Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13125 

B. How can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using 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 Correction Do? 

This document is being issued to 

correct a technical error in the 

regulatory text published in the final 

rule on November 3, 2008 (723 FR 

65452), in 40 CFR 370.42(i)(8) and (9). 

Specifically, the November 2008 final 

rule amended 40 CFR parts 355 and 370, 

as well as rewrote the regulations in a 

plain language format; the final rule is 

based on a June 8, 1998 (63 FR 31268) 

proposed rule in which EPA proposed 

several revisions to parts 355 and 370, 

as well as proposed to reorganize and 

rewrite the regulations in a plain 

language format. Prior to the November 

2008 final rule, the instructions to the 

Tier II inventory form in 40 CFR 370 

allowed facilities to include optional 

attachments with their inventory form. 

These optional items include: a site plan 

with site coordinates, a list of site 

coordinate abbreviations that 

correspond to buildings, lots, etc. or a 

description of dikes and other safeguard 

measures for storage locations 

throughout the facility. Although the 

Agency did not propose any revisions to 

these specific instructions in the June 

1998 proposed rule, the Agency made 

an error in the November 2008 final 

rule, while reorganizing the instructions 

to the Tier II inventory form. The 

Agency inadvertently listed one of the 

optional items, description of dikes and 

other safeguard measures, as a required 

item in 40 CFR 370.42(i)(9). 

This document corrects this error by 

deleting the phrase, ‘‘a description of 

dikes and other safeguard measures for 

each location listed’’ from 40 CFR 

370.42(i)(9), and re-inserting this phrase 

into 40 CFR 370.42(i)(8), which has also 

been re-formatted to provide greater 

clarity. 

III. Authority Under the Administrative 

Procedure Act 

Section 553 of the Administrative 

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

553(b)(3)(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 this technical correction 

final without prior proposal and 

opportunity for comment, because this 

final rule corrects a technical error, adds 

clarity, and does not otherwise change 

the original requirements of the final 

rule. This section of the regulations was 

not proposed for any revisions in the 

June 8, 1998 proposed rule; it was only 

proposed for a rewrite in a plain 

language format. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to This 

Action? 

This final rule corrects a technical 

error and does not otherwise change the 

requirements in the final rule. As a 

technical correction, this action is not 

subject to the statutory and Executive 

Order review requirements. For 

information about the statutory and 

Executive Order review requirements as 

they related to the final rule, see Section 

III in the Federal Register of November 

3, 2008. 

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 the 

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 370 

Environmental protection, Chemicals, 

Hazardous substances, Penalties, 

Reporting and recordkeeping 

requirements, Superfund. 

Dated: March 16, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter 1 of the Code 

of Federal Regulations is amended as 

follows: 

PART 370—[AMENDED] 

■ 1. The authority citation for part 370 

continues to read as follows: 

Authority: Sections 302, 311, 312, 322, 

324, 325, 327, 328, and 329 of the Emergency 

Planning and Community Right-To-Know 

Act of 1986 (EPCRA) (Pub. L. 99–499, 100 

Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 

11042, 11044, 11045, 11047, 11048, and 

11049). 

■ 2. In § 370.42 revise paragraphs (i)(8) 

and (9) to read as follows: 

§ 370.42 What is Tier II Inventory 

Information? 

* * * * * 

(i) * * * 

(8) (i) Provide a brief description of 

the precise location of the hazardous 

chemical at your facility. You may also 

attach one of the following with your 

Tier II inventory form. 

(A) A site plan with site coordinates 

indicated for buildings, lots, areas, etc. 

throughout your facility. 

(B) A list of site coordinate 

abbreviations that correspond to 

buildings, lots, areas, etc. throughout 

your facility. 

(C) A description of dikes and other 

safeguard measures for storage locations 

throughout your facility. 

(ii) Under EPCRA section 324, you 

may choose to withhold from disclosure 

to the public the location information 

for a specific chemical. If you choose to 

withhold the location information from 

disclosure to the public, you must 

clearly indicate that the information is 

‘‘confidential.’’ You must provide the 

confidential location information on a 

separate sheet from the other Tier II 

information (which will be disclosed to 

the public), and attach the Confidential 

Location Information Sheet to the other 

Tier II information. Indicate any 

attachments you are including. 

(9) Provide a brief description of the 

manner of storage of the hazardous 

chemical, including container type, 

temperature and pressure for each 

location listed. You must use codes that 

correspond to different storage types 

and temperature and pressure 

conditions. The storage codes are in 

§ 370.43. If the specific location for 

which you are reporting storage 

conditions is a ‘‘confidential’’ location, 

then you must report the storage 

conditions on a separate Confidential 

Location Information Sheet. 

[FR Doc. E9–6264 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–412; MB Docket No. 08–26; RM– 

11418] 

Radio Broadcasting Services; Evart 

and Ludington, MI 

AGENCY: Federal Communications 

Commission. 

13126 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Roy E. Henderson, allots FM 

Channel 274A at Evart, Michigan, as 

that community’s first local service. In 

order to accommodate that allotment, 

the Audio Division also substitutes 

Channel 249A for vacant FM Channel 

242A at Ludington, Michigan. Channel 

274A can be allotted at Evart, Michigan, 

in compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

14.6 km (9.1 miles) north of Evart at the 

following reference coordinates: 44–01– 

43 North Latitude and 85–17–51 West 

Longitude. Channel 249A can be 

allotted at Ludington, Michigan, in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

9.0 km (5.6 miles) north of Ludington at 

the following reference coordinates: 44– 

01–53 North Latitude and 86–24–57 

West Longitude. 

DATES: Effective April 13, 2009. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–26, 

adopted February 25, 2009, and released 

February 27, 2009. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. The complete 

text of this decision also may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

(800) 378–3160, or via the company’s 

Web site, http://www.bcpiweb.com. 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it dos not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). The Commission will send a 

copy of this Report and Order in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Michigan, is amended 

by adding Evart, Channel 274A, by 

removing Channel 242A and by adding 

Channel 249A at Ludington. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–6791 Filed 3–25–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XL91 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for king mackerel in the 

exclusive economic zone (EEZ) in the 

western zone of the Gulf of Mexico. This 

closure is necessary to protect the Gulf 

king mackerel resource. 

DATES: The closure is effective noon, 

local time, March 27, 2009, through 

June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, 727–824–5305, fax: 727– 

824–5308, e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The commercial fishery for the Gulf of 

Mexico migratory group of king 

mackerel in the western zone is 

managed under a commercial quota of 

1.01 million lb (0.46 million kg) (66 FR 

17368, March 30, 2001) for the current 

fishing year, July 1, 2008, through June 

30, 2009. 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined the 

commercial quota of 1.01 million lb 

(0.46 million kg) for Gulf group king 

mackerel in the western zone will be 

reached by March 27, 2009. 

Accordingly, the commercial fishery for 

Gulf group king mackerel in the western 

zone is closed effective noon, local time, 

March 27, 2009, through June 30, 2009, 

the end of the fishing year. The 

boundary between the eastern and 

western zones is 87°31′06′′ W. long., 

which is a line directly south from the 

Alabama/Florida boundary. 

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for or retain 

Gulf group king mackerel in the EEZ in 

the closed zones or subzones. A person 

aboard a vessel that has a valid charter 

vessel/headboat permit for coastal 

migratory pelagic fish may continue to 

retain king mackerel in or from the 

closed zones or subzones under the bag 

and possession limits set forth in 50 

CFR 622.39(c)(1)(ii) and (c)(2), provided 

the vessel is operating as a charter 

vessel or headboat. A charter vessel or 

headboat that also has a commercial 

king mackerel permit is considered to be 

operating as a charter vessel or headboat 

when it carries a passenger who pays a 

fee or when there are more than three 

persons aboard, including operator and 

crew. 

During the closure, king mackerel 

from the closed zones or subzones taken 

in the EEZ, including those harvested 

under the bag and possession limits, 

may not be purchased or sold. This 

prohibition does not apply to trade in