Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Rules and Regulations 53889 

1See 49 CFR 1201.1–1(a). 2See 49 CFR 213.121(e), stating that, in the case 

of CWR, each rail shall be bolted with at least two 

bolts at each joint. This is a total of four bolts 

required at each joint. 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: August 26, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(354)(i)(E)(5) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(E) * * * 

(5) Rule 4703, ‘‘Stationary Gas 

Turbines,’’ adopted on September 20, 

2007. 

* * * * * 

[FR Doc. E9–25173 Filed 10–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 213 

[Docket No. FRA–2008–0036] 

RIN 2130–AB90 

Track Safety Standards; Continuous 

Welded Rail (CWR) 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Correcting amendment. 

SUMMARY: FRA published a final rule in 

the Federal Register on August 25, 

2009, revising the Track Safety 

Standards. The final rule included 

compliance dates for Class I, II, and III 

railroads only. The final rule 

inadvertently omitted compliance dates 

for commuter railroads, intercity 

passenger railroads, and any other 

additional railroads that have 

continuous welded rail (CWR). This 

document corrects the final rule by 

including compliance dates for the 

omitted railroads and amending a 

reference to the effective date in the rule 

text. 

DATES: Effective date: This correcting 

amendment is effective October 21, 

2009. Compliance dates: October 9, 

2009 for Class I railroads; November 23, 

2009 for Class II railroads, commuter 

railroads, and intercity passenger 

railroads; and February 22, 2010 for 

Class III railroads and any other 

additional railroads with CWR. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Rusk, Staff Director, Office of 

Railroad Safety, FRA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

(telephone: (202) 493–6236); or Sarah 

Grimmer Yurasko, Trial Attorney, Office 

of the Chief Counsel, FRA, 1200 New 

Jersey Avenue, SE., Washington, DC 

20950 (telephone: (202) 493–6390). 

SUPPLEMENTARY INFORMATION: So that the 

agency would be better able to review 

CWR plans as required by the final rule 

published August 25, 2009 (74 FR 

42988), FRA determined that there are 

three different compliance dates for 

railroads containing CWR, based on the 

railroad size.1 In the final rule, FRA 

stated that the compliance date for Class 

I railroads is October 9, 2009 (45 days 

after the publication date), the 

compliance date for Class II railroads is 

November 23, 2009 (90 days after the 

publication date), and the compliance 

date is February 22, 2010 (180 days after 

the publication date) for Class III 

railroads. FRA inadvertently left 

commuter railroads, intercity passenger 

railroads, and any other additional 

railroads with CWR track out of the 

compliance schedule; therefore, FRA is 

now clarifying that the compliance date 

for commuter railroads and intercity 

passenger railroads is November 23, 

2009, and the compliance date for any 

other additional railroads with CWR is 

February 22, 2010. 

Due to this inadvertent error, FRA is 

also changing the date listed at 49 CFR 

213.119(c)(2). This paragraph states that, 

in the case of a bolted joint installed 

during CWR installation after August 

25, 2009 (the publication date of the 

final rule), within 60 days the track 

owner must either: (1) Weld the joint; 

(2) install a joint with six bolts; 2 or (3) 

anchor every tie 195 feet in both 

directions of the joint. 

List of Subjects in 49 CFR Part 213 

Penalties, Railroad safety, Reporting 

and recordkeeping requirements. 

■ Accordingly, 49 CFR part 213 is 

corrected by making the following 

correcting amendment: 

PART 213—TRACK SAFETY 

STANDARDS 

■ 1. The authority citation for part 213 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20114 and 

20142; 28 U.S.C. 2461, note; and 49 CFR 

1.49(m). 

§ 213.119 [Amended] 

■ 2. In § 213.119(c)(2), remove the date 

of ‘‘August 25, 2009’’, and add in its 

place ‘‘October 21, 2009’’. 

Issued in Washington, DC, on September 

30, 2009. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. E9–25278 Filed 10–20–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 622 

[Docket No. 0910141365–91366–01] 

RIN 0648–AY21 

Sea Turtle Conservation; Fisheries of 

the Caribbean, Gulf of Mexico, and 

South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This rule implements an area 

closure and associated gear restrictions 

applicable to the bottom longline 

component of the reef fish fishery in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico to reduce incidental take 

and mortality of sea turtles. Specifically, 

this rule prohibits the use of bottom 

longline gear for the harvest of reef fish 

shoreward of a line approximating the 

35–fathom depth contour in the eastern 

Gulf of Mexico and limits bottom 

longline vessels operating in the reef 

fish fishery east of longitude 85°30′W to 

1,000 hooks onboard, of which only 750 


sroberts on DSKD5P82C1PROD with RULES