Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12625 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

XII. 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: March 4, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR 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. 

■ 2. Section 180.1288 is added to read 

as follows: 

§ 180.1288 Tristyrylphenol ethoxylates; 

exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of poly(oxy-1,2-ethanediyl), a-[2,4,6- 

tris(1-phenylethyl)phenyl]-w-hydroxy-, 

(CAS Reg. No. 70559–25–0) and 

poly(oxy-1,2-ethanediyl), a-[tris(1- 

phenylethyl)phenyl]-w-hydroxy-, (CAS 

Reg. No. 99734–09–5) on citrus crops, 

group 10, when used as inert 

ingredients under the following 

conditions: 

(a) They are applied post-harvest; 

(b) They are used as inert ingredients 

in pesticide formulations with 

azoxystrobin and fludioxonil; and 

(c) They constitute no more than 

10.0% of the formulated pesticide 

product. 

[FR Doc. E9–6259 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2008–0756–; FRL–8784– 

9] 

New Mexico: Final Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The State of New Mexico has 

applied to the EPA for final 

authorization to administer the 

provisions of the Used Oil program 

under the Resource Conservation and 

Recovery Act (RCRA). The EPA has 

determined that the statutes and 

regulations of the State of New Mexico 

Used Oil program satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize New Mexico’s changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This final authorization will 

become effective on May 26, 2009 

unless the EPA receives adverse written 

comment by April 24, 2009. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

State/Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier. Deliver 

your comments to Alima Patterson, 


sroberts on PROD1PC70 with RULES
12626 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or e-mail. The Federal 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the 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 the EPA without 

going through regulations.gov, your email 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. You can view and 

copy New Mexico’s application and 

associated publicly available materials 

from 8:30 a.m. to 4 p.m. Monday 

through Friday at the following 

locations: New Mexico Environment 

Department, 2905 Rodeo Park Drive 

East, Building 1, Santa Fe, New Mexico 

87505–6303, phone number (505) 476– 

6035 and EPA, Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–8533. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, (214) 

665–8533), EPA Region 1445 Ross 

Avenue, Dallas, Texas 75202–2733, and 

E-mail address 

patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 268, 270, 273, and 

279. 

B. What Decisions Have We Made in 

This Rule? 

We conclude that New Mexico’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant New Mexico 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. New Mexico has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders (except in Indian Country) and 

for carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in New 

Mexico including issuing permits, until 

the State is granted authorization to do 

so. 

C. What Is the Effect of Today’s 

Authorization Decision? 

The effect of this decision is that a 

facility in New Mexico subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. New 

Mexico has enforcement responsibilities 

under its State hazardous waste program 

for violations of such program, but the 

EPA retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

—Do inspections, and require 

monitoring, tests, analyses, or reports; 

—Enforce RCRA requirements and 

suspend or revoke permits; and 

—Take enforcement actions after notice 

to and consultation with the State. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which New Mexico is 

being authorized by today’s action are 

already effective under State law, and 

are not changed by today’s action. 

D. Why Wasn’t There a Proposed Rule 

Before Today’s Rule? 

The EPA did not publish a proposal 

before today’s rule because we view this 

as a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal Register 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What Happens if the EPA Receives 

Comments That Oppose This Action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. The EPA will 

base any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. For What Has New Mexico 

Previously Been Authorized? 

The State of New Mexico initially 

received final authorization on January 

25, 1985, (50 FR 1515) to implement its 

base hazardous waste management 

program. New Mexico received 

authorization for revisions to its 

program on February 9, 1990 (55 FR 

4604) effective April 10, 1990; March 

19, 1990 (55 FR 10076); July 11, 1990 

(55 FR 28397) effective July 25, 1990; 

October 5, 1992 (57 FR 45717) effective 

December 4, 1992; June 9, 1994 ( 59 FR 

29734) effective August 23, 1994; 

October 7, 1994 (59 FR 51122) effective 

December 21, 1994; April 25, 1995 (60 

FR 20238) effective July 10, 1995; (61 FR 

2450) January 2, 1996; December 23, 

1996 (61 FR 67474) effective March 10, 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12627 

1997 and August 10, 2001 (66 FR 42140) 

effective October 9, 2001. The 

authorized New Mexico RCRA program 

was incorporated by reference to the 

CFR, effective December 13, 1993 (58 FR 

52677); November 18, 1996 (61 FR 

49265); July 13, 1998 (63 FR 23221); 

effective October 27, 2003 and (72 FR 

46165) effective October 16, 2007. On 

August 22, 2008, New Mexico applied 

for approval of its program revisions for 

the Used Oil provisions which includes 

Rule Checklists 104, 107, 112, 122, 

122.1, 130, 166, and 166.1 listed in this 

document in accordance with 40 CFR 

271.21. 

The NMED petitioned the New 

Mexico Environmental Improvement 

Board (EIB) on March 10, 2003 for a 

hearing to amend the HWMR, 20.4.1 for 

the EPA Federal rules promulgated 

through July 1, 2002, including the Used 

Oil program. The EIB adopted the 

amendments to Hazardous Waste 

Management Regulations (HWMR) on 

August 5, 2003 as permanent rules 

which included the Used Oil program. 

Thus, 20.4.1 NMAC provides 

equivalent and no less stringent 

authority than the adoption of Federal 

RCRA Subtitle C program in effect 

through July 1, 2002. This is the version 

that is referred to in the Attorney 

General’s Statement and Certification 

for submitted with this program 

revision. The 20 NMAC 4.1 became 

effective on October 1, 2003. New 

Mexico Statutes Annotated (NMAC) 

1978 Sections 74–4–4A(1) and 74–4–4F 

(2002) provides New Mexico with 

authority to adopt Federal regulations 

by reference with exceptions to federal 

rules that are not delegated to the State 

of New Mexico. Since the latest 

authorization the scope, structure, 

coverage, and processes have not 

materially changed. The Used Oil 

program has been adopted within the 

Hazardous Waste Management Program, 

New Mexico does now have the 

statutory authority for criminal 

penalties as required by EPA for 

program authorization. Therefore, we 

are authorizing the State of New Mexico 

for the Used Oil regulations in this 

Federal Register document. 

New Mexico, through the HWMR, has 

incorporated by reference the following 

federal RCRA regulations as amended 

through July 1, 2002: 40 CFR parts 260– 

270, 40 CFR Part 270; 40 CFR Part 273; 

and 40 CFR Part 279 with the exception 

of 40 CFR 260.1(b)(6), 260.20, 260.22, 

260.30, 260.31, 260.32, 260.33, 

263.20(e), 264.1(f), 264.149, 264.150, 

264.301(l), 264.1030(d), 264.1050(g), 

264.1080(e), 264.1080(f), 264.1080(g), 

265.1(c)(4), 265.149, 265.150, 

265.1030(c), 265.1050(f), 265.1080(e), 

265.1080(f), 265.1080(g); 268.5, 268.6, 

268.42(b), 268.44(a) through (g). New 

Mexico has incorporated by reference 40 

CFR Part 124, §§ 124.31, 124.32, and 

124.33 with exception to 40 CFR parts 

124.1 and 124.2. Also, it has adopted 

regulations at 20.4.1.901 NMAC, 

Permitting Procedures, that are 

equivalent to and no less stringent than 

the procedures of 40 CFR part 124 and 

required by 40 CFR Part 271.14. 

G. What Changes Are We Authorizing 

With Today’s Action? 

On August 22, 2008, New Mexico 

submitted a final complete program 

revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make an immediate final decision, 

subject to receipt of written comments 

that oppose this action, that New 

Mexico’s hazardous waste program 

revision satisfies all of the requirements 

necessary to qualify for Final 

authorization. Therefore, we grant the 

State of New Mexico Final authorization 

for the following changes: The State of 

New Mexico’s program revisions consist 

of regulations which specifically govern 

Checklists 112, 122, 122.1, 130, 166, and 

166.1 are documented in this Federal 

Register document. 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

1. Recycled Used Oil Management Standards. 

(Checklist 112).

57 FR 41566–41626 September 10, 1992 ...... New Mexico Statute Annotated (NMSA) 1978, 

Sections 74–4–4A(1) and 74–4–4F (2002). 

Hazardous Waste Regulations (HWMR), 

New Mexico Environmental Improvement 

Board, 20 NMAC, 20.4.1. 100, 20.4.1.200, 

20.4.1.700 and 20.4.1.1002, as adopted August 5, 2003, effective October 1, 2003. 

2. Recycled Used Oil Management Standards; 

Technical Amendments and Corrections 1. 

(Checklist 122).

58 FR 26420–26426 May 3, 1993 ................... New Mexico Statute Annotated (NMSA) 1978, 

Sections 74–4–4A(1) and 74–4–4F (2002). 

Hazardous Waste Regulations (HWMR), 

New Mexico Environmental Improvement 

Board, 20 NMAC, 20.4.1. 200, 20.4.1.500, 

20.4.1.600, and 20.4.1.1002 as adopted August 5, 2003, effective October 1, 2003. 

3. Recycled Used Oil Management Standards; 

Technical Amendments and Corrections II. 

(Checklist 130).

59 FR 10550–10560 March 4, 1994 ................ New Mexico Statute Annotated (NMSA) 1978, 

Sections 74–4–4A(1) and 74–4–4F (2002). 

Hazardous Waste Regulations (HWMR), 

New Mexico Environmental Improvement 

Board, 20 NMAC, 20.4.1. 1002, as adopted 

August 5, 2003, effective October 1, 2003. 

4. Recycled Used Oil Management Standards; 

Technical Correction and Clarification. 

(Checklist 166 & 166.1).

63 FR 24963–24969 May 6, 1998; as amended July 14, 1998, at 63 FR 37780–37782.New Mexico Statute Annotated (NMSA) 1978, 

Sections 74–4–4A(1) and 74–4–4F (2002). 

Hazardous Waste Regulations (HWMR), 

New Mexico Environmental Improvement 

Board, 20 NMAC, 20.4.1.200 and 

20.4.1.1002, adopted August 5, 2003, effective October 1, 2003. 


sroberts on PROD1PC70 with RULES
12628 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

In this authorization of the State of 

New Mexico’s program revisions for the 

Used Oil provisions, there are no 

provisions that are more stringent or 

broader in scope. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

New Mexico will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. The EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits which we 

issued prior to the effective date of this 

authorization. We will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table in this document after the 

effective date of this authorization. The 

EPA will continue to implement and 

issue permits for HSWA requirements 

for which New Mexico is not yet 

authorized. 

J. What Is Codification and Is the EPA 

Codifying New Mexico’s Hazardous 

Waste Program as Authorized in This 

Rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart T for this 

authorization of New Mexico’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

K. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. This action 

authorizes State requirements for the 

purpose of RCRA 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, I 

certify that this action 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 action 

authorizes preexisting 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). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will 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), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, 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. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15,1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. 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 a rule must 

submit report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. The EPA will submit a 

report containing this document 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 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). This 

action will be effective May 26, 2009. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: March 5, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–6677 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8067] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 


sroberts on PROD1PC70 with RULES