Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3033 

13Letter from Glenn P. Kedzie, American 

Trucking Association to Robert M. Doyle, USEPA, 

dated January 27, 2005, Docket Entry 2005–0123– 

0014, and letter from Thomas James, Truck Rental 

and Leasing Association to Robert M. Doyle, 

USEPA, dated December 1, 2005, Docket entry 

OAR–2005–0123–0015. 

14EPA received testimony from: Michael Terris, 

Anthony Andreoni and Rod Hill, California Air 

Resources Board; Robert Digges, American Trucking 

Association; Corey England, C.R. England Co.; 

James Lyons, Sierra Research; Thomas James, Truck 

Rental and leasing Association, Andrew Stopka, 

National Lease Company; Thomas Richichi, 

Beveridge & Diamond Law Firm, on behalf of the 

American Trucking Association, and John Kaburick, 

Earl L. Henderson Trucking Company and on behalf 

of the Truckload Carriers Association. Written 

statements presented at this hearing and the hearing 

transcript appear in the Docket as Docket Entries 

OAR–2005–0123–0013 and OAR–2005–0123–0017 

through OAR–2005–0123–0023. 

15These comments can be found in the Docket as 

Docket entries OAR–2005–0123–0024 through 

OAR–2005–0123–0031. 

Truck Rental and Leasing Association,13

and a hearing was held on January 23, 

2006.14 In addition, EPA received 

written comments for the Docket of this 

proceeding from several commenters, 

including additional submissions from 

CARB and some of the parties who 

testified at the public hearing, 

submissions from the Owner-Operators 

Independent Drivers Association, the 

Truckload Carriers Association, the 

California Trucking Association, the 

Pacific Merchant Shipping Association, 

and the Agricultural and Food 

Transporters Conference of American 

Trucking Associations, and a 

supplemental submission from CARB 

responding to matters raised by some 

industry parties in their written 

comments.15 Accordingly, EPA has 

made this authorization decision based 

on the information submitted by CARB 

in its requests, and the information 

presented to the Agency at the public 

hearing and in the comments received 

after the hearing. 

C. Authorization Decision 

EPA received hearing testimony and 

written comments from industry parties 

who opposed the CARB request for 

authorization request on various 

grounds. After review of the information 

submitted by CARB and other parties to 

the record of this Docket, however, EPA 

finds that those opposing the 

authorization request have not met the 

burden of demonstrating that 

California’s regulations do not satisfy 

the statutory criteria of section 209(e). 

For this reason, EPA is granting 

California authorization to enforce its 

TRU ATCM regulations. A full 

explanation of EPA’s decision, 

including our review of comments 

received, is contained in our Decision 

Document, which may be obtained as 

explained above in the ‘‘Addresses’’ 

section of this Notice. 

My decision will affect not only 

persons in California but also persons 

outside the State who would need to 

comply with California’s TRU ATCM 

regulations to enter California with such 

engines. For this reason, I hereby 

determine and find that this is a final 

action of national applicability. 

Under section 307(b)(1) of the Act, 

judicial review of this final action may 

be sought only in the United States 

Court of Appeals for the District of 

Columbia Circuit. Petitions for review 

must be filed by March 17, 2009. Under 

section 307(b)(2) of the Act, judicial 

review of this final action may not be 

obtained in subsequent enforcement 

proceedings. 

As with past authorization decisions, 

this action is not a rule as defined by 

Executive Order 12866. Therefore, it is 

exempt from review by the Office of 

Management and Budget as required for 

rules and regulations by Executive 

Order 12866. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

Finally, the Administrator has 

delegated the authority to make 

determinations regarding authorizations 

under section 209(e) of the Act to the 

Assistant Administrator for Air and 

Radiation. 

Dated: January 9, 2009. 

Robert J. Meyers, 

Principal Deputy Assistant Administrator for 

Air and Radiation. 

[FR Doc. E9–907 Filed 1–15–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8589–6] 

Environmental Impact Statements and 

Regulations; Availability of EPA 

Comments 

Availability of EPA comments 

prepared pursuant to the Environmental 

Review Process (ERP), under section 

309 of the Clean Air Act and Section 

102(2)(c) of the National Environmental 

Policy Act as amended. Requests for 

copies of EPA comments can be directed 

to the Office of Federal Activities at 

202–564–7146. An explanation of the 

ratings assigned to draft environmental 

impact statements (EISs) was published 

in FR dated April 6, 2008 (73 FR 19833). 

Draft EISs 

EIS No. 20080445, ERP No. D–FTA– 

K59008–CA, Berkeley/Albany Ferry 

Terminal Study, Proposing to 

Implement New Ferry Service 

between Berkeley/Albany and the San 

Francisco Ferry Building, Funding, 

San Francisco Water Transit 

Authority (WETA), Berkeley/Albany, 

CA. 

Summary: EPA expressed 

environmental concerns about 

biological resource and dredging 

impacts. Rating EC2. 

Final EISs 

EIS No. 20080438, ERP No. F–FHW– 

K50014–CA, Doyle Drive Project, 

South Access to the Golden Gate 

Bridge, Propose to Improve Seismic, 

Structural, and Traffic Safety, Presidio 

of San Francisco, San Francisco 

County Transportation Authority, 

Marin and San Francisco Counties, 

CA. 

Summary: EPA continues to have 

environmental concerns about traffic 

and localized air quality impacts due to 

the scale and duration of construction 

activities. 

EIS No. 20080476, ERP No. F–COE– 

G39047–00, White River Minimum 

Flow Study, To Provide an Improved 

Minimum Flow for the Benefit of the 

Tail Water Fishery, White River Basin 

Lakes: Bull Shoal Lakes on the White 

River; Norfork Lake on the North Fork 

White River, AR. 

Summary: No formal comment letter 

was sent to the preparing agency. 

EIS No. 20080482, ERP No. F–DOE– 

A09800–00, PROGRAMMATIC— 

Designation of Energy Corridors in 11 

Western States, Preferred Location of 

Future Oil, Gas, and Hydrogen 

Pipelines and Electricity 

Transmission and Distribution 

Facilities on Federal Land, AZ, CA, 

CO, ID, MT, NV, NM, UT, WA, and 

WY. 

Summary: While the final 

Programmatic EIS provided additional 

information on the interagency 

operating procedures (IOPs) and 

impacts to visual resources areas, EPA 

continues to have environmental 

concerns about the potential impacts to 

wetlands in the designated corridors. 

EIS No. 20080483, ERP No. F–FHW– 

D40184–MO, MO–34 Improvement, 

mstockstill on PROD1PC66 with NOTICES

3034 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

from U.S. Routes 60/21 Intersection in 

Carter County to Routes 34/72 

Intersection in Cape Girardeau 

County, Funding, U.S. Army COE 

Section 404 Permit, Carter, Bollinger, 

Reynolds, Wayne, and Cape Girardeau 

Counties, MO. 

Summary: EPA does not object to the 

proposed action; however, we requested 

clarification on the number and length 

of jurisdictional streams. 

EIS No. 20080490, ERP No. F–BPA– 

L91030–WA, Lyle Falls Fish Passage 

Project, To Improve Fish Passage to 

Habitat in the Upper Part of the 

Watershed, Located on the Lower 

Klickitat River, Klickitat County, WA. 

Summary: The Final EIS adequately 

responded to our previous comments; 

therefore, EPA does not object to the 

preferred action. 

EIS No. 20080493, ERP No. F–BLM– 

G65105–NM, Socorro Resource 

Management Plan Revision, 

Implementation, Socorro and Catron 

Counties, NM. 

Summary: No formal comment letter 

was sent to the preparing agency. 

EIS No. 20080500, ERP No. F–DHS– 

A10077–00, National Bio and AgroDefense Facility, Preferred Alternative 

is (2) Manhattan Campus Site, 

Propose to Site, Construct and 

Operate at one of the Proposed 

Locations: (1) South Milledge Avenue 

Site, Clarke County, GA; (2) 

Manhattan Campus Site, Riley 

County, KS; (3) Flora Industrial Park 

Site, Madison County, MS; (4) Plum 

Island Site, Suffolk County, NY; (5) 

Umstead Research Park Site, Granville 

County, NC; and (6) Texas Research 

Park Site, Bexar and Medina Counties, 

TX. 

Summary: No formal comment letter 

was sent to the preparing agency. 

Dated: January 13, 2009. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. E9–908 Filed 1–15–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8589–05] 

Environmental Impacts Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–1399 or http://www.epa.gov/ 

compliance/nepa/. 

Weekly receipt of Environmental Impact 

Statements. 

Filed 01/05/2009 through 01/09/2009. 

Pursuant to 40 CFR 1506.9. 

EIS No. 20090001, Final EIS, FHW, IA, 

Southeast (SE) Connector in Des 

Moines, Iowa, To Provide a Safe and 

Efficient Link between the MLK Jr. 

Parkway at SE 14th Street to the U.S. 

65 Bypass, Funding, U.S. Army COE 

Section 404 and NPDES Permits, Polk 

County, IA, Wait Period Ends: 02/17/ 

2009, Contact: Philip Barnes 515– 

233–7300. 

EIS No. 20090002, Draft EIS, USN, VA, 

Norfolk Harbor Channel, Proposed 

Dredging to Deepen Five Miles of the 

Federal Navigation Channel in the 

Elizabeth River from Lamberts Bend 

to the Norfolk Naval Shipyard (NNS), 

Norfolk and Portsmouth, VA, 

Comment Period Ends: 03/02/2009, 

Contact: John Conway 904–542–6159. 

EIS No. 20090003, Final EIS, FHW, NY, 

Fort Drum Connector Route Project, 

Proposed Link between I–81 and U.S. 

Route 11 at the Fort Drum North Gate, 

Town of Le Ray and Pamela, Jefferson 

County, NY, Wait Period Ends: 02/17/ 

2009, Contact: Jeffrey W. Kalb 518– 

431–4127. 

EIS No. 20090004, Draft EIS, NPS, MO, 

Jefferson National Expansion 

Memorial, General Management Plan, 

Implementation, St. Louis, MO, 

Comment Period Ends: 03/16/2009, 

Contact: Tom Bradley 314–655–1600. 

EIS No. 20090005, Draft EIS, BLM, CO, 

Red Cliff Mine Project, Construct a 

New Underground Coal Mine on 

Private and Federal Lands, Federal 

Coal Lease by Application, Mesa and 

Garfield County, CO, Comment Period 

Ends: 03/16/2009, Contact: Glenn 

Wallace 303–239–3736. 

EIS No. 20090006, Final EIS, MMS, 00, 

Cape Wind Energy Project, 

Construction, Operation and 

Maintenance, and Decommissioning 

of an Electric Generation Facility, 

Barnstable, Nantucket and Duke 

Counties, MA and Washington 

County, RI, Wait Period Ends: 02/17/ 

2009, Contact: Dr. Rodney E. Cluck 

703–787–1087. 

Dated: January 13, 2009. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. E9–902 Filed 1–15–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission, 

Comments Requested 

January 9, 2009. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, 44 U.S.C. 3501–3520. 

An agency may not conduct or sponsor 

a collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid control number. 

Comments are requested concerning (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before March 17, 2009. 

If you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, (202) 395– 

5887, or via fax at 202–395–5167 or via 

internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Judith-B.Herman@fcc.gov, Federal 

Communications Commission, and an email to PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Judith B. 

Herman at 202–418–0214 or via the 

Internet at Judith-B.Herman@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0718. 

Title: Part 101, Governing the 

Terrestrial Microwave Fixed Radio 

Service. 

mstockstill on PROD1PC66 with NOTICES