63616 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 63 

Administrative practice and 

procedure, Air pollution control, 

National Emission Standards for 

Hazardous Air Pollutants, Hazardous air 

pollutants. 

Dated: November 16, 2009. 

J. Scott Gordon, 

Acting Regional Administrator, Region 4. 

■ Title 40, chapter I, part 63 of the Code 

of Federal Regulations is amended as 

follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart E—Approval of State 

Programs and Delegation of Federal 

Authorities 

■ 2. Section 63.99 is amended by adding 

a new paragraph (a)(34)(iii) to read as 

follows: 

§ 63.99 Delegated Federal authorities. 

(a) * * * 

(34) * * * 

(iii) North Carolina Department of 

Environment and Natural Resources (NC 

DENR) may implement and enforce 

alternative requirements in the form of 

title V permit terms and conditions for 

New South Lumber Company, Inc. 

Graham Plant, Alamance County, North 

Carolina; HDM Furniture Industries, 

Inc., Henredon Furniture Plant 1 & 2, 

Burke County, North Carolina; Kohler 

Co., DBA Baker Furniture, Burke 

County, North Carolina; Bernhardt 

Furniture Company Plants 3 & 7, 

Caldwell County, North Carolina; 

Thomasville Furniture Industries, Inc., 

Lenoir Plant, Caldwell County, North 

Carolina; Kincaid Furniture Company, 

Inc., Plant No. 1, Caldwell County, 

North Carolina; Hickory Chair 

Company, Catawba County, North 

Carolina; Uniboard USA LLC, Chatham 

County, North Carolina; Georgia Pacific 

Whiteville Plant, Columbus County, 

North Carolina; West Fraser, Inc., 

Armour Lumber Mill, Columbus 

County, North Carolina; Weyerhaeuser 

NR Company, New Bern Lumber 

Facility, Craven County, North Carolina; 

Linwood Furniture, Inc., Davidson 

County, North Carolina; Warvel 

Products, Inc., Davidson County, North 

Carolina; Thomasville Furniture 

Industries, Inc., Plant C/M/W/SB, 

Davidson County, North Carolina; 

Lexington Furniture Inc., Plant 5, 

Davidson County, North Carolina; 

Stanley Furniture Company, Inc., 

Graham County, North Carolina; Georgia 

Pacific, Creedmoor Chip-N-Saw Plant, 

Granville County, North Carolina; JELD– 

WEN, Inc., McDowell County, North 

Carolina; Weyerhaeuser NR Company, 

Martin County, North Carolina; Jordan 

Lumber & Supply Co., Montgomery 

County, North Carolina; Troy Lumber 

Co., Montgomery County, North 

Carolina; Unilin Flooring N.V., 

Montgomery County, North Carolina; 

West Fraser, Seaboard Lumber Mill, 

Northampton County, North Carolina; 

Georgia Pacific Roxboro, Person County, 

North Carolina; Louisiana Pacific Corp., 

Roxboro, Person County, North 

Carolina; Weyerhaeuser Company, 

Grifton, Pitt County, North Carolina; 

Vaughan Bassett Furniture Co., Elkin 

Furniture, Surry County, North 

Carolina; Weyerhaeuser NR Company, 

Elkin Facility, Surry County, North 

Carolina; Georgia Pacific Plywood/OSB/ 

CNS, Dudley, Wayne County, North 

Carolina; Louisiana Pacific Corp., 

Roaring River, Wilkes County, North 

Carolina; and American Drew, Inc., 

Plant 13, Wilkes County, North 

Carolina, for subpart DDDD of this PartNational Emissions Standards for 

Hazardous Air Pollutants: Plywood and 

Composite Wood Products. This action 

is contingent upon NC DENR including, 

in title V permits, terms and conditions 

that are no less stringent than the 

Federal standard. In addition, the 

requirements applicable to the sources 

remain the Federal section 112 

requirements until EPA has approved 

the alternative permit terms and 

conditions and the final title V permit 

is issued. 

* * * * * 

[FR Doc. E9–28969 Filed 12–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2008–0575, EPA–HQ– 

SFUND–2008–0576, EPA–HQ–SFUND–2008– 

0577, EPA–HQ–SFUND–2008–0585, EPA– 

HQ–SFUND–2008–0580, EPA–HQ–SFUND– 

2008–0581, EPA–HQ–SFUND–2008–0582, 

EPA–HQ–SFUND–2008–0583, EPA–HQ– 

SFUND–2008–0083, FRL–8790–1] 

RIN 2050–AD75 

National Priorities List, Final Rule No. 

46 

Correction 

In rule document E9–7825 beginning 

on page 16126 in the issue of Thursday, 

April 9, 2009 make the following 

correction: 

Appendix B to Part 300 [Corrected] 

On page 16134, in Appendix B to Part 

300, the table entitled TABLE 1—GENERAL

SUPERFUND SECTION has been corrected 

to read as follows: 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/county Notes a

* * * * * * * 

FL ..................... Arkla Terra Property ..................................................................................................................... Thonotosassa. 

* * * * * * * 

FL ..................... Raleigh Street Dump .................................................................................................................... Tampa. 

* * * * * * * 

IN ...................... U.S. Smelter and Lead Refinery, Inc ........................................................................................... East Chicago. 

* * * * * * * 

OH .................... Behr Dayton Thermal System VOC Plume ................................................................................. Dayton. 

* * * * * * * 

OH .................... New Carlisle Landfill .................................................................................................................... New Carlisle. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 63617 

TABLE 1—GENERAL SUPERFUND SECTION—Continued 

State Site name City/county Notes a

* * * * * * * 

PA ..................... BoRit Asbetos .............................................................................................................................. Ambler. 

* * * * * * * 

SC .................... Barite Hill/Nevada Goldfields ....................................................................................................... McCormick. 

* * * * * * * 

TX ..................... Attebury Grain Storage Facility .................................................................................................... Happy. 

* * * * * * * 

[FR Doc. Z9–7825 Filed 12–3–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 2, 24, 30, 70, 90, 114, 175, 

and 188 

[USCG–2008–1107] 

RIN 1625–ZA21 

Shipping; Vessel Inspections; 

Technical and Conforming 

Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: This rule makes a nonsubstantive change to the definition of 

‘‘ferry’’ in 46 CFR. The purpose of this 

rule is to incorporate into Coast Guard 

regulations the statutory definition of 

‘‘ferry’’ found at 46 U.S.C. 2101(10)(b), 

as amended by the Coast Guard and 

Maritime Transportation Act of 2006. 

This rule will have no substantive effect 

on ferry vessel owners or operators or 

other members of the public. 

DATES: This final rule is effective 

December 4, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–1107 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://regulations.gov, inserting 

USCG–2008–1107 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Reed Kohberger, Coast 

Guard Headquarters, Washington, DC, 

telephone 202–372–1471, 

Reed.H.Kohberger@uscg.mil. If you have 

questions on viewing the docket, call 

Ms. Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–493– 

0402. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Background and Purpose 

IV. Regulatory Analysis 

A. Regulatory Planning and Review 

B. Small Entities 

C. Collection of Information 

D. Federalism 

E. Unfunded Mandates Reform Act 

F. Taking of Private Property 

G. Civil Justice Reform 

H. Protection of Children 

I. Indian Tribal Governments 

J. Energy Effects 

K. Technical Standards 

L. Environment 

I. Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland 

Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

U.S.C. United States Code 

II. Regulatory History 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(3)(B), 

the Coast Guard finds that good cause 

exists for not publishing an NPRM for 

the revision in the rule because it is a 

non-substantive change. These changes 

will have no substantive effect on the 

public beyond what is already required 

by statute; therefore, it is unnecessary to 

publish an NPRM because these 

regulatory revisions are already 

mandated by law. Notice and public 

procedures are unnecessary because 

public comment on this rulemaking will 

have no effect on the statute that these 

rules incorporate. This rule does not 

create any substantive requirements, but 

merely incorporates a technical change 

to a statutory definition into the CFR. 

See, Gray Panthers Advocacy 

Committee v. Sullivan, 936 F.2d 1284, 

1291 (D.C. Cir. 1991) (when regulations 

merely restate the statute they 

implement, notice-and-comment 

procedures are unnecessary); Komjathy 

v. National Transportation Safety Bd., 

832 F.2d 1294, 1297 (D.C.Cir.1987), cert. 

denied, 486 U.S. 1057, 108 S.Ct. 2825, 

100 L.Ed.2d 926 (1988) (‘‘The fact that 

the regulation merely reiterates the 

statutory language precludes any serious 

argument that the regulation affects the 

agency or holders of airman certificates 

in such a way as to require notice-andcomment procedures pursuant to 5 

U.S.C. 553.’’) Under 5 U.S.C. 

553(b)(3)(A), the Coast Guard also finds 

that this rule is exempt from notice and 

comment rulemaking requirements 

because these provisions involve agency 

organization, procedures, and practices. 

This final rule merely restates the 

revised statutory definition for the 

inspection and certification of ferry 

vessels. The Coast Guard already 

ensures that these vessels comply with 

the vessel inspection laws and 

regulations. It is necessary for Coast 

Guard inspection personnel to be aware 

of this new statutory mandate and for 

Coast Guard procedures used by local 

Coast Guard inspection offices to be 

modified where necessary to reflect this 

change in the law. These amendments 

place this new statutory mandate into 

Coast Guard regulations that are used by 

inspection personnel. This rule consists 

only of corrections and editorial, 

organizational, and conforming 

amendments. 

The rule is effective immediately 

notwithstanding 5 U.S.C. 553(d) because 

it is not a substantive rule. 


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