10488 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations 

that this closure will not have a 

significant effect on these vessels. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: February 20, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–5090 Filed 3–10–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–AL–0002; 

FRL–8776–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Alabama Visible Emissions Rule; 

Informational Notice 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of document availability. 

SUMMARY: The purpose of this notice is 

to inform the public of the availability 

of documents that were not made 

available electronically to the public 

through http://www.regulations.gov 

when EPA’s final rulemaking was 

published in the Federal Register . 

These documents were a part of the 

docket for EPA’s final rulemaking 

approving Alabama’s state 

implementation plan (SIP) revision for 

the Alabama Visible Emissions Rule. 

The complete docket was available in 

hard copy at Region 4. EPA’s final 

rulemaking for this SIP revision was 

published on October 15, 2008. 

ADDRESSES: The hard copy docket is 

available at the U.S. Environmental 

Protection Agency, Air, Pesticides and 

Toxics Management Division, Air 

Planning Branch, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303. The 

electronic docket is available at http:// 

www.regulations.gov. Refer to EPA 

docket # ‘‘EPA–R04–OAR–2005–AL– 

0002’’. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joel Huey, U.S. Environmental 

Protection Agency, Air, Pesticides and 

Toxics Management Division, Air 

Planning Branch; 61 Forsyth Street, 

SW.; Atlanta, Georgia 30303. Mr. Huey 

can be reached via e-mail at 

Huey.joel@epa.gov or phone at (404) 

562–9104. 

SUPPLEMENTARY INFORMATION: EPA uses 

http://www.regulations.gov to provide 

the public with access to pertinent 

documents related to EPA actions for 

SIP revisions. In general, each action 

has a hard copy paper docket and an 

electronic docket which includes 

information such as: the state’s 

submission and supporting 

documentation; EPA’s rulemaking and 

correspondences related to the SIP 

revision; public comments provided for 

the SIP revision during the open public 

comment period; and other pertinent 

documentation related to the 

rulemaking action. The process for 

generating the electronic docket 

includes uploading pertinent 

documents into the Federal Docket 

Management System (FDMS), and then 

taking action to make these documents 

available electronically to the public on 

http://www.regulations.gov upon 

publication of EPA’s rulemaking action 

in the Federal Register. The general 

public cannot view documents until 

they are promoted following publication 

of the associated Federal Register 

document. 

On April 12, 2007, EPA published a 

proposed rule approving Alabama’s 

Visible Emissions Rule. At that time, 

EPA opened a 60 day public comment 

period, and subsequently extended the 

comment period an additional 30 days. 

The comment period for the proposed 

rule ended on July 11, 2007. All 

pertinent documents related to EPA’s 

proposal, comments received during the 

public comment period and the 

rulemaking actions were included in 

FDMS and promoted to http:// 

www.regulations.gov for public access. 

Subsequent to the proposal phase, EPA 

received and generated other pertinent 

documents related to EPA’s final 

rulemaking action which was published 

in the Federal Register on October 15, 

2008. The other pertinent documents 

are as follows: 

• EPA–R04–OAR–2005–AL–0002– 

0022: Alabama Visible Emissions Final 

Rule; 

• EPA–R04–OAR–2005–AL–0002– 

0023: Alabama Governor’s letter to the 

Administrator; 

• EPA–R04–OAR–2005–AL–0002– 

0024: September 11, 2003, ADEM cover 

letter; 

• EPA–R04–OAR–2005–AL–0002– 

0025: Governor’s letter to the 

Administrator; 

• EPA–R04–OAR–2005–AL–0002– 

0026: EPA response to November 6, 

2007, Governor’s letter; 

• EPA–R04–OAR–2005–AL–0002– 

0027: EPA response to June 17, 2008, 

Governor’s letter; 

• EPA–R04–OAR–2005–AL–0002– 

0028: Meeting Notes; 

• EPA–R04–OAR–2005–AL–0002– 

0029: ADEM Letter to EPA R4; 

• EPA–R04–OAR–2005–AL–0002– 

0030: ADEM Letter to Governor; 

• EPA–R04–OAR–2005–AL–0002– 

0031: EPA 2008 prehearing comment 

letter; 

• EPA–R04–OAR–2005–AL–0002– 

0032: EPA response to Alabama 

congressional representatives; 

• EPA–R04–OAR–2005–AL–0002– 

0033: Letter from Alabama 

congressional representatives; 

• EPA–R04–OAR–2005–AL–0002– 

0034: References; 

• EPA–R04–OAR–2005–AL–0002– 

0035: State Implementation Plan 

Consistency Process Record; 

• EPA–R04–OAR–2005–AL–0002– 

0036: Administrator Memorandum; 

• EPA–R04–OAR–2005–AL–0002– 

0037: Alabama Opacity Region 4 

Meeting Notes; 

• EPA–R04–OAR–2005–AL–0002– 

0038: Recording Dust Emission 

Measurements in the Cement Industry 

with the FM4 Smoke Density Meter 

Made by Messrs. Sick and Staub; 

• EPA–R04–OAR–2005–AL–0002– 

0039: ‘‘Emissions from Electrostatic 

Precipitators,’’ In Electrostatic 

Preciptator Manual, 332–350; 

• EPA–R04–OAR–2005–AL–0002– 

0040: Communications with ADEM; and 

• EPA–R04–OAR–2005–AL–0002– 

0041: Region 4 Meeting Notes 

Continued. 

In December 2008, EPA received 

notification of litigation related to EPA’s 

final rule approving the revisions to 

Alabama’s Visible Emissions Rule. As 

EPA prepared the documents needed for 

the administrative record, EPA 

compared documents listed in FDMS 

versus http://www.regulations.gov and 

noted some discrepancies. After some 

investigation, it was determined that, 

while EPA prepared the documents for 

inclusion in the public electronic docket 

by uploading the pertinent documents 

into FDMS, the necessary action to 

make these documents available to the 

public through the http:// 

www.regulations.gov Web site was not 

taken upon publication of EPA’s final 

rule on October 15, 2008. 

The documents that were 

inadvertently not made available 

electronically in the docket included all 

documents provided subsequent to the 

proposal phase for EPA’s action (see list 

above). The electronic docket did 

include documents related to EPA’s 

proposed rulemaking, which were 

promoted and made available to the 

public earlier. 

EPA’s error related to the promotion 

of pertinent documents to the final 

rulemaking action became apparent to 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations 10489 

EPA on January 8, 2009, and was 

corrected on January 9, 2009. The 

electronic docket for this rulemaking 

action can be accessed at 

regulations.gov with reference to docket 

number ‘‘EPA–R04–OAR–2005–AL– 

0002.’’ Since identification of this error, 

the Region 4 office has refined its 

protocol to clearly identify necessary 

steps that must be taken to ensure the 

completeness and availability of the 

electronic docket to the public. EPA did 

generate and maintains a hard copy 

paper docket for this action in addition 

to the electronic docket. This hard copy 

paper docket contained all the pertinent 

documents for EPA’s final rulemaking 

and continues to be available for 

inspection by the public at the EPA 

Region 4 office. In EPA’s final 

rulemaking published on October 15, 

2008, EPA informed the public that the 

docket materials were available both 

electronically and in hard copy. 

Additionally, EPA provided contact 

information in that rulemaking for the 

public to request access to material. EPA 

did not receive any requests for this 

material through the October 15, 2008, 

rulemaking action. 

Dated: February 9, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–5220 Filed 3–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–1170; FRL–8402–1] 

Benfluralin, Carbaryl, Diazinon, 

Dicrotophos, Fluometruon, 

Formetanate Hydrochloride, 

Glyphosate, Metolachlor, 

Napropamide, Norflurazon, Pyrazon, 

and Tau-Fluvalinate; Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA issued a final rule in the 

Federal Register of September 10, 2008, 

revoking, revising, and establishing 

certain tolerances. This document is 

being issued to correct the amendatory 

language for § 180.169. 

DATES: This final rule is effective March 

11, 2009. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–1170. All documents in the 

docket are listed in the docket index 

available inhttp://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) 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 in the electronic docket 

athttp://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. 

S–4400, One Potomac Yard (South 

Bldg.), 2777 S. Crystal Dr., Arlington, 

VA. The Docket Facility is open from 

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

Friday, excluding legal holidays. The 

Docket Facility telephone number is 

(703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: Jane 

Smith, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 308– 

0048; e-mail address:smith.janescott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to accessing electronically 

available documents athttp:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the Federal Register listings at 

http://www.epa.gov/fedrgstr. 

II. What Does this Amendment Do? 

EPA issued a final rule in the Federal 

Register of September 10, 2008 (73 FR 

52607) (FRL–8379–3), revoking, 

revising, and establishing certain 

tolerances for residues of benfluralin, 

carbaryl, diazinon, dicrotophos, 

fluometruon, formetanate 

hydrochloride, glyphosate, metolachlor, 

napropamide, norflurazon, pyrazon, and 

tau-fluvalinate.On page 52611, third 

column, the amendatory language for 

§ 180.169 inadvertently omitted the 

phrasing to delete paragraphs (a)(3) and 

(a)(4). This document corrects that error. 

III. Why is this Amendment Issued as 

a Final Rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the Agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s technical 

amendment final without prior proposal 

and opportunity for comment, because 

the use of notice and comment 

procedures is unnecessary to effectuate 

this amendment. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to this 

Action? 

EPA included the required statutory 

discussion in the September 10, 2008 

final rule (72 FR 52607). 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report 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 this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 17, 2009. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR part Chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 


rwilkins on PROD1PC63 with RULES