Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57647

(b) will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the 

analysis performed under various laws 

and executive orders for the counterpart 

Federal regulations. 

Unfunded Mandates

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the analysis performed under various 

laws and executive orders for the 

counterpart Federal regulations.

List of Subjects in 30 CFR Part 948 

Intergovernmental relations, Surface 

mining, Underground mining.

Dated: August 12, 2004. 

Brent Wahlquist, 

Regional Director, Appalachian Regional 

Coordinating Center.

■ For the reasons set out in the preamble, 

30 CFR part 935 is amended as set forth 

below:

PART 935—OHIO

■ 1. The authority citation for part 935 

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

■ 2. Section 935.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows:

§ 935.15 Approval of Ohio regulatory 

program amendments.

* * * * *

Original amendment submission 

date Date of final publication Citation/description 

* * * * * * * 

November 7, 2003 ......................... September 27, 2004 ...................... OAC 1501:13–1–02(A), (D), (N), (O), (R), (MMMM), (OOOO); 

1501:13–4– 15(C)(2)(a),(b),(c); (C)(3)(b); (E)(3); (F)(1), (H)(3)(c). 

[FR Doc. 04–21539 Filed 9–24–04; 8:45 am] 

BILLING CODE 4310–05–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–04–160] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Sunset Lake, Wildwood Crest, 

NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a special local regulation 

during the ‘‘Sunset Lake Hydrofest,’’ a 

marine event to be held October 2 and 

3, 2004, on the waters of Sunset Lake, 

Wildwood Crest, New Jersey. This 

special local regulation is necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action will restrict vessel traffic in 

portions of Sunset Lake during the 

event.

DATES: This rule is effective from 7 a.m. 

on October 2, 2004, to 6 p.m. on October 

3, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

160 and are available for inspection of 

copying at Commander (oax), Fifth 

Coast Guard District, 431 Crawford 

Street, Portsmouth, Virginia 23704–

5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Dennis Sens, Project Manager, Auxiliary 

and Recreational Boating Safety Branch, 

at (757) 398–6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B) and 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing a NPRM 

and for making this regulation effective 

less than 30 days after publication in the 

Federal Register. Publishing a NPRM 

and delaying its effective date would be 

contrary to public interest, since 

immediate action is needed to protect 

event participants, spectator craft, and 

other vessels transiting the event area 

from the dangers in high-speed power 

boats racing. Additionally, the 

parameters of the safety zone are limited 

to the race area, and the length of time 

this zone will be effective is limited to 

the times and dates of the event. 

Background and Purpose 

On October 2 and 3, 2004, the Sunset 

Lake Hydrofest Association will sponsor 

the ‘‘Sunset Lake Hydrofest’’ on the 

waters of Sunset Lake near Wildwood 

Crest, New Jersey. The event will 

consist of approximately 100 inboard 

hydroplanes, Jersey Speed Skiffs, and 

flat-bottom Ski boats racing in heats 

counter-clockwise around an oval 

racecourse. A fleet of approximately 100 

spectator vessels is expected to gather 

nearby to view the competition. Due to 

the need for vessel control during the 

event, vessel traffic will be temporarily 

restricted to provide for the safety of 

participants, spectators, and transiting 

vessels. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary special local regulation on 

specified waters of Sunset Lake. The 

temporary special local regulation will 

be enforced from 7:30 a.m. to 4:30 p.m. 

on October 2 and 3, 2004, and will 

restrict general navigation in the 

regulated area during the event. Except 

for participants and vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel will be allowed to 

enter or remain in the regulated area. 

This regulation is needed to control 

vessel traffic during the event to 

enhance the safety of participants, 

spectators and transiting vessels. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS).

57648 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. Although this 

regulation prevents traffic from 

transiting a portion of Sunset Lake 

during the event, the effect of this 

regulation would not be significant due 

to the limited duration that the 

regulated area will be in effect and the 

extensive advance notifications that will 

be made to the maritime community via 

the Local Notice to Mariners, marine 

information broadcasts, and area 

newspapers, so mariners can adjust 

their plans accordingly. Additionally, 

the regulated area has been narrowly 

tailored to impose the least impact on 

general navigation yet provide the level 

of safety deemed necessary. Vessel 

traffic would be able to transit Sunset 

Lake by navigating to the north of the 

regulated area or could seek approval 

from the patrol commander to travel 

through the regulated area. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule affects the following entities, 

some of which might be small entities: 

the owners or operators of vessels 

intending to transit or anchor in a 

portion of Sunset Lake during the event. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule will be in 

effect for only a limited period. Vessel 

traffic could pass safely to the north of 

the regulated area or could seek 

approval from the patrol commander to 

travel through the regulated area. Before 

the enforcement period, we will issue 

maritime advisories so mariners can 

adjust their plans accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them. If the 

rule will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the address 

listed under ADDRESSES. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble.

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

will not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We determined 

that it is not a ‘‘significant energy 

action’’ under that order because it is 

not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies.

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(h), of the

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57649

Instruction, from further environmental 

documentation. Special local 

regulations issued in conjunction with a 

regatta or marine parade permit are 

specifically excluded from further 

analysis and documentation under that 

section. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows:

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS

■ 1. The authority citation for part 100 

continues to read as follows:

Authority: 33 U.S.C. 1233; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add temporary § 100.35–T05–160 to 

read as follows:

§ 100.35–T05–160 Sunset Lake, Wildwood 

Crest, NJ. 

(a) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Group 

Atlantic City. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Group Atlantic City with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(3) Participant includes all vessels 

participating in the Sunset Lake 

Hydrofest under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Group Atlantic City. 

(4) Regulated area includes all waters 

of Sunset Lake, New Jersey, from 

shoreline to shoreline, south of latitude 

38°58′32′′ N. All coordinates reference 

Datum: NAD 1983. 

(b) Special local regulations. (1) 

Except for event participants and 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(iii) Unless otherwise directed by the 

Official Patrol, operate at a minimum 

wake speed not to exceed six (6) knots. 

(c) Enforcement period. This section 

will be enforced from 7 a.m. on October 

2, 2004, to 6 p.m. on October 3, 2004.

Dated: September 14, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–21593 Filed 9–24–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7818–1] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List

AGENCY: Environmental Protection 

Agency.

ACTION: Direct final notice of partial 

deletion of the Centre County Kepone 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region III, is publishing 

a direct final notice of deletion of a 

portion of the Centre County Kepone 

Superfund Site (the Site), located in 

State College, Pennsylvania, from the 

National Priorities List (NPL). The 

deletion affects approximately 8 acres, 

referred to as the ‘‘Administration 

Parcel’’. 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is 

Appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final deletion is being 

published by EPA with the concurrence 

of the Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), 

because no manufacturing operations 

ever occurred on the Administration 

Parcel and it is located upgradient from 

the contaminated portions of the Site. 

Therefore, remedial action pursuant to 

CERCLA is not appropriate.

DATES: This direct final deletion will be 

effective November 26, 2004, unless 

EPA receives adverse comments by 

October 27, 2004. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect.

ADDRESSES: Comments may be mailed 

to: David Polish, Community 

Involvement Coordinator, U.S. EPA 

Region III, Mailcode 3HS43, 1650 Arch 

Street, Philadelphia, Pennsylvania 

19103–2029, (215) 814–3327 or 1–800–

553–2509, polish.david@epa.gov. 

Information Repositories: Repositories 

have been established to provide 

detailed information concerning this 

decision at the following addresses: U.S. 

EPA Region III Library, U.S. EPA Region 

III, 1650 Arch Street, Philadelphia, 

Pennsylvania 19103–2029, (215) 814–

5000, Monday through Friday 8 a.m. to 

12 p.m.; Schlow Memorial Library, 118 

South Fraser Street, State College, PA 

16801, (814) 237–6236, Monday through 

Wednesday 9 a.m. to 9 p.m., Thursday 

12 p.m. to 9 p.m., Friday 9 a.m. to 6 

p.m., Saturday 9 a.m. to 5 p.m., Sunday 

(during school year) 1:30 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT:

Frank Klanchar, Project Manager, U.S. 

EPA Region III, Mailcode 3HS22, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103–2029, (215) 814–3218 or 1–800–

438–2474, klanchar.frank@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Partial Site Deletion 

V. Deletion Action

I. Introduction 

The Environmental Protection Agency 

(EPA) Region III is publishing this direct 

final notice of deletion of a portion of 

the Centre County Kepone Superfund 

Site (the Site), located in State College, 

Pennsylvania, from the NPL. This 

deletion pertains to approximately 8 

acres to the north of Struble Road, 

referred to as the Administration Parcel, 

which includes the current RUTGERS 

Organics Corporation (ROC) 

Administration Building and associated 

parking and open areas.

The Administration Parcel has never 

been used for manufacturing operations 

and is located upgradient from the 

contaminated portion of the Site. EPA 

proposes to delete the Administration 

Parcel because no contamination at or 

above levels that present a significant 

risk to public health, welfare, or the 

environment has been found at or 

originating from the Administration 

Parcel. Therefore, response activities are 

not appropriate in this portion of the 

Site. 

The EPA identifies sites that appear to 

present a significant risk to public 

health or the environment and