13170 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to make a determination based 

on air quality data and would, if 

finalized, result in the suspension of 

certain Federal requirements, and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed 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 proposes to determine that air 

quality in the affected area is meeting 

Federal standards. 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 because it would be inconsistent 

with applicable law for EPA, when 

determining the attainment status of an 

area, to use voluntary consensus 

standards in place of promulgated air 

quality standards and monitoring 

procedures that otherwise satisfy the 

provisions of the Clean Air Act. This 

proposed 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.). 

Under Executive Order 12898, EPA 

finds that this rule involves a proposed 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

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

Dated: March 5, 2009. 

Lawrence Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–6598 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0359–200823(b); 

FRL–8781–6] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Alabama State Implementation Plan; 

Birmingham and Jackson Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Alabama State 

Implementation Plan (SIP) for two 

separate areas: Birmingham 

nonattainment area and Jackson County 

nonattainment area for both the 8-hour 

ozone and the PM2.5 National Ambient 

Air Quality Standard. On March 7, 

2007, and on January 8, 2009, revisions 

of the transportation conformity criteria 

and procedures related to interagency 

consultation and enforceability of 

certain transportation-related control 

measures and mitigation measures were 

submitted to EPA for approval by the 

State of Alabama. The intended effect is 

to update the transportation conformity 

criteria and procedures in the Alabama 

SIP. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

DATES: Written comments must be 

received on or before April 27, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–0359, by one of the 

following methods: 

(a) http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

(b) E-mail: wood.amanetta@epa.gov. 

(c) Fax: (404) 562–9019. 

(d) Mail: ‘‘EPA–R04–OAR–2007– 

0359,’’ Air Quality Modeling and 

Transportation Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

(e) Hand Delivery or Courier: 

Amanetta Wood, Air Quality Modeling 

and Transportation Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Amanetta Wood of the Air Quality 

Modeling and Transportation Section at 

the Air Planning Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Ms. 

Wood’s telephone number is 404–562– 

9025. She can also be reached via 

electronic mail at 

wood.amanetta@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

Dated: February 25, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–6644 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R09–OAR–2008–0942; FRL–8781–1] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Control of 

Emissions From Existing Other Solid 

Waste Incinerator Units; Arizona; Pima 

County Department of Environmental 

Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a negative declaration submitted by the 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 13171 

1Bryan, Texas, 23 FCC Rcd 16440 (Vid. Div. 

2008). 

2Comcorp is filing a new petition for rulemaking 

because the time period for filing a petition for 

reconsideration of the original amendment to the 

Post-Transition DTV Table of Allotments has 

expired. 

Pima County Department of 

Environmental Quality. The negative 

declaration certifies that other solid 

waste incinerator units, which are 

subject to the requirements of sections 

111(d) and 129 of the Clean Air Act, do 

not exist within the agency’s air 

pollution control jurisdiction. 

DATES: Any comments on this proposal 

must arrive by April 27, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2008–0942, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses a Clean Air Act 

section 111(d)/129 negative declaration 

submitted by the Pima County 

Department of Environmental Quality 

certifying that other solid waste 

incinerator units do not exist within its 

air pollution control jurisdiction. This 

negative declaration was submitted on 

April 14, 2008. For further information, 

please see the information provided in 

the direct final action, with the same 

title, that is located in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register publication. If no adverse 

comments are received in response to 

this action, no further activity will be 

contemplated. If adverse comments are 

received, then EPA will publish a timely 

withdrawal of the direct final rule and 

address the comments in subsequent 

action based on this proposed rule. 

Please note that if we receive adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

EPA will not institute a second 

comment period. Any parties interested 

in commenting on this action should do 

so at this time. 

Dated: February 18, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–6626 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–606; MB Docket No. 09–34; RM– 

11522] 

Television Broadcasting Services; 

Bryan, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission requests 

comments on a channel substitution 

proposed by Comcorp of Bryan License 

Corp. (‘‘Comcorp’’), the licensee of 

station KYLE–DT, post-transition DTV 

channel 29, Bryan, Texas. On June 20, 

2008, Comcorp filed a petition for 

rulemaking in which it requested 

permission to substitute DTV channel 

29 for its originally assigned DTV 

channel 28 at Bryan, as well to move its 

transmitter location and make 

associated technical changes. The staff 

granted the request on November 5, 

2008.1 By this petition, Comcorp seeks 

permission to return to its previously 

allotted DTV channel 28 at its original 

technical specifications.2

DATES: Comments must be filed on or 

before April 10, 2009, and reply 

comments on or before April 20, 2009. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Scott S. Patrick, Esq., Dow Lohnes 

PLLC, 1200 New Hampshire Avenue, 

NW., Suite 800, Washington, DC 20036– 

6802. 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, david.brown@fcc.gov, 

Media Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–34, adopted March 16, 2009, and 

released March 17, 2009. The full text 

of this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC, 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 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 does 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).