27442 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 

River, Boston Inner Harbor, for 100 

yards upstream and downstream of the 

center of the Chelsea Street Draw span 

(in the approximate position of latitude 

42°23′10.3′′ N., longitude 71°01′21.2′′ 

W.). [NAD83]. 

* * * * * 

(b) * * * 

(4) Restrictions when the Chelsea 

River channel is obstructed by vessel(s) 

moored at the Northeast Petroleum 

Terminal located downstream of the 

Chelsea Street Bridge on the Chelsea, 

MA side of the Chelsea River—hereafter 

referred to as the Jenny Dock 

(approximate position latitude 

42°23′05.2′′ N., longitude 71°01′35.8′′ 

W.)—or the Mobile Oil Terminal located 

on the East Boston Side of the Chelsea 

River downstream of the Chelsea Street 

Bridge (approximate position latitude 

42°23′04.9′′ N., longitude 71°01′28.52′′ 

W.): [NAD83]. 

* * * * * 

§ 165.1407 [Amended] 

■ 44. In § 165.1407(c)(2), following the 

numbers ‘‘(808) 842–2600’’ add ‘‘and 

(808) 842–2601, fax (808) 842–2624’’. 

PART 169—SHIP REPORTING 

SYSTEMS 

■ 45. The authority citation for part 169 

continues to read as follows: 

Authority: 33 U.S.C. 1230(d), Department 

of Homeland Security Delegation No. 0170.1. 

§ 169.1 [Amended] 

■ 46. In § 169.1, add a note at the end 

of the current section to read as follows: 

§ 169.1 What is the purpose of this part? 

* * * * * 

Note to § 169.1: For ship reporting system 

requirements not established by the Coast 

Guard, see 50 CFR Part 404. 

Dated: June 3, 2009. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. E9–13370 Filed 6–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0415] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, New 

Smyrna Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Seventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Coronado 

Beach Bridge (SR 44) across the Atlantic 

Intracoastal Waterway, mile 854, at New 

Smyrna Beach, FL. The deviation is 

necessary to repair the bridge. This 

deviation allows the bridge to remain 

closed to navigation during the 

deviation period. 

DATES: This deviation is effective from 

6 a.m. on June 30, 2009 through 6 a.m. 

on July 3, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0415 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0415 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 Mr. Michael Lieberum, Bridge 

Branch, Seventh Coast Guard District, 

telephone 305–415–6744, e-mail 

Michael.b.lieberum@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: M&J 

Construction Company of behalf of the 

bridge owner, Florida Department of 

Transportation (FDOT), has requested a 

deviation to the regulation of the 

Coronado Beach/George C. Musson (SR 

44) Bridge across the Atlantic 

Intracoastal Waterway, mile 854.0, New 

Smyrna, FL. The bridge provides a 

vertical clearance of 24 feet in the 

closed position. As required by 33 CFR 

117.261(h), the bridge shall open on 

signal, except that from 7 a.m. until 7 

p.m., each day of the week, the draw 

need only open on the hour, twenty 

minutes past the hour and forty minutes 

past the hour. The deviation is from 6 

a.m. on June 30, 2009 through 6 a.m. on 

July 3, 2009. During the deviation this 

bridge will remain closed to navigation. 

Vessels not requiring an opening may 

pass at any time. This action is 

necessary because the bridge will be 

inoperable in a jacked-up state to 

perform repairs. The action will affect 

all vessels requiring an opening during 

this time period. Vessels unable to 

transit through this area may transit via 

an ocean route or schedule their transit 

prior to or after the repair work is 

completed. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must 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: May 26, 2009. 

R.S. Branham, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. E9–13640 Filed 6–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0004; FRL–8900–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to provisions in the 

Clean Air Act (Act) which allow EPA to 

correct State Implementation Plan (SIP) 

actions made in error, EPA is taking 

final action to correct an error in part of 

its June 12, 2006 approval of an 

amendment to Indiana’s ozone SIP. In 

today’s action, EPA is rescinding its 

approval of the inclusion of the state’s 

codified definition of hazardous air 

pollutant (HAP) in Indiana’s ozone SIP. 

DATES: This final rule is effective on July 

10, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2006–0004. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 27443 

site. Although listed in the index, some 

information is not publicly available, 

i.e., 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 either electronically 

through http://www.regulations.gov or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Steven Rosenthal, 

Environmental Engineer, at (312) 886– 

6052 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052, 

rosenthal.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What public comments were received on 

the proposed correction notice and what 

is EPA’s response? 

II. What action is EPA taking and what is the 

reason for this action? 

III. Statutory and Executive Order Reviews 

I. What public comments were received 

on the proposed correction notice and 

what is EPA’s response? 

EPA did not receive any public 

comments on the August 4, 2008, 

proposed correction notice. 

II. What action is EPA taking and what 

is the reason for this action? 

Section 110 of the Act is the authority 

under which Congress has directed EPA 

to act on SIPs and SIP revisions. Section 

110(a) establishes the applicable 

procedures for SIP development and 

submission. The trigger for these 

activities is the promulgation of national 

ambient air quality standards (NAAQS); 

and the focus of the State’s efforts is to 

develop ‘‘a plan which provides for 

implementation, maintenance, and 

enforcement’’ of the NAAQS. Section 

110(a)(1). EPA must then determine 

whether the submission contains the air 

quality-related components prescribed 

in Section 110(a)(2). 

Other than for lead, which is both a 

HAP and criteria pollutant, Section 110 

does not provide parameters to 

determine the approvability of a HAP 

provision. Instead, in the 1990 

Amendments to the Act, Congress 

envisioned that HAPs (including the 

then-listed ethylene glycol monobutyl 

ether (EGBE)) would be regulated under 

Section 112. State programs for 

hazardous pollutants, including 

delegations, are governed by Section 

112(l) of the Act. They should not be 

included in the SIP under Section 110. 

Section 110(k)(6) of the Act provides 

that ‘‘whenever EPA determines that its 

action approving, disapproving, or 

promulgating any plan or plan revision 

(or part thereof), * * * was in error, 

EPA may revise such action as 

appropriate without requiring any 

further submission from the State.’’ 

Therefore, under section 110(k)(6), EPA 

is rescinding its exclusion of EGBE from 

Indiana’s definition of HAP, and is also 

rescinding Indiana’s definition of HAP 

in 326 IAC 1–2–33.5, from Indiana’s 

ozone SIP. 

On June 12, 2006, as requested by the 

State, EPA took action under section 

110(a) of the Act and deleted EGBE from 

the SIP’s definition for HAP in 326 IAC 

1–2–33.5. For the reasons discussed 

above, EPA should not have taken this 

action under section 110(a) of the Act. 

On January 10, 2008, the Indiana 

Department of Environmental 

Management requested that EPA correct 

that earlier action. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely corrects an 

error and approves State law as meeting 

Federal requirements and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, the 

Administrator certifies that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule corrects an 

error and approves preexisting 

requirements under State law and does 

not impose any additional enforceable 

duty beyond that required by State law, 

it 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). 

This final rule also does not have 

Tribal implications because it will not 

have a substantial direct effect on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

final action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

corrects an error and approves a State 

rule implementing a Federal standard, 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Act. 

This rule also is not subject to Executive 

Order 13045 ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Act. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Act. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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 rule 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 

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27444 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This correction to 40 CFR 52 for Indiana 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 10, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Hazardous air pollutants, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 22, 2009. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

■ 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. 

Subpart P—Indiana 

■ 2. Section 52.770 is amended by 

revising paragraph (c)(176) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(176) On December 21, 2005, Indiana 

submitted revised regulations to the 

EPA. As a result, the compounds, 

1,1,1,2,2,3,3-heptafluoro-3-methoxypropane, 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- 

(trifluoromethyl)hexane, 1,1,1,2,3,3,3- 

heptafluoropropane, and methyl 

formate, are added to the list of 

‘‘nonphotochemically reactive 

hydrocarbons’’ or ‘‘negligibly 

photochemically reactive compounds’’ 

in 326 IAC 1–2–48 and these 

compounds are deleted from the list of 

VOCs in 326 IAC 1–2–90. Companies 

producing or using the four compounds 

will no longer need to follow the VOC 

rules for these compounds. The 

requirements in 326 IAC 1–2–48 and 1– 

2–90 were also modified for the 

compound t-butyl acetate. It is not 

considered a VOC for emission limits 

and content requirements. T-butyl 

acetate will still be considered a VOC 

for the recordkeeping, emissions 

reporting, and inventory requirements. 

(i) Incorporation by reference. 

(A) Indiana Administrative Code Title 

326: Air Pollution Control Board, 

Article 1: General Provisions, Rule 2: 

Definitions, Section 48: 

‘‘‘Nonphotochemically reactive 

hydrocarbon’ or ‘negligibly 

photochemically reactive compounds’ 

defined’’, and Section 90: ‘‘ ‘Volatile 

organic compound’ or ‘VOC’ defined’’. 

Filed with the Secretary of State on 

October 20, 2005 and effective 

November 19, 2005. Published in 29 

Indiana Register 795–797 on December 

1, 2005. 

* * * * * 

[FR Doc. E9–13486 Filed 6–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–RO4–OAR–2008–0159(b); FRL–8912– 

9] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; City of Memphis, TN; 

Control of Emissions From Existing 

Hospital/Medical/Infectious Waste 

Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the Clean 

Air Act (CAA) section 111(d)/129 State 

Plan submitted by the Memphis-Shelby 

County Health Department (MSCHD) for 

the City of Memphis, Tennessee on 

February 16, 2006 (State Plan). The 

State Plan is for implementing and 

enforcing the Emissions Guidelines (EG) 

applicable to existing Hospital/Medical/ 

Infectious Waste Incinerator (HMIWI) 

units that commenced construction on 

or before June 20, 1996. 

DATES: This direct final rule will be 

effective August 10, 2009, unless EPA 

receives adverse comments by July 10, 

2009. If adverse comments are received, 

EPA 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 Regional Material in 

EDocket (RME) by Docket ID No. EPA– 

R04–OAR–2008–0159 by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the 

online instructions for submitting 

comments. 

3. E-mail: louis.egide@epa.gov. 

4. Fax: (404) 562–9095. 

5. Mail: ‘‘EPA–R04–OAR–2008– 

0159,’’ Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

6. Hand Delivery or Courier: Deliver 

your comments to: Dr. Egide N. Louis, 

Air Toxics and Monitoring Branch, U.S. 

Environmental Protection Agency, 

Region 4, 12th Floor, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

RME ID No. EPA–R04–OAR–2008–0159. 

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:// 

docket.epa.gov/rmepub/, 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 RME, regulations.gov 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 RME or 

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 

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