9958 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 

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 because this temporary 

rule establishes a safety zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination are 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, and 

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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165–T11–149 to 

read as follows: 

§ 165–T11–149 Safety Zone; Coast Guard 

Air Station San Francisco Airborne Use of 

Force Judgmental Training Flights. 

(a) Location. This temporary safety 

zone is established for the navigable 

waters of the San Pablo Bay, from the 

surface to the seafloor, defined by 

enclosing an area between the following 

points: 38°05′11′′ N, 122°22′10′′ W; 

38°03′44′′ N, 122°20′12′′ W; 38°00′41′′ N, 

122°25′28′′ W; and 38°01′45′′ N, 

122°26′38′′ W (NAD 83). 

(b) Definitions. As used in this 

section, ‘‘Designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel or a 

Federal, State, or local officer assisting 

the Captain of the Port (COTP) San 

Francisco in the enforcement of the 

safety zone. 

(c) Regulations. (1) Under the general 

regulations in § 165.23 of this title, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone by contacting the Patrol 

Commander on VHF–16 or through the 

Coast Guard Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This 

temporary rule will be enforced from 9 

a.m. to 5 p.m. on February 10, 2009, and 

from 10 a.m. to 10 p.m. on March 5–6, 

9–13, and 16–20, 2009. 

Dated: February 9, 2009. 

P.M. Gugg, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco. 

[FR Doc. E9–4894 Filed 3–6–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[R08–WY–2008–0001; FRL–8770–2] 

New Source Performance Standards; 

Supplemental Delegation of Authority 

to the State of Wyoming 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Delegation of authority; 

technical amendment. 

SUMMARY: The Wyoming Department of 

Environmental Quality submitted a 

request for an updated delegation of 

authority to implement and enforce the 

Federal New Source Performance 

Standards, including one new standard 

not previously delegated. EPA’s review 

of Wyoming’s updated regulations 

determined that they contain adequate 

and effective procedures for the 

implementation and enforcement of 

these Federal standards. This action 

informs the public of the updated 

delegation to Wyoming. 

EPA is also making a technical 

amendment to update the list of 

subparts delegated to Wyoming. 

DATES: This technical amendment is 

effective on March 9, 2009. The 

delegation of authority to Wyoming 

became effective on November 26, 2008. 

ADDRESSES: Copies of documents 

relevant to this action are available for 

public inspection at the Environmental 

Protection Agency (EPA), Region 8, Air 

Program, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. EPA requests that 

if at all possible, you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the materials. You may 

view the hard copy of the materials 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Amy Platt, EPA Region 8, at (303) 312– 

6449, or Platt.Amy@epa.gov. 

SUPPLEMENTARY INFORMATION: For the 

purpose of this document, we are giving 

meaning to certain words or initials as 

follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 9959 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The words State or WY mean the 

State of Wyoming, unless the context 

indicates otherwise. 

(iv) The initials WDEQ mean the 

Wyoming Department of Environmental 

Quality. 

(v) The initials NSPS mean the 

Federal New Source Performance 

Standards, as codified in 40 CFR part 

60. 

I. Delegation of Authority 

Sections 110, 111(c)(1), and 301 of the 

Clean Air Act (CAA), as amended, 

authorize EPA to delegate authority to 

any state agency which submits 

adequate regulatory procedures for 

implementation and enforcement of the 

New Source Performance Standards 

(NSPS). The NSPS are codified in 40 

CFR part 60. Delegation confers primary 

responsibility for implementation and 

enforcement of the listed NSPS to the 

respective state agency; however, EPA 

also retains the concurrent authority to 

enforce the standards. 

With a June 13, 2008 letter, the 

Director of the Wyoming Department of 

Environmental Quality (WDEQ) 

requested delegation of authority for 

revisions to the New Source 

Performance Standards (NSPS), 

promulgated in Chapter 5, National 

Emission Standards, Section 2, New 

source performance standards, of the 

Wyoming Air Quality Standards and 

Regulations. For the most part, the 

revisions simply update the date for 

incorporation by reference of the 

Federal NSPS to those promulgated in 

40 CFR part 60 as published on July 1, 

2006. EPA’s review of the pertinent 

regulations determined that they 

contain adequate and effective 

procedures for the implementation and 

enforcement of these Federal standards. 

Therefore, on November 26, 2008, 

delegation was given to Wyoming with 

the following letter: 

Ref: 8P–AR 

John V. Corra, Director, Wyoming 

Department of Environmental Quality, 122 

West 25th Street, Cheyenne, WY 82002. 

Re: Delegation of Clean Air Act New Source 

Performance Standards 

Dear Mr. Corra: With your June 13, 2008 

letter, the State of Wyoming submitted 

revisions to its Air Quality Standards and 

Regulations and requested, among other 

things, direct delegation to implement and 

enforce the Federal New Source Performance 

Standards (NSPS). Specifically, Wyoming Air 

Quality Standards and Regulations, Chapter 

5, National Emission Standards, Section 2, 

New source performance standards, was 

revised, and a new Section 4, Incorporation 

by reference, was created to update the 

citation for the incorporated Federal NSPS in 

40 CFR Part 60 as published on July 1, 2006, 

and to make minor administrative revisions. 

Subsequent to States adopting NSPS 

regulations, EPA delegates the authority for 

the implementation and enforcement of those 

NSPS, so long as the States’ regulations are 

equivalent to the Federal regulations. EPA 

reviewed the pertinent statutes and 

regulations of the State of Wyoming and 

determined that they provide an adequate 

and effective procedure for the 

implementation and enforcement of the 

NSPS by the State. Therefore, pursuant to 

Section 111(c) of the Clean Air Act (Act), as 

amended, and 40 CFR Part 60, EPA hereby 

delegates its authority for the implementation 

and enforcement of the NSPS to the State of 

Wyoming as follows: 

(A) Responsibility for all sources located, 

or to be located, in the State of Wyoming 

subject to the standards of performance for 

new stationary sources promulgated in 40 

CFR Part 60. The categories of new stationary 

sources covered by this delegation are all 

NSPS subparts in 40 CFR Part 60, as 

published on July 1, 2006. Note this 

delegation does not include the emission 

guidelines in subparts Cb, Cc, Cd, Ce, BBBB, 

DDDD, FFFF, and HHHH. These subparts 

require state plans, which are approved 

under a separate process pursuant to Section 

111(d) of the Act. 

(B) Not all authorities of NSPS can be 

delegated to States under Section 111(c) of 

the Act, as amended. The EPA Administrator 

retains authority to implement those sections 

of the NSPS that require: (1) Approving 

equivalency determinations and alternative 

test methods, (2) decision-making to ensure 

national consistency, and (3) EPA rulemaking 

in order to implement. Enclosed with this 

letter is a list of examples of sections in 40 

CFR Part 60 related to the NSPS being 

delegated in this letter that cannot be 

delegated to the State of Wyoming. Please 

note that the enclosed list has been updated 

since our November 9, 2006 delegation of 

authority to implement and enforce the NSPS 

to the State of Wyoming. 

(C) The Wyoming Department of 

Environmental Quality (WDEQ) and EPA will 

continue a system of communication 

sufficient to guarantee that each office is 

always kept informed and current regarding 

compliance status of the subject sources and 

interpretation of the regulations. 

(D) Enforcement of the NSPS in the State 

will be the primary responsibility of the 

WDEQ. If the WDEQ determines that such 

enforcement is not feasible and so notifies 

EPA, or where the WDEQ acts in a manner 

inconsistent with the terms of this 

delegation, EPA may exercise its concurrent 

enforcement authority pursuant to section 

113 of the Act, as amended, with respect to 

sources within the State of Wyoming subject 

to NSPS. 

(E) The State of Wyoming will at no time 

grant a variance or waiver from compliance 

with NSPS regulations. Should WYDEQ grant 

such a variance or waiver, EPA will consider 

the source receiving such relief to be in 

violation of the applicable Federal regulation 

and initiate enforcement action against the 

source pursuant to section 113 of the Act. 

The granting of such relief by the WYDEQ 

shall also constitute grounds for revocation of 

the delegation by EPA. 

(F) If at any time there is a conflict between 

a State regulation and a Federal regulation 

(40 CFR Part 60), the Federal regulation must 

be applied if it is more stringent than that of 

the State. If the State does not have the 

authority to enforce the more stringent 

Federal regulation, this portion of the 

delegation may be revoked. 

(G) If the Regional Administrator 

determines that a State procedure for 

enforcing or implementing the NSPS is 

inadequate, or is not being effectively carried 

out, this delegation may be revoked in whole 

or part. Any such revocation shall be 

effective as of the date specified in a Notice 

of Revocation to the WDEQ. 

(H) Acceptance of this delegation of 

presently promulgated NSPS does not 

commit the State of Wyoming to accept 

delegation of future standards and 

requirements. A new request for delegation 

will be required for any standards not 

included in the State’s June 13, 2008 letter. 

(I) Upon approval of the Regional 

Administrator of EPA Region 8, the Director 

of WDEQ may sub-delegate his authority to 

implement and enforce the NSPS to local air 

pollution control authorities in the State 

when such authorities have demonstrated 

that they have equivalent or more stringent 

programs in force. 

(J) The State of Wyoming must require 

reporting of all excess emissions from any 

NSPS source in accordance with 40 CFR Part 

60.7(c). 

(K) Performance tests shall be scheduled 

and conducted in accordance with the 

procedures set forth in 40 CFR Part 60 unless 

alternate methods or procedures are 

approved by the EPA Administrator. 

Although the Administrator retains the 

exclusive right to approve equivalent and 

alternate test methods as specified in 40 CFR 

Part 60.8(b)(2) and (3), the State may approve 

minor changes in methodology provided 

these changes are reported to EPA Region 8. 

The Administrator also retains the right to 

change the opacity standard as specified in 

40 CFR Part 60.11(e). 

(L) Determinations of applicability, such as 

those specified in 40 CFR Part 60.5 and 

review of plans, as provided for in 40 CFR 

Part 60.6, shall be consistent with those 

determinations already made and reviews 

conducted by the EPA. 

(M) Alternatives to continuous monitoring 

procedures or reporting requirements, as 

outlined in 40 CFR Part 60.13(i), may be 

approved by the State only if the specific 

NSPS grants that authority. Otherwise, EPA 

retains the authority to review and approve 

such alternatives. 

(N) If a source proposes to modify its 

operation or facility which may cause the 

source to be subject to NSPS requirements, 

the State shall notify EPA Region 8 and 

obtain a determination on the applicability of 

the NSPS regulations. 

(O) Information shall be made available to 

the public in accordance with 40 CFR Part 

60.9. Any records, reports, or information 

provided to, or otherwise obtained by, the 


dwashington3 on PROD1PC60 with RULES
9960 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 

State in accordance with the provisions of 

these regulations shall be made available to 

the designated representatives of EPA upon 

request. 

(P) All reports required pursuant to the 

delegated NSPS should not be submitted to 

the EPA Region 8 office, but rather to the 

WDEQ. 

(Q) As 40 CFR Part 60 is updated, 

Wyoming should revise its regulations 

accordingly and in a timely manner and 

submit to EPA requests for updates to its 

delegation of authority. 

EPA is approving Wyoming’s request for 

NSPS delegation for all areas within the State 

except for the following: Lands within the 

exterior boundaries of the Wind River Indian 

Reservation; any lands held in trust by the 

United States for an Indian tribe; and any 

other areas which are ‘‘Indian Country’’ as 

defined in 18 U.S.C. 1151. 

Since this delegation is effective 

immediately, there is no need for the State 

to notify the EPA of its acceptance. Unless 

we receive written notice of objections from 

you within ten days of the date on which you 

receive this letter, the State of Wyoming will 

be deemed to accept all the terms of this 

delegation. To inform the public of this 

delegation, EPA will publish an information 

notice in the Federal Register in which this 

letter will appear in its entirety. 

EPA would like to take this opportunity to 

advise the State of Wyoming regarding some 

inconsistencies between its NSPS program 

and the Federal regulations. Although these 

inconsistencies have not been problematic 

from a practical standpoint, it would be best 

to clarify the language for future purposes to 

avoid any misinterpretations. Specifically, 

the State of Wyoming should revise the 

applicability provision (Chapter 5, Section 

2(d)) and the definition of ‘‘existing facility’’ 

(Chapter 5, Section 2(e)(i)) so that the 

language is consistent with the language in 

the Federal requirements. The Federal 

regulations state that an ‘‘affected facility’’ 

and ‘‘existing facility’’ are determined based 

on the time a standard is proposed rather 

than the standard’s effective date (see 40 CFR 

60.1(a), 60.2). The State should modify the 

current Wyoming applicability section, 

which refers to ‘‘construction or modification 

of which is commenced after the effective 

date’’ to be consistent with the Federal 

applicability wording, which refers to ‘‘the 

construction or modification of which is 

commenced after * * * the date of 

publication of any proposed standard 

applicable to that facility.’’ Further, the 

current Wyoming definition of ‘‘existing 

facility,’’ which refers to ‘‘construction or 

modification of which commenced before the 

effective date,’’ should be revised to mirror 

the Federal definition, which refers to 

‘‘construction or modification of which 

commenced before the proposed date.’’ EPA 

requests that the State of Wyoming provide 

confirmation that it intends to make these 

modifications in an upcoming rulemaking. 

If you have any questions on this matter, 

please contact me at (303) 312–6241 or Callie 

Videtich, Director of our Air Program, at 

(303) 312–6434, or toll-free at 1–800–227– 

8917. 

Sincerely, 

Stephen S. Tuber 

Assistant Regional Administrator, 

Office of Partnerships and Regulatory 

Assistance. 

Enclosure 

cc: Christine Anderson, WY Air Quality 

Division 

Enclosure to Letter Delegating NSPS in 40 

CFR Part 60, Effective Through July 1, 2006, 

to the State of Wyoming 

EXAMPLES OF AUTHORITIES IN 40 CFR PART 60 WHICH CANNOT BE DELEGATED

40 CFR 

subparts Section(s) 

A .................. 60.8(b)(2) and (b)(3), and those sections throughout the standards that reference 60.8(b)(2) and (b)(3); 60.11(b) and (e); and 

60.13(i). 

Da ................ 60.47Da. 

Db ................ 60.44b(f), 60.44b(g) and 60.49b(a)(4). 

Dc ................ 60.48c(a)(4). 

Ec ................ 60.56c(i), 60.8. 

J .................. 60.105(a)(13)(iii) and 60.106(i)(12). 

Ka ................ 60.114a. 

Kb ................ 60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv), and 60.116b(f)(2)(iii). 

O ................. 60.153(e). 

DD ............... 60.302(d)(3). 

GG ............... 60.332(a)(4) and 60.335(b)(10)(ii). 

VV ............... 60.482–1(c)(2) and 60.484. 

WW ............. 60.493(b)(2)(i)(A) and 60.496(a)(1). 

XX ............... 60.502(e)(6). 

AAA ............. 60.531, 60.533, 60.534, 60.535, 60.536(i)(2), 60.537, 60.538(e), and 60.539. 

BBB ............. 60.543(c)(2)(ii)(B). 

DDD ............ 60.562–2(c). 

GGG ............ 60.592(c). 

III ................. 60.613(e). 

JJJ ............... 60.623. 

KKK ............. 60.634. 

NNN ............ 60.663(f). 

QQQ ............ 60.694. 

RRR ............ 60.703(e). 

SSS ............. 60.711(a)(16), 60.713(b)(1)(i) and (ii), 60.713(b)(5)(i), 60.713(d), 60.715(a) and 60.716. 

TTT .............. 60.723(b)(1), 60.723(b)(2)(i)(C), 60.723(b)(2)(iv), 60.724(e) and 60.725(b). 

VVV ............. 60.743(a)(3)(v)(A) and (B), 60.743(e), 60.745(a) and 60.746. 

WWW .......... 60.754(a)(5). 

CCCC .......... 60.2030(c)(1) through (7). 

EEEE ........... 60.2889(b)(1) through (6). 

II. Region 8 States Delegation Status 

In 40 CFR 60.4, we publish a table for 

Region 8 states that identifies the NSPS 

subparts for which EPA has delegated 

authority to implement and enforce to 

each state. In this document, we update 

that table to reflect the NSPS subparts 

delegated to Wyoming. 

III. Summary of This Action 

This action informs the public of an 

update to the delegation of authority to 

the State of Wyoming to implement and 

enforce the Federal New Source 

Performance Standards as published in 

40 CFR part 60 on July 1, 2006. The 

letter granting delegation to the State of 

Wyoming is effective November 26, 

2008. The letter specified that the 


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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 9961 

delegation was effective immediately as 

of the signature date of the letter and 

that if the State did not agree to the 

terms of the delegation, they could 

submit a written Notice of Objection 

within 10 days of the receipt of the 

letter, and EPA would withdraw 

delegation. Wyoming submitted no such 

Notice of Objection. 

IV. Statutory and Executive Order 

Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In addition, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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 rule 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 

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 May 8, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Ammonium sulfate plants, Batteries, 

Beverages, Carbon monoxide, Cement 

industry, Chemicals, Coal, Copper, Dry 

cleaners, Electric power plants, 

Fertilizers, Fluoride, Gasoline, Glass 

and glass products, Grains, Graphic arts 

industry, Heaters, Household 

appliances, Insulation, 

Intergovernmental relations, Iron, 

Labeling, Lead, Lime, Metallic and 

nonmetallic mineral processing plants, 

Metals, Motor vehicles, Natural gas, 

Nitric acid plants, Nitrogen dioxide, 

Paper and paper products industry, 

Particulate matter, Paving and roofing 

materials, Petroleum, Phosphate, 

Plastics materials and synthetics, 

Polymers, Reporting and recordkeeping 

requirements, Sewage disposal, Steel, 

Sulfur oxides, Sulfuric acid plants, 

Tires, Urethane, Vinyl, Volatile organic 

compounds, Waste treatment and 

disposal, Zinc. 

Dated: February 24, 2009. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

■ 40 CFR part 60 is amended to read as 

follows: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. In § 60.4, amend the table in 

paragraph (c) by revising the entry for 

subpart ‘‘Dc,’’ and by adding an entry 

for subpart ‘‘EEEE’’ in alphabetical order 

to read as follows: 

§ 60.4 Address. 

* * * * * 

(c) * * * 

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS

[(NSPS) for Region VIII] 

Subpart CO MT ND SD UT WY 

* * * * * * * 

Dc—Industrial-Commercial-Institutional Steam Generators ......................................................... (*) (*) (*) (*) (*) (*) 


dwashington3 on PROD1PC60 with RULES
9962 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS—Continued 

[(NSPS) for Region VIII] 

Subpart CO MT ND SD UT WY 

* * * * * * * 

EEEE—Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced On or After 

June 16, 2006 ........................................................................................................................... .......... .......... .......... .......... .......... (*) 

* * * * * * * 

(*) Indicates approval of State regulation. 

* * * * * 

[FR Doc. E9–4794 Filed 3–6–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 00–248; FCC 08–246] 

Satellite Licensing Procedures 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

associated with Sections 25.115, 25.134, 

25.218 and 25.220 of the Commission’s 

rules, and that these rules will take 

effect as of the date of this notice. On 

November 24, 2008, the Commission 

published the summary document of the 

Report and Order, The Part 25 Earth 

Station Streamlining Eight Report and 

Order, IB Docket No. 00–248, FCC 08– 

246, at 73 FR 70897. The Report and 

Order stated that the Commission will 

publish a notice in the Federal Register 

announcing when OMB approval for the 

rule sections which contain information 

collection requirements has been 

received and when the revised rules 

will take effect. This notice is consistent 

with the statement in the Report and 

Order. 

DATES: Effective March 9, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please contact 

Steven Spaeth, International Bureau, 

telephone number (202) 418–1539 or via 

the Internet at steven.spaeth@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on February 

27, 2009, OMB approved, for a period of 

three years, the information collection 

requirements contained in Sections 

25.115, 25.134, 25.218 and 25.220 of the 

Commission’s rules. The Commission 

publishes this notice to announce the 

effective date of these rules. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street, SW., Washington, 

DC 20554. Please include OMB Control 

Number, 3060–0678, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

February 27, 2009, for the information 

collection requirements contained in the 

Commission’s rules at 47 CFR Sections 

25.115, 25.134, 25.218 and 25.220. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The OMB Control Number is 3060– 

0678 and the total annual reporting 

burdens and costs for respondents are as 

follows: 

OMB Control Numbers: 3060–0678. 

OMB Approval Date: February 27, 

2009. 

Expiration Date: February 29, 2012. 

Title: Part 25 of the Commission’s 

Rules Governing the Licensing of, and 

Spectrum Usage by, Satellite Network 

Stations and Space Stations. 

Form Number: FCC Forms 312 and 

Schedule S. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for 

profit entities. 

Number of Respondents/Responses: 

4,112 respondents; 4,112 responses. 

Estimated Hours per Response: 0.25– 

24 hours per response. 

Frequency of Response: On occasion 

and annual reporting requirements; 

Third party disclosure requirement. 

Total Annual Burden: 42,579 hours. 

Total Annual Cost: $784,766,976. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in Sections 4(i), 7(a), 

303(c), 303(f), 303(g), and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. Sections 154(i), 

157(a), 303(c), 303(f), 303(g), and 303(r). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Act Assessment: No impact(s). 

Needs and Uses: On October 17, 2008, 

the Federal Communications 

Commission (‘‘Commission’’) released 

an Eighth Report and Order and Order 

on Reconsideration titled, ‘‘In the Matter 

of 2000 Biennial Regulatory Review— 

Streamlining and Other Revisions of 

Part 25 of the Commission’s Rules 

Governing the Licensing of, and 

Spectrum Usage by, Satellite Network 

Earth Stations and Space Stations; 

Streamlining the Commission’s Rules 

and Regulations for Satellite 

Applications and Licensing Procedures’’ 

(FCC 08–246), IB Docket No. 00–248. In 

the Eighth Report and Order, the 

Commission further streamlined the 

Commission’s non-routine earth station 

processing rules by adopting a new 

earth station procedure that will enable 

the Commission to treat more 

applications routinely than is possible 

under the current earth station 

procedures. This rulemaking facilitates 

the provision of broadband Internet 

access services. 


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