Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 18297 

Management Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the temporary establishment of 

a safety zone. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295; 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add a new temporary § 165.T11– 

173 to read as follows: 

§ 165.T11–173 Safety Zone; April to May 

Naval Underwater Detonation; Northwest 

Harbor, San Clemente Island, CA. 

(a) Location. The limits of the safety 

zone will include the navigable waters 

of the Northwest Harbor of San 

Clemente Island bounded by the 

following coordinates: 33.02′06′′ N, 

118.35′36′′ W; 33.02′00′′ N, 118.34′36′′ 

W; thence along the coast of San 

Clemente Island to 33.02′06′′ N, 

118.35′36′′ W. 

(b) Enforcement Period. This section 

will be enforced from 12 a.m. on April 

1, 2009 through 12 a.m. on June 1, 2009. 

If the training is concluded prior to the 

scheduled termination time, the COTP 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

any Commissioned, Warrant, or Petty 

Officer of the Coast Guard, Coast Guard 

Auxiliary, or local, state, and federal 

law enforcement vessels who have been 

authorized to act on the behalf of the 

COTP. 

(2) Non-authorized personnel and 

vessels, means any civilian boats, 

fishermen, divers, and swimmers. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the COTP San Diego or his designated 

representative. 

(2) Non-authorized personnel and 

vessels requesting permission to transit 

through the safety zone may request 

authorization to do so from the COTP 

San Diego or his designated 

representative. They may be contacted 

on VHF–FM Channel 16, or at telephone 

number (619) 278–7033. 

(3) Naval units involved in the 

exercise are allowed in confines of the 

established safety zone. 

(4) All persons and vessels shall 

comply with the instructions of the 

Coast Guard COTP or his designated 

representative. 

(5) Upon being hailed by U.S. Coast 

Guard or other official personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. 

(6) The Coast Guard may be assisted 

by other federal, state, or local agencies 

and the U.S. Navy. 

Dated: March 27, 2009. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. E9–9166 Filed 4–21–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 233 

Mail Covers 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The U.S. Postal Service is 

amending the Code of Federal 

Regulations to revise the definitions of 

sealed mail and unsealed mail to reflect 

current classifications. 

DATES: Effective Date: June 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Katz, Inspector in Charge, 

Office of Counsel, U.S. Postal Inspection 

Service, 202–268–7732. 

SUPPLEMENTARY INFORMATION: The 

current mail cover regulations provide 

definitions for sealed and unsealed 

mail. Certain words used (e.g., secondclass, third-class, and fourth-class mail) 

no longer reflect current classifications. 

The definitions of sealed and unsealed 

mail are revised to mirror mail 

classification definitions found in the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual, 

and in the International Mail Manual. 

List of Subjects in 39 CFR Part 233 

Administrative practice and 

procedure, Crime, Law enforcement, 

Penalties, Privacy. 

■ For the reasons stated in the preamble, 

the Postal Service amends 39 CFR part 

233 as set forth below: 

PART 233—[AMENDED] 

■ 1. The authority citation for part 233 

continues to read as follows: 

Authority: 39 U.S.C. 101, 102, 202, 204, 

401, 402, 403, 404, 406, 410, 411, 1003, 

3005(e)(1); 12 U.S.C. 3401–3422; 18 U.S.C. 

981, 1956, 1957, 2254, 3061; 21 U.S.C. 881; 

Omnibus Budget Reconciliation Act of 1996, 

sec. 662 (Pub. L. 104–208). 

■ 2. In § 233.3, the definitions of sealed 

mail and unsealed mail in paragraphs 

(c)(3) and (c)(4) are revised to read as 

follows; 

§ 233.3 Mail covers. 

* * * * * 

(c) * * * 

(3) Sealed mail is mail which under 

postal laws and regulations is included 

within a class of mail maintained by the 

Postal Service for the transmission of 

letters sealed against inspection. Sealed 

mail includes: First-Class Mail; Priority 

Mail; Express Mail; Express Mail 

International; Global Express 

Guaranteed items containing only 

documents; Priority Mail International 

flat-rate envelopes and small flat-rate 

boxes; International Priority Airmail, 

except M-bags; International Surface Air 

Lift, except M-bags; First-Class Mail 

International; Global Bulk Economy, 

except M-bags; certain Global Direct 

mail as specified by customer contract; 

and International Transit Mail. 

(4) Unsealed mail is mail which 

under postal laws or regulations is not 

included within a class of mail 

maintained by the Postal Service for the 

transmission of letters sealed against 

inspection. Unsealed mail includes: 

Periodicals; Standard Mail; Package 

Services; incidental First-Class Mail 

attachments and enclosures; Global 

Express Guaranteed items containing 

non-documents; Priority Mail 

International, except flat-rate envelopes 

and small flat-rate boxes; International 

Direct Sacks—M-bags; certain Global 

Direct mail as specified by customer 

contract; and all items sent via ‘‘Free 

Matter for the Blind or Handicapped’’ 


dwashington3 on PROD1PC60 with RULES
18298 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 

under 39 U.S.C. 3403–06 and 

International Mail Manual 270. 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–9158 Filed 4–21–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0528; FRL–8895–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Reasonable Further Progress Plan, 

Motor Vehicle Emissions Budgets, and 

2002 Base Year Emissions Inventory; 

Houston-Galveston-Brazoria 1997 

8-Hour Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Texas State Implementation Plan 

(SIP) to meet the Reasonable Further 

Progress (RFP) and Emissions Inventory 

requirements of the Clean Air Act (CAA) 

for the Houston-Galveston-Brazoria 

(HGB) moderate 1997 8-hour ozone 

nonattainment area. EPA is also 

approving the RFP motor vehicle 

emissions budgets (MVEBs) associated 

with the revision. EPA is approving the 

SIP revision because it satisfies the RFP 

and Emissions Inventory requirements 

for 1997 8-hour ozone nonattainment 

areas classified as moderate and 

demonstrates the required progress in 

reducing ozone precursors. EPA is 

approving the revision pursuant to 

section 110 and part D of the CAA and 

EPA’s regulations. 

DATES: This direct final rule will be 

effective June 22, 2009 without further 

notice unless EPA receives relevant 

adverse comments by May 22, 2009. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2007–0528, by one of the 

following methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2007–0528. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The 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 www.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, 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. 

Docket: All documents in the docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Emad Shahin, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–6717; fax number 

214–665–7263; e-mail address 

shahin.emad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean 

the EPA. 

Outline 

I. What Action Is EPA Taking? 

II. What Is a SIP? 

III. What Is the Background for This Action? 

IV. What Is EPA’s Evaluation of the Revision? 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

We are approving a revision to the 

Texas SIP, submitted to meet the 

Emissions Inventory and RFP 

requirements of the CAA for the HGB 

moderate 1997 8-hour ozone 

nonattainment area. The revision was 

adopted by the State of Texas on May 

23, 2007 and submitted to EPA on May 

30, 2007. We are approving the 2002 

Base Year Emissions Inventory, the 15% 

RFP plan, and the RFP 2008 MVEBs. 

The RFP plan demonstrates that oxides 

of nitrogen (NOX) emissions will be 


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