Approval and Promulgation of Implementation Plans; Revisions to the Alabama State Implementation Plan; Birmingham and Jackson County; Correction, 48384-48386 [E9-22814]
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48384
Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations
Old-Age, Survivors, and Disability
insurance; Penalties; Reporting and
recordkeeping requirements; Social
Security.
from its funds the representative fees
and expenses and both of the following
conditions apply:
(i) You and your auxiliary
beneficiaries, if any, are not liable to pay
a fee or any expenses, or any part
thereof, directly or indirectly, to the
representative or someone else; and
(ii) The representative submits to us a
writing in the form and manner that we
prescribe waiving the right to charge
and collect a fee and any expenses from
you and your auxiliary beneficiaries, if
any, directly or indirectly, in whole or
in part; or
(2) A court authorizes a fee for your
representative based on the
representative’s actions as your legal
guardian or a court-appointed
representative.
20 CFR Part 416
Administrative practice and
procedure; Penalties; Reporting and
recordkeeping requirements;
Supplemental Security Income (SSI).
Dated: September 16, 2009.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the
preamble, we are amending 20 CFR
parts 404 and 416 as set forth below:
■
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950– )
Subpart R—[Amended]
1. The authority citation for subpart R
of part 404 continues to read as follows:
■
Authority: Secs. 205(a), 206, 702(a)(5), and
1127 of the Social Security Act (42 U.S.C.
405(a), 406, 902(a)(5), and 1320a–6); sec. 303,
Public Law 108–203, 118 Stat. 493.
2. Amend § 404.1703 by adding two
definitions in alphabetical order to read
as follows:
■
§ 404.1703
Definitions.
*
*
*
*
*
Entity means any business, firm, or
other association, including but not
limited to partnerships, corporations,
for-profit organizations, and not-forprofit organizations.
Legal guardian or court-appointed
representative means a court-appointed
person, committee, or conservator who
is responsible for taking care of and
managing the property and rights of an
individual who is considered incapable
of managing his or her own affairs.
*
*
*
*
*
■ 3. Amend § 404.1720 by revising
paragraph (b)(3) and by adding
paragraph (e) to read as follows:
§ 404.1720
services.
Fee for a representative’s
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*
*
*
*
*
(b) * * *
(3) Subject to paragraph (e) of this
section, a representative must not
charge or receive any fee unless we have
authorized it, and a representative must
not charge or receive any fee that is
more than the amount we authorize.
*
*
*
*
*
(e) When we do not need to authorize
a fee. We do not need to authorize a fee
when:
(1) An entity or a Federal, State,
county, or city government agency pays
VerDate Nov<24>2008
16:39 Sep 22, 2009
Jkt 217001
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart O—[Amended]
(e) When we do not need to authorize
a fee. We do not need to authorize a fee
when:
(1) An entity or a Federal, State,
county, or city government agency pays
from its funds the representative fees
and expenses and both of the following
conditions apply:
(i) You are not liable to pay a fee or
any expenses, or any part thereof,
directly or indirectly, to the
representative or someone else; and
(ii) The representative submits to us a
writing in the form and manner we
prescribe waiving the right to charge
and collect a fee and any expenses from
you directly or indirectly, in whole or
in part; or
(2) A court authorizes a fee for your
representative based on the
representative’s actions as your legal
guardian or a court-appointed
representative.
[FR Doc. E9–22842 Filed 9–22–09; 8:45 am]
BILLING CODE 4191–02–P
4. The authority citation for subpart O
of part 416 continues to read as follows:
■
Authority: Secs. 702(a)(5), 1127 and
1631(d) of the Social Security Act (42 U.S.C.
902(a)(5), 1320a–6 and 1383(d)); sec. 303,
Public Law 108–203, 118 Stat. 493.
5. Amend § 416.1503 by adding two
definitions in alphabetical order to read
as follows:
■
§ 416.1503
Definitions.
*
*
*
*
*
Entity means any business, firm, or
other association, including but not
limited to partnerships, corporations,
for-profit organizations, and not-forprofit organizations.
Legal guardian or court-appointed
representative means a court-appointed
person, committee, or conservator who
is responsible for taking care of and
managing the property and rights of an
individual who is considered incapable
of managing his or her own affairs.
*
*
*
*
*
6. Amend § 416.1520 by revising
paragraph (b)(3) and by adding
paragraph (e) to read as follows:
■
§ 416.1520
services.
Fee for a representative’s
*
*
*
*
*
(b) * * *
(3) Subject to paragraph (e) of this
section, a representative must not
charge or receive any fee unless we have
authorized it, and a representative must
not charge or receive any fee that is
more than the amount we authorize.
*
*
*
*
*
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0359–200915(c);
FRL–8960–1]
Approval and Promulgation of
Implementation Plans; Revisions to the
Alabama State Implementation Plan;
Birmingham and Jackson County;
Correction
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
SUMMARY: On March 26, 2009 (71 FR
13118), EPA published a document
approving a revision to the Birmingham
and Jackson County portions of the
Alabama State Implementation Plan
(SIP). This action adds Table (c), which
was inadvertently omitted, to Alabama’s
Identification of Plan section of the
Code of Federal Regulations (CFR).
DATES: This action is effective
September 23, 2009.
ADDRESSES: Copies of the
documentation used in the action being
corrected are available for inspection
during normal business hours at the
following location: U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
E:\FR\FM\23SER1.SGM
23SER1
mstockstill on DSKH9S0YB1PROD with RULES
Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Amanetta Somerville, Air Quality
Modeling and Transportation 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. Ms.
Somerville’s telephone number is 404–
562–9025. She can also be reached via
electronic mail at
Somerville.amanetta@epa.gov.
SUPPLEMENTARY INFORMATION: This
action adds Table (c) for a regulation
that appears in Alabama’s Identification
of Plan section at 40 CFR 52.50(c). The
regulation, Alabama Chapter 335–3–17–
.01 ‘‘Transportation Conformity,’’ was
approved by EPA on March 26, 2009 (71
FR 13170). However, EPA inadvertently
omitted Table (c) in the regulatory text
of the Direct Final Rule. EPA is
correcting this inadvertent error by
inserting Table (c) into Alabama’s
Identification of Plan section of the
Code of Federal Regulations at 40 CFR
52.50(c).
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s action to identify, in the
CFR, the state effective date of
Alabama’s regulation has no substantive
impact on EPA’s March 26, 2009,
approval of this regulation. The
omission of Table (c) in the regulatory
text of EPA’s final rule published on
March 26, 2009, makes no substantive
difference to EPA’s analysis as set out in
that rule because EPA was aware at the
time of our approval that the state
regulation at issue was effective on May
26, 2009. In addition, EPA can identify
no particular reason why the public
would be interested in being notified of
the correction of this omission, or in
having the opportunity to comment on
the correction prior to this action being
finalized, since this correction action
does not change the meaning of the
regulation at issue or otherwise change
EPA’s analysis of Alabama’s submittal
(71 FR 13118). EPA also finds that there
is good cause under APA section
553(d)(3) for this correction to become
effective on the date of publication of
this action. Section 553(d)(3) of the APA
allows an effective date less than 30
days after publication ‘‘as otherwise
provided by the agency for good cause
VerDate Nov<24>2008
16:39 Sep 22, 2009
Jkt 217001
found and published with the rule.’’ 5
U.S.C. 553(d)(3). The purpose of the 30day waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s rule
merely corrects an inadvertent error of
omission in the regulatory text of a prior
rule by adding Table (c) for the Alabama
regulation which EPA approved on
March 26, 2009. For these reasons, EPA
finds good cause under APA section
553(d)(3) for this correction to become
effective on the date of publication of
this action.
Statutory and Executive Order Reviews
Under the Clean Air Act (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
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48385
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 November 23, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 10, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
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48386
Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations
PART 52—[AMENDED]
§ 52.50
Subpart B—Alabama
1. The authority citation for part 52
continues to read as follows:
■
2. In § 52.50(c) the table is amended
by revising the entry for ‘‘Section 335–
3–17.01’’ to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED ALABAMA REGULATIONS
State citation
*
*
*
Chapter 335–3–17
Section 335–3–17.01 ......................
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–0020; FRL–8431–9]
Thiram; Pesticide Tolerance
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes a
time-limited tolerance for residues of
thiram, (tetramethyl thiuram disulfide)
in or on banana, import. Taminco
Incorporated requested a tolerance
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective
September 23, 2009. Objections and
requests for hearings must be received
on or before November 23, 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–2007–0020. All documents in the
docket are listed in the docket index
available at https://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
16:39 Sep 22, 2009
Jkt 217001
EPA approval date
*
*
Explanation
*
Conformity of Federal Actions to State Implementation Plans
*
[FR Doc. E9–22814 Filed 9–22–09; 8:45 am]
VerDate Nov<24>2008
*
Transportation Conformity .............
*
*
State effective
date
Title/subject
04/03/07
*
09/23/09 [Insert citation of publication].
*
available in the electronic docket at
https://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:
Bryant Crowe, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–0025; e-mail address:
crowe.bryant@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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 (NAICS code
311).
• Pesticide manufacturing (NAICS
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
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*
*
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 electronically
available documents at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://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 e-CFR
cite at https://www.gpoaccess.gov/ecfr.
To access the OPPTS Harmonized
Guidelines referenced in this document,
go directly to the guidelines at https://
www.epa.gov/opptsfrs/home/
guidelin.htm.
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
identify docket ID number EPA–HQ–
OPP–2007–0020 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
as required by 40 CFR part 178 on or
before November 23, 2009.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
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]]>Agencies
[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Rules and Regulations]
[Pages 48384-48386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22814]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0359-200915(c); FRL-8960-1]
Approval and Promulgation of Implementation Plans; Revisions to
the Alabama State Implementation Plan; Birmingham and Jackson County;
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On March 26, 2009 (71 FR 13118), EPA published a document
approving a revision to the Birmingham and Jackson County portions of
the Alabama State Implementation Plan (SIP). This action adds Table
(c), which was inadvertently omitted, to Alabama's Identification of
Plan section of the Code of Federal Regulations (CFR).
DATES: This action is effective September 23, 2009.
ADDRESSES: Copies of the documentation used in the action being
corrected are available for inspection during normal business hours at
the following location: U.S. Environmental Protection Agency, Region 4,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
[[Page 48385]]
FOR FURTHER INFORMATION CONTACT: Amanetta Somerville, Air Quality
Modeling and Transportation 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. Ms. Somerville's telephone number is 404-562-9025. She can
also be reached via electronic mail at Somerville.amanetta@epa.gov.
SUPPLEMENTARY INFORMATION: This action adds Table (c) for a regulation
that appears in Alabama's Identification of Plan section at 40 CFR
52.50(c). The regulation, Alabama Chapter 335-3-17-.01 ``Transportation
Conformity,'' was approved by EPA on March 26, 2009 (71 FR 13170).
However, EPA inadvertently omitted Table (c) in the regulatory text of
the Direct Final Rule. EPA is correcting this inadvertent error by
inserting Table (c) into Alabama's Identification of Plan section of
the Code of Federal Regulations at 40 CFR 52.50(c).
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's action to identify, in the CFR, the state
effective date of Alabama's regulation has no substantive impact on
EPA's March 26, 2009, approval of this regulation. The omission of
Table (c) in the regulatory text of EPA's final rule published on March
26, 2009, makes no substantive difference to EPA's analysis as set out
in that rule because EPA was aware at the time of our approval that the
state regulation at issue was effective on May 26, 2009. In addition,
EPA can identify no particular reason why the public would be
interested in being notified of the correction of this omission, or in
having the opportunity to comment on the correction prior to this
action being finalized, since this correction action does not change
the meaning of the regulation at issue or otherwise change EPA's
analysis of Alabama's submittal (71 FR 13118). EPA also finds that
there is good cause under APA section 553(d)(3) for this correction to
become effective on the date of publication of this action. Section
553(d)(3) of the APA allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' 5 U.S.C. 553(d)(3). The purpose of the
30-day waiting period prescribed in APA section 553(d)(3) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's rule
merely corrects an inadvertent error of omission in the regulatory text
of a prior rule by adding Table (c) for the Alabama regulation which
EPA approved on March 26, 2009. For these reasons, EPA finds good cause
under APA section 553(d)(3) for this correction to become effective on
the date of publication of this action.
Statutory and Executive Order Reviews
Under the Clean Air Act (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 November 23, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 10, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
[[Page 48386]]
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. In Sec. 52.50(c) the table is amended by revising the entry for
``Section 335-3-17.01'' to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 335-3-17 Conformity of Federal Actions to State Implementation Plans
----------------------------------------------------------------------------------------------------------------
Section 335-3-17.01............... Transportation 04/03/07 09/23/09 [Insert
Conformity. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E9-22814 Filed 9-22-09; 8:45 am]
BILLING CODE 6560-50-P
