Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 26525 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Pending publication of the initial 60-day 

notice, interested parties are invited to 

submit written comments on the 

estimated burden for applications to 

issue non-guaranteed debt and to 

participate in the extended DGP by any 

of the following methods: 

• http://www.FDIC.gov/regulations/ 

laws/federal/propose.html. 

• E-mail: comments@fdic.gov. 

Include the name and number of the 

collection in the subject line of the 

message. 

• Mail: Leneta Gregorie (202–898– 

3719), Counsel, Federal Deposit 

Insurance Corporation, 550 17th Street, 

NW., Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand-delivered to the guard station at 

the rear of the 550 17th Street Building 

(located on F Street), on business days 

between 7 a.m. and 5 p.m. 

A copy of the comment may also be 

submitted to the OMB Desk Officer for 

the FDIC, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, Room 3208, 

Washington, DC 20503. All comments 

should refer to the name and number of 

the collection. 

F. Solicitation of Comments on Use of 

Plain Language 

Section 722 of the Gramm-LeachBliley Act, Public Law 106–102, 113 

Stat. 1338, 1471 (Nov. 12, 1999), 

requires the federal banking agencies to 

use plain language in all proposed and 

final rules published after January 1, 

2000. The FDIC invites your comments 

on how to make this regulation easier to 

understand. For example: 

• Has the FDIC organized the material 

to suit your needs? If not, how could 

this material be better organized? 

• Are the requirements in the 

regulation clearly stated? If not, how 

could the regulation be more clearly 

stated? 

• Does the regulation contain 

language or jargon that is not clear? If 

so, which language requires 

clarification? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the regulation 

easier to understand? If so, what 

changes to the format would make the 

regulation easier to understand? 

• What else could the FDIC do to 

make the regulation easier to 

understand? 

G. The Treasury and General 

Government Appropriations Act, 1999— 

Assessment of Federal Regulations and 

Policies on Families 

The FDIC has determined that this 

final rule will not affect family wellbeing within the meaning of section 654 

of the Treasury and General 

Government Appropriations Act, 

enacted as part of the Omnibus 

Consolidated and Emergency and 

Emergency Supplemental 

Appropriations Act of 1999 (Pub. L. 

105–277, 112 Stat. 2681). 

List of Subjects in 12 CFR Part 370 

Banks, Banking, Bank deposit 

insurance, Holding companies, National 

banks, Reporting and recordkeeping 

requirements, Savings associations. 

■ Accordingly, the interim rule 

amending 12 CFR Part 370, which was 

published at 74 FR 12078 on March 23, 

2009, is adopted as a final rule without 

change. 

Dated at Washington, DC, this 29th day of 

May 2009. 

Federal Deposit Insurance Corporation. 

By order of the Board of Directors. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–12943 Filed 6–2–09; 8:45 am] 

BILLING CODE 6714–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0314; FRL–8906–1] 

Revisions to the California State 

Implementation Plan, San Diego Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the San 

Diego Air Pollution Control District 

(SDAPCD) portion of the California 

State Implementation Plan (SIP). Rule 

27.1—Federal Requirements for the San 

Diego County Air Pollution Control 

District’s Alternative Mobile Source 

Emission Reduction Program Approved 

on September 8, 2000, will allow 

stationary sources to use emission 

reduction credits of nitrogen oxides 

(NOX) generated from mobile sources as 

New Source Review (NSR) offsets. We 

are approving Rule 27.1 under authority 

of the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: This rule is effective on August 

3, 2009 without further notice, unless 

EPA receives adverse comments by July 

6, 2009. If we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0314, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

• E-mail: R9airpermits@epa.gov. 

• Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section 

below. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, Permits Office (AIR– 

3), U.S. Environmental Protection 

Agency, Region IX, (415) 947–4156, 

kelly.shaheerah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 


dwashington3 on PROD1PC60 with RULES
26526 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 

1Alternative Mobile Source Emission Reduction 

Program for Replacing Medium and Heavy HeavyDuty Diesel Powered Vehicles and Repowering of 

Marine Vessels Under Rule 27(c)(1)(vi) as Approved 

on September 8, 2000. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of the rule? 

C. What is the purpose of the rule? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Proposed action and public comment 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

On August 8, 2008, Rule 27.1 was 

adopted into SDAPCD’s local rules. On 

April 29, 2009, the California Air 

Resources Board (ARB) submitted the 

rule to EPA to be included in the 

SDAPCD portion of the California SIP. 

On May 7, 2009, the submittal of Rule 

27.1 was found to meet the 

completeness criteria, which must be 

met before formal EPA review. 

B. Are there other versions of the 

submitted rule? 

There are no previous versions of 

Rule 27.1 in the California SIP. 

C. What is the purpose of the rule? 

Rule 27.1—Federal Requirements for 

the San Diego County Air Pollution 

Control District’s Alternative Mobile 

Source Emission Reduction Program 

Approved On September 8, 2000, along 

with District Rule 27—Banking of 

Mobile Source Emission Reduction 

Credits, and SDAPCD’s Alternative 

Program,1 provide the framework to 

ensure that MERCs created and used 

under these provisions are real, 

quantifiable, surplus and permanent for 

the life of the project. Rule 27.1 includes 

the provisions necessary to ensure that 

the permanence of the MERCs are 

enforceable as a practical and legal 

matter and Federally enforceable under 

the SIP. In addition, since Rule 27.1 

does not ensure that MERCs generated 

under the District’s Alternative Program 

are real, quantifiable and surplus, 

Section (b)(8) of Rule 27.1 requires EPA 

to make a finding that the MERCs are 

real, quantifiable, surplus, permanent, 

and enforceable prior to use. 

Incorporation of Rule 27.1 will allow 

NOx MERCs generated under the 

District’s program to be used as Federal 

NSR offsets. 

EPA’s technical support document 

(TSD) has more information about Rule 

27.1. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

Section 173(c) of the Act requires 

Federal NSR offsets for new and 

modified stationary sources. Emission 

reductions used as Federal NSR offsets 

must be real, quantifiable, surplus, 

permanent, and enforceable. Our 

evaluation of Rule 27.1 is limited to 

determining whether MERCs that are 

tracked through the rule are permanent 

and Federally enforceable. Other 

mechanisms, as discussed in the TSD, 

have been used to ensure MERCs subject 

to this rule are real, quantifiable, and 

surplus. 

B. Do the rules meet the evaluation 

criteria? 

We believe the rule contains sufficient 

mechanisms to ensure that MERCs 

tracked through the rule are permanent 

and Federally enforceable. The TSD has 

more information on our evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the CAA, EPA is fully approving Rule 

27.1 because we believe it fulfills all 

relevant requirements. We do not think 

anyone will object to this approval, so 

we are finalizing it without proposing it 

in advance. However, in the Proposed 

Rules section of this Federal Register, 

we are simultaneously proposing 

approval of the same submitted rule. If 

we receive adverse comments by July 6, 

2009, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that the direct final 

approval will not take effect and we will 

address the comments in a subsequent 

final action based on the proposal. If we 

do not receive timely adverse 

comments, the direct final approval will 

be effective without further notice on 

August 3, 2009. This will incorporate 

Rule 27.1 into the Federally enforceable 

California SIP. 

III. Statutory and Executive Order 

Reviews 

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. 

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 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 26527 

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 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 August 3, 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 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

New source review, Nitrogen oxides, 

Ozone. 

Dated: May 7, 2009. 

Jane Diamond, 

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 paragraphs (c)(362)(i)(A)(1) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(362) New and amended regulations 

were submitted on April 29, 2009 by the 

Governor’s designee. 

(i) Incorporation by Reference. 

(A) San Diego Air Pollution Control 

District. 

(1) Rule 27.1, ‘‘Federal Requirements 

for the San Diego County Air Pollution 

Control District’s Alternative Mobile 

Source Emission Reduction Program 

Approved On September 8, 2000,’’ 

adopted and effective on August 8, 

2008. 

[FR Doc. E9–12791 Filed 6–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0923; FRL–8417–9] 

Exemptions from the Requirement of a 

Tolerance; Technical Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Technical 

Amendments. 

SUMMARY: This document makes minor 

technical revisions of certain 

commodity terms listed under 40 CFR 

part 180, subpart D. EPA is taking this 

action to establish a uniform listing of 

commodity terms throughout part 180. 

DATES: This regulation is effective June 

3, 2009. Objections and requests for 

hearings must be received on or before 

August 3, 2009, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION ). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0923 . All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Morrill, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8319; fax number: (703) 308– 

7026; e-mail address: 

morrill.stephen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICA code 

311). 

• Pesticide manufacturing (NAICA 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 


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