Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 11509 

the permission of the Commander, 45th 

Space Wing or his/her designee. 

(2) Due to the nature of this restricted 

area, closures may occur with very little 

advance notice. Closure of the area shall 

be noticed by the display of a red ball 

and red beacon from a 90-foot pole near 

the shoreline at approximately latitude 

28°35.0′ N, longitude 80°34.8′ W and 

from a 90-foot pole near the shoreline at 

approximately latitude 28°25.3′ N, 

longitude 80°35.0′ W. Information will 

be provided via Marine Radio broadcast 

and a warning statement displayed on 

an electronic marquee sign located on 

the north side of the Port Canaveral ship 

channel between the Trident and 

Poseidon Wharf during the duration of 

the area closure. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, 45th Space Wing, Patrick 

Air Force Base, Florida and/or such 

persons or agencies as he/she may 

designate. 

Dated: March 9, 2009. 

Michael Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. E9–5746 Filed 3–17–09; 8:45 am] 

BILLING CODE 3710–92–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064; FRL–8783–4] 

RIN 2060–AP49 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed Rule. 

SUMMARY: EPA is proposing to delay the 

effective date for the Environmental 

Protection Agency (‘‘EPA’’) rule 

addressing ‘‘aggregation’’ under the 

Prevention of Significant Deterioration 

(‘‘PSD’’) and the nonattainment New 

Source Review (‘‘nonattainment NSR’’) 

programs (collectively, ‘‘NSR’’) 

published in the Federal Register on 

January 15, 2009. This rule (the ‘‘NSR 

Aggregation Amendments’’) described 

when a source must combine 

(‘‘aggregate’’) nominally-separate 

physical changes and changes in the 

method of operation for the purpose of 

determining whether they are a single 

change resulting in a significant 

emissions increase. 

On January 30, 2009, the Natural 

Resources Defense Council (‘‘NRDC’’) 

submitted a petition for reconsideration 

(the ‘‘NRDC Petition’’) of the NSR 

Aggregation Amendments. In response 

to the NRDC Petition, EPA announced 

on February 13, 2009, that it would 

convene a reconsideration proceeding 

for the NSR Aggregation Amendments 

and would delay the effective date of 

the rule from February 17, 2009 until 

May 18, 2009. In this action, EPA is 

proposing an additional delay of the 

effective date of the NSR Aggregation 

Amendments and soliciting comment 

on the duration of this additional delay 

in order to allow for sufficient time to 

conduct the reconsideration proceeding. 

DATES: Comments. Comments must be 

received on or before April 17, 2009. 

Public Hearing. If anyone contacts 

EPA requesting a public hearing by 

March 30, 2009, we will hold a public 

hearing on April 2, 2009. If a hearing is 

held, the record for the hearing will 

remain open until May 4, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0064, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: Environmental 

Protection Agency, EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2003– 

0064. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, 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 through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site 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: The final rule, the petition for 

reconsideration, and all other 

documents in the record for the 

rulemaking are in Docket ID. No. EPA– 

HQ–OAR–2003–0064. All documents in 

the docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not 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 in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West 

Building, 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 and Radiation 

Docket and Information Center is (202) 

566–1742. 

Public Hearing: If a hearing is held, it 

will be held at the U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David J. Svendsgaard, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–2380; fax 

number: (919) 541–5509; e-mail address 

svendsgaard.dave@epa.gov. 

To request a public hearing, please 

contact Mrs. Pam Long, Air Quality 

Policy Division, Office of Air Quality 

Planning and Standards (C504–03), U.S. 

Environmental Protection Agency, 


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11510 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–0641; fax 

number: (919) 541–5509; e-mail address: 

long.pam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities potentially affected this 

proposed action include sources in all 

industry groups and state, local, and 

tribal governments. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information on a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed to be 

CBI must be submitted for inclusion in 

the public docket. Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Where Can I Get a Copy of This 

Document and Other Related 

Information? 

In addition to being available in the 

docket, an electronic copy of this notice 

is also available on the World Wide 

Web. A copy of this notice will be 

posted at http://www.epa.gov/nsr. 

D. What Information Should I Know 

About the Public Hearing? 

EPA will hold a hearing only if a 

party notifies EPA by March 30, 2009, 

expressing its interest in presenting oral 

testimony on issues addressed in this 

notice. Any person may request a 

hearing by calling Mrs. Pam Long at 

(919) 541–0641 before 5 p.m. on March 

30, 2009. Persons interested in 

presenting oral testimony should 

contact Mrs. Pam Long at (919) 541– 

0641. Any person who plans to attend 

the hearing should also contact Mrs. 

Pam S. Long at (919) 541–0641 or visit 

the EPA’s Web site at http:// 

www.epa.gov/nsr and to learn if a 

hearing will be held. 

If a public hearing is held on this 

notice, it will be held at the U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, Washington, DC 

20004. Because the hearing will be held 

at a U.S. Government facility, everyone 

planning to attend should be prepared 

to show valid picture identification to 

the security staff in order to gain access 

to the meeting room. Please check our 

Web site at http://www.epa.gov/nsr 

concerning the public hearing. 

If held, the public hearing will begin 

at 10 a.m. and end 1 hour after the last 

registered speaker has spoken. The 

hearing will be limited to the subject 

matter of this document. Oral testimony 

will be limited to 5 minutes. The EPA 

encourages commenters to provide 

written versions of their oral testimony 

either electronically (on computer disk 

or CD–ROM) or in paper copy. The list 

of speakers will be posted on EPA’s Web 

site at http://www.epa.gov/nsr. A 

verbatim transcript and written 

statements will be included in the 

rulemaking docket. 

A public hearing would provide 

interested parties the opportunity to 

present data, views, or arguments 

concerning issues addressed in this 

notice. The EPA may ask clarifying 

questions during the oral presentations, 

but would not respond to the 

presentations or comments at that time. 

Written statements and supporting 

information submitted during the 

comment period will be considered 

with the same weight as any oral 

comments and supporting information 

presented at a public hearing. 

E. How Is This Preamble Organized? 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does This Action Apply to Me? 

B. What Should I Consider as I Prepare My 

Comments for EPA? 

C. Where Can I Get a Copy of This 

Document and Other Related 

Information? 

D. What Information Should I Know About 

the Public Hearing? 

E. How is This Document Organized? 

II. This Action 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132—Federalism 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Determination Under Section 307(d) 

IV. Statutory Authority 

II. This Action 

On January 15, 2009, the EPA (‘‘we’’) 

issued a final rule amending our PSD 

and nonattainment NSR regulations 

implementing the definition of 

‘‘modification’’ in the Clean Air Act 

(‘‘CAA’’) 111(a)(4). The amendments 

addressed when a source must combine 

(‘‘aggregate’’) nominally-separate 

physical changes and changes in the 

method of operation for the purpose of 

determining whether they are a single 

change resulting in a significant 

emission increase. The amendments 

retained the rule language for 

aggregation but interpreted that rule text 

to mean that sources and permitting 

authorities should combine emissions 

when activities are ‘‘substantially 

related.’’ The rule also adopted a 

rebuttable presumption that activities at 

a plant can be presumed not to be 

substantially related if they occur three 

or more years apart. Collectively, this 

rulemaking is known as the ‘‘NSR 

Aggregation Amendments.’’ For further 

information on the NSR Aggregation 

Amendments, please see 74 FR 2376 

(January 15, 2009). 

On January 30, 2009, the Natural 

Resources Defense Council (‘‘NRDC’’) 

submitted a petition for reconsideration 


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1 John Walke, Natural Resources Defense Council, 

EPA–HQ–OAR–2003–0064–0116.1. 

of the NSR Aggregation Amendments as 

provided for in CAA 307(d)(7)(B).1

Under that CAA provision, the 

Administrator may commence a 

reconsideration proceeding if the 

petitioner raises an objection to a rule 

that was impracticable to raise during 

the comment period or if the grounds 

for the objection arose after the 

comment period. In either case, the 

objection must be of central relevance to 

the outcome of the rule. The 

Administrator may stay the 

effectiveness of the rule for up to three 

months during such reconsideration. 

On February 13, 2009, we issued 

notices announcing the convening of a 

reconsideration proceeding in response 

to the NRDC petition and an 

administrative stay of the NSR 

Aggregation Amendments, which 

delayed the effective date of the NSR 

Aggregation Rule for 90 days from 

February 17, 2009 until May 18, 2009. 

See 74 FR 7193 and 74 FR 7284 

(February 13, 2009). As noted above, our 

authority to delay the effective date of 

a rule solely under the Administrator’s 

discretion is limited to three months. 

On occasion, however, we have found 

three months to be insufficient to 

complete the necessary steps in the 

reconsideration process. Therefore, 

when we have issued similar 

administrative stays in the past, it has 

often been our practice to also propose 

an additional extension of the stay of 

effectiveness through a rulemaking 

process. An additional extension 

enables us to take comment on issues 

that are in question and complete any 

revisions of the rule that become 

necessary as a result of the 

reconsideration process. 

As with some of our past 

reconsiderations, we expect to take 

comment on a broad range of legal and 

policy issues as part of the NSR 

Aggregation Amendments 

reconsideration, and we are in the 

process of preparing the necessary 

comment solicitation to help focus 

commenters on issues of central 

relevance to our decision-making. 

Recognizing that these issues may be 

difficult and time consuming to 

evaluate, and given the expected high 

level of interest from stakeholders in 

commenting on these issues, we are 

proposing additional time to open these 

issues for review and comment. 

Therefore, we propose to delay the 

effective date of the NSR Aggregation 

Amendments, FR Doc. E9–815, 

published in the Federal Register on 

January 15, 2009 (74 FR 2376), until 

November 18, 2009. This delay would 

be for an additional six months, which 

we believe would provide a reasonable 

period of time to complete action on the 

reconsideration. As alternatives, we also 

solicit comment on longer periods for a 

delay of effectiveness: (1) until February 

18, 2010 (nine additional months) or (2) 

May 18, 2010 (12 additional months). 

Note that we are not taking comment 

at this time on any substantive issues 

from the NSR Aggregation 

Amendments. This notice simply 

proposes to further extend the effective 

date, so comments should be limited to 

the issue of whether and how long to 

extend the effective date of the rule. A 

separate Federal Register notice 

published in the near future will 

specifically solicit comment on the 

range of issues under reconsideration. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. We are 

not promulgating any new paperwork 

requirements (e.g., monitoring, 

reporting, recordkeeping) as part of this 

proposed action. However, the Office of 

Management and Budget (‘‘OMB’’) has 

previously approved the information 

collection requirements contained in the 

existing regulations (40 CFR parts 51 

and 52) under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., and has assigned OMB 

control number 2060–0003. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) generally requires an Agency to 

prepare a regulatory flexibility analysis 

of any regulation subject to notice and 

comment rulemaking requirements 

under the Administrative Procedures 

Act or any other statute unless the 

Agency certifies the rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this proposal on small entities, small 

entity is defined as: (1) A small business 

that is a small industrial entity as 

defined in the U.S. Small Business 

Administration (‘‘SBA’’) size standards. 

(See 13 CFR 121.); (2) A governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) A small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impact of these proposed revisions to 

the regulations on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This proposal will not impose any 

requirements on small entities. 

We continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (‘‘UMRA’’), 2 U.S.C. 1531–1538 

for State, local, or tribal governments or 

the private sector. The action imposes 

no enforceable duty on any State, local 

or tribal governments or the private 

sector. Therefore, this action is not 

subject to the requirements of section 

202 and 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

EPA has determined that these proposed 

regulation revisions contain no 

regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments because these regulations 

affect Federal agencies only. 

E. Executive Order 13132—Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have Federalism 

implications.’’ Policies that have 

‘‘Federalism implications’’ are defined 

in the Executive Order to include 

regulations that 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.’’ 

This action does not have Federalism 

implications. It will not have substantial 


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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. This proposed 

rule, if made final, would delay the 

effective date of the NSR Aggregation 

Amendments and allow for sufficient 

time to conduct the reconsideration. 

Thus, Executive Order 13132 does not 

apply to these proposed regulation 

revisions. 

In the spirit of Executive Order 13121 

and consistent with EPA policy to 

promote communications between EPA 

and state and local governments, EPA is 

soliciting comments on this proposal 

from state and local officials. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. No tribal government 

currently has an approved tribal 

implementation plan under the CAA to 

implement the NSR program, therefore 

the Federal government is currently the 

NSR reviewing authority in Indian 

country. Thus, tribal governments 

should not experience added burden 

from this proposed action. Thus, 

Executive Order 13175 does not apply. 

EPA specifically solicits additional 

comment on the proposed revisions to 

the regulations from Tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because this proposal is 

taking comment on delaying the 

effective date of the NSR Aggregation 

Amendments and allows for sufficient 

time to conduct the reconsideration. 

However, EPA solicits comments on 

whether the proposal would result in an 

adverse environmental effect that would 

have a disproportionate effect on 

children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The proposed revision 

is taking comment on delaying the 

effective date of the NSR Aggregation 

Amendments and allows for sufficient 

time to conduct the reconsideration. As 

such, it does not adversely affect the 

health or safety of minority or low 

income populations. 

K. Determination Under Section 307(d) 

Pursuant to sections 307(d)(1)(E) and 

307(d)(1)(V) of the CAA, the 

Administrator determines that this 

action is subject to the provisions of 

section 307(d). Section 307(d)(1)(V) 

provides that the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine.’’ 

IV. Statutory Authority 

The statutory authority for this action 

is provided by sections 307(d)(7)(B), 

101, 111, 114, 116, and 301 of the CAA 

as amended (42 U.S.C. 7401, 7411, 7414, 

7416, and 7601). This notice is also 

subject to section 307(d) of the CAA (42 

U.S.C. 7407(d)). 

List of Subjects 

40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Baseline 

emissions, Intergovernmental relations, 

Aggregation, Major modifications, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Baseline 

emissions, Intergovernmental relations, 

Aggregation, Major modifications, 

Reporting and recordkeeping 

requirements. 

Dated: March 12, 2009. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. E9–5996 Filed 3–17–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Parts 3009 and 3052 

[Docket No. DHS–2009–0017] 

RIN 1601–AA55 

Prohibition on Federal Protective 

Service Guard Services Contracts With 

Business Concerns Owned, 

Controlled, or Operated by an 

Individual Convicted of a Felony 

[HSAR Case 2009–001] 

AGENCY: Department of Homeland 

Security (DHS). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DHS is proposing to amend 

the Homeland Security Acquisition 

Regulation (HSAR) to prohibit DHS 

from awarding a Federal Protective 

Service (FPS) contract for guard services 

to a business concern that is owned, 

controlled, or operated by an individual 

who has been convicted of a serious 

felony. The rule is necessary to 

implement the provisions of Public Law 

110–356, the Federal Protective Service 

Guard Contracting Reform Act of 2008. 

DATES: Comment date: Interested parties 

should submit written comments to the 


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