Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 54485 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the temporary moving safety zone must 

comply with all directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–16 or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Effective period. This section is 

effective from 12 a.m. on October 7, 

2009 through 11:59 p.m. on December 1, 

2009. 

Dated: October 6, 2009. 

P.M. Gugg, 

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

Port San Francisco. 

[FR Doc. E9–25393 Filed 10–21–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 20 

Nonmailable Items Prohibited in All 

Outbound International Mail—Update 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

and adding new standards which codify 

that replica and inert explosive devices, 

and counterfeit and pirated items are 

nonmailable in outbound international 

mail. 

DATES: Effective Date: January 4, 2010. 

FOR FURTHER INFORMATION CONTACT: Rick 

Klutts, 813–877–0372. 

SUPPLEMENTARY INFORMATION: Consistent 

with Proposals 20.15.2 and 20.15.6— 

adopted by the 24th Congress of the 

Universal Postal Union (UPU) in Geneva 

Switzerland on July 23–August 12, 

2008,—that amend Article 15 of the 

UPU Convention, we are revising 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM®) to make replica and 

inert explosive devices and counterfeit 

and pirated items nonmailable. 

Replica and Inert Explosive Devices 

Consistent with Proposal 20.15.2, this 

prohibition is intended to apply to 

devices that were originally designed for 

military or combat use (including 

training) and is also extended to replicas 

of such items. Specific items include 

replica and inert explosive devices and 

military ordnance, such as grenades, 

ammunition, shells and the like. 

This prohibition does not extend to 

items such as children’s toys or articles 

that do not represent such items in a 

realistic manner. 

Counterfeit or Pirated Articles 

Consistent with UPU Proposal 

20.15.6, this prohibition is intended to 

reduce the circulation of counterfeit and 

pirated articles between UPU members. 

The prohibition also illustrates that the 

UPU’s members actively support the 

World Customs Organization’s current 

campaign to thwart production and 

circulation of counterfeited and pirated 

products, such as dangerous toys and 

electrical items, dangerous counterfeit 

medicines and counterfeit branded 

goods, which do economic harm to 

domestic and international companies. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

■ Accordingly, 39 CFR part 20 is 

amended as follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 20 is revised to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 39 U.S.C. 101, 401, 403, 404, 407, 408, 

414, 416, 3001–3011, 3201–3219, 3403–3406, 

3621, 3622, 3626, 3632, 3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM) as follows: 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM) 

1 International Mail Services 

* * * * * 

130 Mailability International Mail 

Services 

* * * * * 

[Revise 136 in its entirety as follows:] 

* * * * * 

136 Nonmailable Goods 

136.1 Dangerous Goods 

The following dangerous goods 

(hazardous materials, as defined in 

DMM 601) are prohibited in outbound 

international mail: 

a. Explosives or explosive devices. 

b. Flammable materials. 

1. Pyrophoric, flammable, or 

combustible liquids with a closed cup 

flash point below 200 °F. 

2. Flammable solids, including 

matches. 

c. Oxidizers. 

d. Corrosives, liquid or solid. 

e. Compressed gases. 

1. Flammable. 

2. Nonflammable with an absolute 

pressure exceeding 40 psi at 70 °F or 

104 psi at 130 °F. 

f. Poisons, irritants, controlled 

substances, and drug paraphernalia. 

g. Magnetized material with a 

magnetic field strength of .002 gauss or 

more at a distance of 7 feet. 

h. Dry ice (carbon dioxide solid). 

136.2 Replica and Inert Explosive 

Devices 

The following types of replica or inert 

explosive devices are prohibited in 

outbound international mail: 

1. Military ordnance, ammunition, 

and shells. 

2. Grenades. 

3. Similar devices that were originally 

designed for military or combat use 

(including training). 

This prohibition does not extend to 

items such as children’s toys or articles 

that do not represent such items in a 

realistic manner. 

136.3 Counterfeit and Pirated Items 

Any type of counterfeit or pirated 

article is prohibited in outbound 

international mail. 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E9–25363 Filed 10–21–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0599; FRL–8971–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revision to Clean Air Interstate Rule 

Sulfur Dioxide Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 


dcolon on DSK2BSOYB1PROD with RULES
54486 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Commonwealth of Virginia State 

Implementation Plan (SIP). The revision 

pertains to the timing for the first phase 

of the sulfur dioxide (SO2) trading 

budget under the Commonwealth’s 

approved regulations that implement 

the requirements of the Clean Air 

Interstate Rule (CAIR). EPA is approving 

this revision to change the start date of 

Virginia’s CAIR SO2 trading budget from 

the control period in 2009 to the control 

period in 2010 in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

December 21, 2009 without further 

notice, unless EPA receives adverse 

written comment by November 23, 

2009. If EPA receives such comments, it 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0599 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

Fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0599, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0599. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

www.regulations.gov, your e-mail 

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 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 14, 2009, the 

Commonwealth of Virginia submitted a 

formal revision to its SIP. The SIP 

revision consists of a change in timing 

for the first phase of the 

Commonwealth’s approved CAIR SO2

trading budget. The start for the first 

phase of the SO2 trading budget is 

changed from the control period in 2009 

to the control period in 2010. 

II. Summary of SIP Revision 

Virginia regulation 9 VAC 5–140– 

3400 is amended to change the timing 

for the CAIR SO2 budget from the 

control period in 2009 to the control 

period in 2010. In addition, the section 

title of 9 VAC 5–140–3400 is changed to 

specifically reflect the CAIR SO2 annual 

trading budgets. 

The EPA-administered CAIR SO2

trading programs under States’ CAIR 

SIPs and under the CAIR FIP start on 

January 1, 2010, and the associated 

CAIR SO2 trading budgets apply starting 

with the 2010 control period. Virginia’s 

existing provision, requiring an SO2

budget starting in the 2009 control 

period, is inconsistent with the CAIR 

trading program. In the SIP revision, 

Virginia explains that this change 

corrects a technical error in its approved 

CAIR SIP. 

III. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) ‘‘privilege’’ for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia’s 

legislation also provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information (1) 

that are generated or developed before 

the commencement of a voluntary 

environmental assessment; (2) that are 

prepared independently of the 

assessment process; (3) that demonstrate 

a clear, imminent and substantial 

danger to the public health or 

environment; or (4) that are required by 

law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

Law, Va. Code Sec. 10.1–1198, 

precludes granting a privilege to 

documents and information ‘‘required 

by law,’’ including documents and 

information ‘‘required by Federal law to 

maintain program delegation, 

authorization or approval,’’ since 

Virginia must ‘‘enforce Federally 

authorized environmental programs in a 

manner that is no less stringent than 


dcolon on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 54487 

their Federal counterparts * * *.’’ The 

opinion concludes that ‘‘[r]egarding 

§ 10.1–1198, therefore, documents or 

other information needed for civil or 

criminal enforcement under one of these 

programs could not be privileged 

because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

Federal law to maintain program 

delegation, authorization or approval.’’ 

Virginia’s Immunity law, Va. Code 

Sec. 10.1–1199, provides that ‘‘[t]o the 

extent consistent with requirements 

imposed by Federal law,’’ any person 

making a voluntary disclosure of 

information to a state agency regarding 

a violation of an environmental statute, 

regulation, permit, or administrative 

order is granted immunity from 

administrative or civil penalty. The 

Attorney General’s January 12, 1998 

opinion states that the quoted language 

renders this statute inapplicable to 

enforcement of any Federally authorized 

programs, since ‘‘no immunity could be 

afforded from administrative, civil, or 

criminal penalties because granting 

such immunity would not be consistent 

with Federal law, which is one of the 

criteria for immunity.’’ 

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its 

program consistent with the Federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on Federal 

enforcement authorities, EPA may at 

any time invoke its authority under the 

CAA, including, for example, sections 

113, 167, 205, 211 or 213, to enforce the 

requirements or prohibitions of the state 

plan, independently of any state 

enforcement effort. In addition, citizen 

enforcement under section 304 of the 

CAA is likewise unaffected by this, or 

any, state audit privilege or immunity 

law. 

IV. Final Action 

EPA is approving the SIP revision 

submitted by the Commonwealth of 

Virginia on January 14, 2009. The SIP 

revision incorporates timing changes to 

the Commonwealth’s CAIR SO2 trading 

program that make it consistent with the 

regional CAIR SO2 trading program, 

under which SO2 trading budgets apply 

starting in 2010. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on December 21, 2009 without 

further notice unless EPA receives 

adverse comment by November 23, 

2009. If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 21, 

2009. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 


dcolon on DSK2BSOYB1PROD with RULES
54488 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 

comment in the proposed rulemaking. 

This action to approve a Virginia SIP 

revision that changes the applicable 

start date for its SO2 trading budget 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, Sulfur oxides. 

Dated: October 13, 2009. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

■ 40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by revising the entry for 

Chapter 140, Section 5–140–3400 to 

read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation [former 

SIP citation] 

* * * * * * * 

9 VAC 5, Chapter 140 Regulations for Emissions Trading Programs 

* * * * * * * 

Part IV SO2 Annual Trading Program 

* * * * * * * 

5–140–3400 ...................... State trading budgets ................ 12/12/07 10/22/09 [Insert page number 

where the document begins].

1. In section title, replace 

‘‘State’’ with ‘‘CAIR SO2 Annual.’’ 

2. In paragraph 1, replace 2009 

with 2010. 

* * * * * * * 

[FR Doc. E9–25355 Filed 10–21–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2181; MB Docket No. 09–159; RM– 

11557] 

Television Broadcasting Services; St. 

Petersburg, FL 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Bay 

Television, Inc., the licensee of station 

WTTA(TV), channel 38, St. Petersburg, 

Florida, requesting the substitution of 

channel 32 for its assigned channel 38 

at St. Petersburg. 

DATES: This rule is effective October 22, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–159, 

adopted October 1, 2009, and released 

October 7, 2009. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 


dcolon on DSK2BSOYB1PROD with RULES