety zone is 

necessary to protect mariners from the 

hazards associated with ice in the 

navigable waterway. 

DATES: This rule is effective from 

January 17, 2009 until April 15, 2009. 

Comments and related material must 

either be submitted to our online docket 

via http://www.regulations.gov on or 

before March 30, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–0129 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call Ronald L. Houck, 

Waterways Management Division, at 

410–576–2674 or 2693. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting comments: 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0129), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–0129’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change this rule based on your 

comments. 

Viewing comments and documents: 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2008–0129 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 

of the Department of Transportation 

West Building, 1200 New Jersey Avenue 

SE., Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays; or the 

Commander, U. S. Coast Guard Sector 

Baltimore, 2401 Hawkins Point Road, 

Building 70, Baltimore, Maryland, 

21226–1791, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act, system of records notice regarding 

our public dockets in the January 17, 

2008 issue of the Federal Register (73 

FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because any 

delay encountered in this regulation’s 

effective date by publishing a NPRM 

would be contrary to public interest. 

Immediate action is needed to mitigate 

the potential safety hazards associated 

with ice in the navigable waterway to 

life and property. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

8754 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 

days after publication in the Federal 

Register. Due to the unexpected nature 

and growth of ice formation in the 

Upper Chesapeake Bay and its 

tributaries and the Chesapeake and 

Delaware (C & D) Canal, the safety zone 

is necessary to protect life and property. 

Therefore a 30-day notice is 

impracticable. 

Background and Purpose 

During a moderate or severe winter, 

frozen waterways present numerous 

hazards to vessels. Ice in a waterway 

may hamper a vessel’s ability to 

maneuver, and could cause visual aids 

to navigation to be submerged, 

destroyed or moved off station. Ice 

abrasions and ice pressure could also 

compromise a vessel’s watertight 

integrity, and non-steel hulled vessels 

would be exposed to a greater risk of 

hull breach. 

When ice conditions develop to a 

point where vessel operations become 

unsafe, it becomes necessary to impose 

operating restrictions to ensure the safe 

navigation of vessels. A safety zone is a 

tool available to the Captain of the Port 

(COTP) to restrict and manage vessel 

movement when hazardous conditions 

exist. The COTP Baltimore is 

establishing a safety zone within all 

navigable waters of the COTP Baltimore 

zone that will restrict access to certain 

vessels meeting certain conditions 

specified. Those vessels prohibited from 

entering the safety zone will be notified 

via broadcast notice to mariners and 

marine safety information bulletins. 

Ice generally begins to form in the 

Upper Chesapeake Bay and its 

tributaries, including the C & D Canal, 

in late December or early January. 

During a moderate or severe winter, ice 

in navigable waters can become a 

serious problem, requiring the use of 

federal, state and private ice breaking 

resources. The Commander, Coast 

Guard Sector Baltimore will use his 

COTP authority to promote vessel safety 

in ice-congested waters and the 

continuation of waterborne commerce 

throughout the cold weather months. 

Ice fields in the Upper Chesapeake 

Bay and its tributaries move with 

prevailing winds and currents. Heavy 

ice buildups can occur in the C & D 

Canal, from Town Point Wharf to Reedy 

Point. Other areas that are commonly 

affected by high volumes of ice are, the 

Elk River, Susquehanna River, Patapsco 

River, Nanticoke River, Wicomico River, 

Tangier Sound, Pocomoke River and 

Sound, and the Potomac River. Once ice 

buildup begins it can affect the transit 

of large ocean-going vessels. This 

regulation is intended to mitigate the 

threat ice in the COTP Baltimore zone 

poses to the maritime public. 

Discussion of Rule 

A safety zone is being established 

encompassing the COTP Baltimore 

Zone, as described in 33 CFR 3.25–15. 

The Captain of the PORT Baltimore 

anticipates only having to enforce 

certain parts of the regulated area at 

certain times. The purpose of this 

regulation is to promote maritime safety, 

and to protect mariners transiting the 

area from the potential hazards due to 

ice conditions that become a threat to 

navigation. The COTP will notify the 

maritime community, via marine 

broadcasts, of the location and thickness 

of the ice as well as the ability of vessels 

to transit through the safety zone 

depending on the prevailing ice 

conditions. Prevailing ice conditions 

will be categorized as Condition One, 

Condition Two, or Condition Three. 

Ice Condition One is an emergency 

condition in which ice has largely 

covered the regulated area. Under these 

conditions, convoys may be required 

and restrictions based on shaft 

horsepower and vessel transit may be 

imposed by the COTP on certain vessels 

seeking to enter the safety zone. 

Ice Condition Two is an alert 

condition in which at least 2 inches of 

ice begins to form in the regulated area. 

The COTP Baltimore may impose 

restrictions, including but not limited 

to, those based on shaft horsepower and 

hull type restrictions for certain vessels 

seeking to enter the safety zone. 

Ice Condition Three is a readiness 

condition in which weather conditions 

are favorable for the formation of ice in 

the regulated area. Daily reports for the 

Coast Guard Stations and commercial 

vessels are monitored, and no 

limitations for vessels seeking to enter 

the zone based on vessel traffic, hull 

type or shaft horsepower are 

anticipated. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. Although this regulation 

prevents traffic from transiting the 

COTP Baltimore Zone, the effect of this 

regulation will not be significant 

because there is little vessel traffic 

associated with recreational boating and 

commercial fishing during the effective 

period. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 

5 U.S.C. 605(b) that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to operate, transit or 

anchor in the regulated area, from 

January 17, 2009 until April 15, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities due 

to a lack of seasonal vessel traffic 

associated with recreational boating and 

commercial fishing during the effective 

period. Although the safety zone will 

apply to the entire COTP Baltimore 

Zone, the Captain of the PORT 

Baltimore anticipates only having to 

enforce certain parts of the regulated 

area at certain times. Traffic will be 

allowed to pass through the zone with 

the permission of the COTP Baltimore. 

Also, the COTP will notify the maritime 

community, via marine broadcasts, of 

the location and thickness of the ice, as 

well as the ability of vessels to transit 

through the safety zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 8755 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

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

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. This rule establishes a 

safety zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination will be available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add a new temporary § 165.T05– 

0129 to read as follows: 

§ 165.T05–0129 Safety zone; Baltimore 

Captain of the Port Zone. 

(a) Regulated Area. The following area 

is a safety zone: The navigable waters of 

the Captain of the Port Baltimore Zone, 

as described in 33 CFR 3.25–15. 

(b) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23(d) of this part. 

(1) Vessels are prohibited from 

entering into or moving within the 

safety zone unless they meet the 

requirements set forth by the Captain of 

the Port (COTP) Baltimore for the 

prevailing ice conditions. Requirements 

for entry during periods when the safety 

zone is enforced will be described via 

Marine Safety Radio Broadcast on VHF– 

FM marine band radio, channel 22A 

(157.1 MHZ). Requirements may 

include, but are not limited to, the use 

of convoys, and restrictions on shaft 

horsepower, and hull type restrictions, 

and will depend on the prevailing 

conditions and vessel type. 

(2) Persons desiring to transit in the 

safety zone not meeting the 

requirements established by the COTP 

Baltimore must contact the COTP 

Baltimore or his designated 

representative at telephone number 

410–576–2693 or on VHF–FM channel 

16 (156.8 MHZ) to seek permission prior 

to transiting the area. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

8756 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 

COTP Baltimore or his designated 

representative. 

(3) The Coast Guard vessels enforcing 

this safety zone can be contacted on 

VHF–FM marine band radio channel 16 

(156.8 MHZ). Upon being hailed by a 

U.S. Coast Guard vessel, or other 

Federal, State, or local agency vessel, by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. The COTP 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693. 

(4) The COTP Baltimore or his 

designated representative will notify the 

public of any changes in the status of 

this safety zone by Marine Safety Radio 

Broadcast on VHF–FM marine band 

radio channel 22A (157.1 MHZ). 

(d) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the safety zone 

described in paragraph (b) of this 

section. 

(e) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zones by Federal, 

State and local agencies. 

(f) Enforcement period. This section 

will be enforced from January 17, 2009 

until April 15, 2009. 

Dated: January 17, 2009. 

Austin J. Gould, 

Commander, U.S. Coast Guard, Captain of 

the Port, Baltimore, Maryland, Acting. 

[FR Doc. E9–4067 Filed 2–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R04–OAR–2008–0605; FRL–8769–5] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Florida 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: On December 31, 2008, EPA 

published a document finalizing the 

update of the Florida Outer Continental 

Shelf (OCS) Air Regulations. That 

document inadvertently listed the 

incorrect filing action date for petitions 

for judicial review. This document 

corrects that inadvertent error. 

DATES: Effective Date: This rule is 

effective on February 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Permit Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can also be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

making a correction to the document 

published on December 31, 2008 (73 FR 

78196), finalizing the update of the 

Florida OCS Air Regulations. EPA made 

an inadvertent error on page 78197, 

column 2, last full paragraph. This 

paragraph begins with the phrase, 

‘‘Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 17, 2008’’. This 

date does not correctly allow for the 60 

day filing period. EPA is now correcting 

the date on page 78197, column 2, last 

full paragraph by replacing it with the 

following date: ‘‘March 1, 2009’’. 

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

Dated: January 20, 2009. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–4123 Filed 2–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2004–0083; FRL–8774–1] 

RIN 2060–AM71 

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Electric Arc Furnace 

Steelmaking Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On December 1, 2008, EPA 

issued direct final amendments to the 

national emission standards for 

hazardous air pollutants (NESHAP) for 

Electric Arc Furnace Steelmaking 

Facilities. These amendments were 

issued as a direct final rule, along with 

a parallel proposal to be used as the 

basis for final action in the event EPA 

received any adverse comments on the 

direct final amendments. Because an 

adverse comment was received, EPA is 

withdrawing the direct final rule. 

DATES: As of February 26, 2009, EPA 

withdraws the direct final rule 

published at 73 FR 72727 on December 

1, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2004–0083. All 

documents in the docket are listed in 

the Federal Docket Management System 

index at http://www.regulations.gov. 

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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

Electric Arc Furnace Steelmaking 

Facilities 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: Mr. 

Phil Mulrine, Sector Policies and 

Programs Division, Office of Air Quality 

Planning and Standards (D243–02), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, telephone number: (919) 541– 

5289; fax number: (919) 541–3207; email address: mulrine.phil@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

December 1, 2008, we published a direct 

final rule (73 FR 72727) and a parallel 

proposal (73 FR 72756) amending the 

NESHAP for Electric Arc Furnace 

Steelmaking Facilities (40 CFR part 63, 

subpart YYYYY). These amendments 

were issued as a direct final rule, along 

with a parallel proposal to be used as 

the basis for final action in the event 

EPA received any adverse comments on 

the direct final amendments. We stated 

in that direct final rule that if we 

received adverse comment by December 

31, 2008, we would publish a timely 

withdrawal in the Federal Register. 

Because an adverse comment was 

received, EPA is withdrawing the direct 

final rule published at 73 FR 72727 on 

December 1, 2008 as of February 26, 

2009. We will address the adverse 

comment in a subsequent final action