54754 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations 

1See Administrative Conference of the United 

States Recommendation 95–4, Procedures for 

Noncontroversial and Expedited Rulemaking, 60 FR 

43110–13, August 18, 1995. 

payments made in accordance with 

section 2771 of title 10, United States 

Code for deceased claimants. 

(g) The mean and median processing 

times from receipt of claim to payment. 

§ 279.6 Reporting. 

The Department of Defense shall 

provide a consolidated report to the 

congressional defense committees on 

the implementation of Section 310 of 

Pub. L. 111–32. As such, the Under 

Secretary of Defense for Personnel and 

Readiness, in coordination with the 

Under Secretary of Defense 

(Comptroller), will establish data 

formats and narrative requirements for a 

cumulative quarterly report beginning 

January 21, 2010, to monitor the 

program and the remaining balance of 

funding appropriated for this purpose. 

Dated: October 21, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–25664 Filed 10–21–09; 4:15 pm] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2009–0913] 

Drawbridge Operation Regulations; 

Upper Mississippi River, Clinton, IA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District has issued a 

temporary deviation from the regulation 

governing the operations of the Clinton 

Railroad Drawbridge across the Upper 

Mississippi River, Mile 518.0, Clinton, 

Iowa. The deviation is necessary to 

allow time for performing needed 

maintenance and repairs to the bridge. 

This deviation allows the bridge to open 

on signal if at least 24 hours’ advance 

notice is given from 12:01 a.m., 

December 15, 2009 until 9 a.m., March 

15, 2010. 

DATES: This deviation is effective from 

12:01 a.m., December 15, 2009 until 9 

a.m., March 15, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0913 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0913 in the ‘‘Keyword’’ 

and then clicking ‘‘Search’’. They are 

also 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Roger K. Wiebusch, Bridge 

Administrator, Coast Guard; telephone 

(314) 269–2378, e-mail 

Roger.K.Wiebusch@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The Union 

Pacific Railroad Company requested a 

temporary deviation for the Clinton 

Railroad Drawbridge, across the Upper 

Mississippi, mile 518.0, at Clinton, Iowa 

to open on signal if at least 24 hours’ 

advance notice is given in order to 

facilitate needed bridge maintenance 

and repairs. The Clinton Railroad 

Drawbridge currently operates in 

accordance with 33 CFR 117.5, which 

states the general requirement that 

drawbridges shall open promptly and 

fully for the passage of vessels when a 

request to open is given in accordance 

with the subpart. In order to facilitate 

the needed bridge work, the drawbridge 

must be kept in the closed-to-navigation 

position. This deviation allows the 

bridge to open on signal if at least 24 

hours’ advance notice is given from 

12:01 a.m. December 15, 2009 until 9 

a.m., March 15, 2010. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Clinton Railroad Drawbridge, in 

the closed-to-navigation position, 

provides a vertical clearance of 18.7 feet 

above normal pool. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft. This temporary deviation has 

been coordinated with waterway users. 

No objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge shall return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: October 6, 2009. 

Roger K. Wiebusch, 

Bridge Administrator. 

[FR Doc. E9–25598 Filed 10–22–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3030 

[Docket No. RM2010–2; Order No. 314] 

Modification of Complaint Rules 

AGENCY: Postal Regulatory Commission. 

ACTION: Direct final rule. 

SUMMARY: Under new rules, postal 

complaints must be served on both the 

Commission and the Postal Service. 

This document informs the public of a 

change in the email account for service 

on the Postal Service. 

DATES: This rule is effective December 2, 

2009 without further action, unless 

adverse comment is received by 

November 23, 2009. If adverse comment 

is received, the Commission will 

publish a timely withdrawal of the rule 

in the Federal Register. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at 

http://www.prc.gov. Commenters who 

cannot submit their views electronically 

should contact the person identified in 

FOR FURTHER INFORMATION CONTACT by 

telephone for advice on alternatives to 

electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory History, 74 FR 16734 

(April 10, 2009). 

Section 3030.11 of the Commission’s 

rules, 39 CFR 3030.11, specifies that 

complainants must serve their 

complaints on the Postal Service via 

email at a specified email address. This 

order changes the email address 

referenced in 39 CFR 3030.11. To 

accurately reflect the current status, the 

email address listed in that section is, 

by this order, changed from 

‘‘Sandra.t.broadus@usps.gov’’ to 

‘‘PRCCOMPLAINTS@usps.gov.’’ 

Notice and effective date. Given the 

nature and limited extent of this change, 

the Commission is adopting it as a 

direct final rule. This rule is effective 40 

days after publication in the Federal 

Register without further Commission 

action, unless the Commission receives 

adverse comment within 30 days of 

publication in the Federal Register.1 If 

adverse comment is received, the 

Commission will publish a timely 

withdrawal of the rule in the Federal 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations 54755 

Register. The Commission directs the 

Secretary to arrange for publication of 

this order in the Federal Register. 

It is ordered: 

1. The Commission adopts the direct 

final rule that follows the Secretary’s 

signature into the Commission’s Rules 

of Practice and Procedure. 

2. Interested persons may submit 

comments within 30 days of publication 

in the Federal Register. 

3. The Secretary shall arrange for 

publication of this order in the Federal 

Register. These actions will take effect 

40 days after publication in the Federal 

Register. 

List of Subjects in 39 CFR Part 3030 

Administrative practice and 

procedure; Postal Service. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

■ For the reasons stated in the preamble, 

under the authority at 39 U.S.C. 503, the 

Postal Regulatory Commission amends 

chapter III of title 39 of the Code of 

Federal Regulations as follows: 

PART 3030—RULES FOR 

COMPLAINTS 

■ 1. The authority citation for part 3030 

continues to read as follows: 

Authority: 39 U.S.C. 503; 3662. 

■ 2. Revise § 3030.11 to read as follows: 

§ 3030.11 Service. 

Any person filing a complaint must 

simultaneously serve a copy of the 

complaint on the Postal Service at the 

following address: 

PRCCOMPLAINTS@usps.gov. A 

complaint is not deemed filed until it is 

served on the Postal Service. A waiver 

may be obtained pursuant to § 3001.9(a) 

of this chapter. 

[FR Doc. E9–25343 Filed 10–22–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–KY–0003; FRL–8972– 

2] 

Approval and Promulgation of 

Implementation Plans; Kentucky: NOX

SIP Call Phase II 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) revisions submitted by the 

Commonwealth of Kentucky on 

September 12, 2005, and March 24, 

2006. The first revision provides 

Kentucky’s response to EPA’s 

regulations entitled, ‘‘Finding of 

Significant Contribution and 

Rulemaking for Certain States in Ozone 

Transport Assessment Group Region for 

Purposes of Reducing Regional 

Transport of Ozone,’’ otherwise known 

as the ‘‘Nitrogen Oxides (NOX) SIP Call 

Phase I.’’ The second revision responds 

to EPA’s regulations entitled, ‘‘Interstate 

Ozone Transport: Response to Court 

Decisions on the NOX SIP Call, NOX SIP 

Call Technical Amendments, and 

Section 126 Rules,’’ otherwise known as 

the ‘‘NOX SIP Call Phase II.’’ EPA 

proposed to approve Kentucky’s request 

to revise the SIP on May 29, 2009. This 

action is being taken pursuant to 

Section 110 of the Clean Air Act (CAA). 

DATES: Effective Date: This rule will be 

effective November 23, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R04–OAR–2005–KY–0003. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development 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. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Deanne Grant, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9291. 

Ms. Grant can also be reached via 

electronic mail at 

grant.deanne@epa.gov. For information 

relating to the Kentucky SIP, please 

contact Mr. Zuri Farngalo at (404) 562– 

9152. Mr. Farngalo can also be reached 

via electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. EPA’s Action 

II. Background 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. EPA’s Action 

EPA is taking final action to approve 

SIP revisions submitted by the 

Commonwealth of Kentucky on 

September 12, 2005, and March 24, 

2006. The first revision provides 

Kentucky’s response to EPA’s 

regulations entitled, ‘‘Finding of 

Significant Contribution and 

Rulemaking for Certain States in Ozone 

Transport Assessment Group Region for 

Purposes of Reducing Regional 

Transport of Ozone,’’ otherwise known 

as the ‘‘Nitrogen Oxides (NOX) SIP Call 

Phase I.’’ The second revision responds 

to EPA’s regulations entitled, ‘‘Interstate 

Ozone Transport: Response to Court 

Decisions on the NOX SIP Call, NOX SIP 

Call Technical Amendments, and 

Section 126 Rules,’’ otherwise known as 

the ‘‘NOX SIP Call Phase II.’’ 

The NOX SIP Call Phase II revision 

satisfies EPA’s rule that requires 

Kentucky to submit Phase II revisions 

necessary to achieve applicable, 

incremental reductions of NOX. The 

intended effect of the Phase II SIP 

revision is to reduce emissions of NOX

originating in the Commonwealth of 

Kentucky to help attain and maintain 

the national ambient air quality 

standard for ozone. The March 24, 2006, 

final submittal stopped the Federal 

implementation plan (FIP) clock that 

started on February 8, 2006, when EPA 

made a finding that Kentucky failed to 

submit the required SIP for Phase II of 

the NOX SIP Call by April 1, 2005. 

EPA proposed to approve Kentucky’s 

request to amend the SIP on May 29, 

2009 (74 FR 25686). In that proposal, 

EPA also stated its intent to remove 

compliance requirements of the NOX

SIP Call Phase I. The comment period 

closed on June 29, 2009. No comments 

were received in regard to this action. 

EPA is finalizing the approval as 

proposed based on the rationale stated 

in the proposal and in this final action. 

II. Background 

On January 31, 2002, the Kentucky 

Environmental and Public Protection 

Cabinet (KEPPC) submitted final 

revisions to its SIP that complied with 

the requirements of Phase I of the NOX

SIP Call. EPA approved the revisions on 

April 11, 2002 (67 FR 17624), which 


CPrice-Sewell on DSKGBLS3C1PROD with RULES