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
54756 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations 

became effective on June 10, 2002. On 

April 21, 2004, EPA published a final 

rule, addressing the remanded portion 

of the NOX SIP Call Rule. This rule is 

entitled, ‘‘Interstate Ozone Transport: 

Response to Court Decisions on the NOX

SIP Call, NOX SIP Call Technical 

Amendments, and Section 126 Rules,’’ 

and is otherwise known as the ‘‘NOX

SIP Rule Phase II’’ (69 FR 21604). Phase 

II of the NOX SIP Call required 

Kentucky to reduce the Phase I NOX

emissions originating in the 

Commonwealth from 165,075 tons 

(Phase I Budget) to 162,519 tons (Phase 

II Budget) of NOX emissions. (69 FR 

21604, 21629, April 21, 2004). However, 

EPA approved a revised Phase I Budget 

for Kentucky in a revision to the NOX

SIP Call submitted on April 11, 2002 (67 

FR 17624). Therefore, the final 

Kentucky Phase II Budget in the April 

21, 2004, notice is inaccurate because it 

is based on the previous Phase I Budget. 

The current approved Kentucky Phase II 

Budget for NOX emissions is 162,863 

tons. 

On January 23, 2004, EPA wrote a 

letter to KEPPC clarifying that based on 

current rules and regulations, including 

the NOX SIP Call Phase I rulemaking (63 

FR 57356, 57416) and 40 CFR 96.2, EPA 

was allowing each State with one or 

more carbon monoxide (CO) boiler 

combusting CO from fluidized catalytic 

cracking units (FCCUs) to determine 

whether all of the Commonwealth’s 

FCCU–CO boilers were covered by the 

NOX SIP Call trading program. There is 

currently only one facility in Kentucky 

with FCCU–CO boilers (the Ashland Oil 

facility, located in Ashland, Kentucky). 

Kentucky elected to exclude all FCCU– 

CO boilers in the Commonwealth from 

the NOX trading program. Today’s 

action removes the requirement from 

the Kentucky SIP that such units 

comply with the NOX SIP Call Phase I 

by exempting them from the non-EGU 

portion of the Kentucky NOX budget. 

However, Kentucky is still able to meet 

the Phase II budgets through other 

reductions. For more information 

regarding the specifics of Phase I source 

categories and budgets, see 67 FR 17624 

(April 11, 2002). 

On September 12, 2005, the KEPPC 

provided a submittal for parallel 

processing of its SIP regulation 

revisions, intended to meet the 

requirements of the NOX SIP Call Phase 

II. A public hearing was conducted on 

October 21, 2005. On March 24, 2006, 

Kentucky submitted the final SIP 

revision for approval. The March 24, 

2006, submittal stopped the FIP clock 

that started under the CAA following 

EPA’s February 8, 2006, finding that 

Kentucky failed to submit the required 

SIP revisions for Phase II of the NOX SIP 

Call by April 1, 2005 (71 FR 6347, 

February 8, 2006). 

III. Final Action 

EPA is taking final action to approve 

the aforementioned changes to the SIP, 

including Kentucky’s NOX SIP Call 

Phase II budget. These revisions meet 

CAA requirements and are consistent 

with EPA policy and regulations. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. 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 CAA; 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. 

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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 22, 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. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 9, 2009. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 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. 


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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations 54757 

Subpart S—Kentucky 

■ 2. In § 52.920(c), Table 1 is amended: 

■ a. Under Chapter 51, by adding an 

entry for ‘‘401 KAR 51:150—NOX

requirements for stationary internal 

combustion engines’’; and 

■ b. Under Chapter 51, by revising the 

entry for ‘‘401 KAR 51:160—NOX

requirements for large utility and 

industrial boilers’’ to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS

State citation Title/subject State effective date EPA approval date Explanation 

* * * * * * * 

Chapter 51. Attainment and Maintenance of the National Ambient Air Quality Standards 

* * * * * * * 

401 KAR 51:150 ............... NOX requirements for stationary internal combustion 

engines.

2/3/06 10/23/09 [Insert citation of 

publication] 

* * * * * * * 

401 KAR 51:160 ............... NOX requirements for large utility and industrial boilers.

2/3/06 10/23/09 [Insert citation of 

publication] 

* * * * * * * 

* * * * * 

[FR Doc. E9–25456 Filed 10–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070717342–7713–02] 

RIN 0648–XS18 

Fisheries of the Northeastern United 

States; Atlantic Surfclam and Ocean 

Quahog Fisheries; Suspension of 

Minimum Atlantic Surfclam Size Limit 

for Fishing Year 2010 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; suspension of 

the Atlantic surfclam minimum size 

limit. 

SUMMARY: NMFS suspends the 

minimum size limit for Atlantic 

surfclams for the 2010 fishing year. This 

action is taken under the authority of 

the implementing regulations for this 

fishery, which allow for the annual 

suspension of the minimum size limit 

based upon set criteria. The intended 

effect is to relieve the industry from a 

regulatory burden that is not necessary, 

as the majority of surfclams harvested 

are larger than the minimum size limit. 

DATES: Effective January 1, 2010, 

through December 31, 2010. 

ADDRESSES: Written inquiries may be 

sent to: Regional Administrator, 

National Marine Fisheries Service, 

Northeast Regional Office, 55 Great 

Republic Drive, Gloucester, MA 01930– 

2298. 

FOR FURTHER INFORMATION CONTACT: 

Anna Macan, Fishery Management 

Specialist, (978) 281–9165; fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: Section 

648.72(c) of the regulations 

implementing the Fishery Management 

Plan (FMP) for the Atlantic Surfclam 

and Ocean Quahog Fisheries authorizes 

the Administrator, Northeast Region, 

NMFS (Regional Administrator), to 

suspend annually, by publication of a 

notification in the Federal Register, the 

minimum size limit for Atlantic 

surfclams. This action may be taken 

unless discard, catch, and biological 

sampling data indicate that 30 percent 

of the Atlantic surfclam resource is 

smaller than 4.75 inches (120 mm) and 

the overall reduced size is not 

attributable to harvest from beds where 

growth of the individual clams has been 

reduced because of density-dependent 

factors. 

At its June 2009 meeting, the MidAtlantic Fishery Management Council 

voted to recommend that the Regional 

Administrator suspend the minimum 

size limit for the 2010 fishing year. In 

accordance with the provisions of the 

FMP, the Regional Administrator will 

publish the suspension of the surfclam 

minimum size if the proportion of 

undersized surfclams is under 30 

percent of the total surfclam landings 

for each fishing year. 

Commercial surfclam data for 2009 

were analyzed to determine the 

percentage of surfclams that were 

smaller than the minimum size 

requirement. The analysis indicated that 

6.10 percent of the overall commercial 

landings were composed of surfclams 

that were less than 4.75 inches (120 

mm). Based on these data, the Regional 

Administrator adopts the Council’s 

recommendation and suspends the 

minimum size limit for Atlantic 

surfclams from January 1 through 

December 31, 2010. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 19, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–25547 Filed 10–22–09; 8:45 am] 

BILLING CODE 3510–22–S 


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