57662 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 

flag) in a prominent location and by 

night a fixed red light. 

(iv) Whenever a vessel is handling or 

transferring Class 1 (explosive) materials 

while at anchor in Anchorage G, no 

other vessel may anchor in Anchorage G 

without the permission of the Captain of 

the Port. The Captain of the Port must 

consult with the Commander, Naval 

Base Norfolk, before granting a vessel 

permission to anchor in Anchorage G. 

(v) A vessel located within Anchorage 

G may not handle or transfer Class 1 

(explosive) materials within 400 yards 

of Norfolk Harbor Entrance Reach. 

(vi) A vessel may not handle or 

transfer Class 1 (explosive) materials 

within 850 yards of another anchored 

vessel, unless the other vessel is also 

handling or transferring Class 1 

(explosive) materials. 

(vii) A vessel may not handle or 

transfer Class 1 (explosive) materials 

within 850 yards of Anchorage F or H. 

(5) Anchorage I: Anchorage Berths I–

1 and I–2. A vessel that is 500 feet or 

less in length or that has a draft of 30 

feet or less may not anchor in 

Anchorage Berth I–1 or I–2 without the 

permission of the Captain of the Port. 

(6) Anchorage K: Anchorage Berths K–

1 and K–2. A vessel that is 500 feet or 

less in length or that has a draft of 30 

feet or less may not anchor in 

Anchorage Berth K–1 or K–2 without 

the permission of the Captain of the 

Port. 

(7) Anchorage N. Portions of this 

anchorage are a special anchorage area 

under § 110.72aa of this part during 

marine events regulated under § 100.501 

of this chapter. 

(8) Anchorage O. (i) A vessel may not 

anchor in Anchorage O unless it is a 

recreational vessel.

(ii) No float, raft, lighter, houseboat, or 

other craft may be laid up for any reason 

in Anchorage O without the permission 

of the Captain of the Port. 

(9) Anchorage Q: Quarantine 

Anchorage. (i) A vessel that is arriving 

from or departing for sea and that 

requires an examination by public 

health, customs, or immigration 

authorities may anchor in Anchorage Q. 

(ii) Every vessel using Anchorage Q 

must be prepared to move promptly 

under its own power to another location 

when directed by the Captain of the 

Port, and must promptly vacate 

Anchorage Q after being examined and 

released by authorities. 

(iii) When any vessel using Anchorage 

Q is under the charge of a pilot, the pilot 

shall remain on board while the vessel 

is in Anchorage Q. 

(iv) Any non-self-propelled vessel 

using Anchorage Q shall have a tugboat 

in attendance while undergoing 

examination by quarantine, customs, or 

immigration authorities, except with the 

permission of the Captain of the Port. 

(v) Any non-self-propelled vessel 

using Anchorage P shall have a tugboat 

in attendance while undergoing 

examination by quarantine, customs, or 

immigration authorities, except with the 

permission of the Captain of the Port.

Dated: September 2, 2004. 

Ben Thomason III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–21523 Filed 9–24–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF DEFENSE

Department of the Army; Corps of 

Engineers 

33 CFR Part 325

RIN 0710–AA51

Processing of Department of the Army 

Permits; Procedures for the Protection 

of Historic Properties

AGENCY: U.S. Army Corps of Engineers, 

DoD.

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is issuing an advance 

notice of proposed rulemaking 

(ANPRM) to obtain early comment on 

issues related to fulfilling the 

requirements of Section 106 of the 

National Historic Preservation Act in 

the Corps Regulatory Program. 

Specifically, we are soliciting comments 

on how our permit application 

processing procedures should be revised 

as a result of the 1992 amendments to 

the National Historic Preservation Act 

and the Advisory Council on Historic 

Preservation’s revised regulations on 

protection of historic property. We are 

also soliciting suggestions for 

facilitating government-to-government 

consultation with American Indian and 

Alaska Native governments, as well as 

consultation with State Historic 

Preservation Officers, Tribal Historic 

Preservation Officers, Native Hawaiian 

organizations, interested organizations, 

the regulated public, and other 

interested parties during the rulemaking 

process. Comments received in response 

to this ANPRM will be used to 

determine the course of action for 

revising our permit processing 

procedures for the protection of historic 

properties.

DATES: Submit comments on or before 

November 26, 2004.

ADDRESSES: Written comments should 

be sent to the U.S. Army Corps of 

Engineers, Attn: CECW–MVD (David B. 

Olson), 441 ‘‘G’’ Street, NW., 

Washington, DC 20314–1000, or by email to 

david.b.olson@hq02.usace.army.mil.

Electronic comments should be 

submitted in ASCII format or portable 

document format, to ensure that those 

comments can be read. Electronic files 

should avoid the use of special 

characters and any form of encryption, 

and be free of any defects or viruses. 

Consideration will be given to all 

comments received within 60 days of 

the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson at 202–761–4922 or access 

the U.S. Army Corps of Engineers 

Regulatory home page at http://

www.usace.army.mil/inet/functions/cw/

cecwo/reg/.

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Army Corps of Engineers 

(Corps) issues Department of the Army 

(DA) permits pursuant to Section 404 of 

the Clean Water Act (33 U.S.C. 1344), 

Section 10 of the Rivers and Harbors Act 

of 1899 (33 U.S.C. 403), and Section 103 

of the Marine Protection, Research, and 

Sanctuaries Act of 1972, as amended (33 

U.S.C. 1413) for certain activities in 

waters of the United States. The 

procedures for processing DA permits 

are found at 33 CFR part 325. We issue 

approximately 7,000 individual permits 

and 78,000 general permit verifications 

each year. In addition, many minor 

activities are authorized each year by 

non-reporting general permits.

On June 29, 1990 (55 FR 27000), we 

issued regulations at 33 CFR part 325, 

Appendix C to establish procedures to 

fulfill the requirements of Section 106 of 

the National Historic Preservation Act 

(NHPA) and other historic preservation 

laws applicable to the Corps Regulatory 

Program. Since Appendix C was issued, 

the NHPA was amended in 1992 and the 

Advisory Council on Historic 

Preservation (ACHP) revised its 

regulations at 36 CFR part 800 on 

December 12, 2000 (65 FR 77698), and 

July 6, 2004 (69 FR 40544). 

In the March 8, 2002, issue of the 

Federal Register (67 FR 10822) we 

published a notice to solicit comments 

on how the Corps should address the 

changes to the NHPA and 36 CFR part 

800. In response to that notice, we 

received 41 comments. Comments were 

received from Indian tribes, State 

Historic Preservation Officers, historic 

preservation organizations, industry 

groups, and individuals. Most 

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 57663

commenters expressed support for 

revising Appendix C to address the 1992 

amendments to the NHPA and the 

ACHP’s revised regulations at 36 CFR 

part 800. Many commenters provided 

specific recommendations for revising 

Appendix C. 

After considering the comments 

received in response to the March 8, 

2002, Federal Register notice, and 

reviewing the Federal agency program 

alternatives at 36 CFR 800.14, we 

identified several options for updating 

our permit application processing 

procedures to address the 1992 

amendments to the NHPA and the 

revised 36 CFR part 800. The options we 

identified are: 

• Revise Appendix C to incorporate 

the current requirements and 

procedures at 36 CFR part 800. 

• Revoke Appendix C and use 36 CFR 

part 800, subpart B when reviewing 

individual permit applications, and 

utilize Federal agency program 

alternatives at 36 CFR 800.14 for general 

permits. 

• Revoke Appendix C and use 36 CFR 

part 800, subpart B for all individual 

permits and general permits. 

• Revoke Appendix C and develop 

non-regulation alternative procedures in 

accordance with 36 CFR 800.14. 

We are requesting comments on the 

appropriateness and feasibility of these 

options. We are also inviting 

suggestions for other options that we 

have not identified. In addition, we are 

seeking recommendations for the 

preferred option that would be pursued 

through the Administrative Procedures 

Act rulemaking process to revise 

Regulatory Program procedures for the 

protection of historic properties. 

We are also soliciting comments and 

recommendations on appropriate means 

for fulfilling our government-togovernment consultation 

responsibilities with American Indian 

and Alaskan Native governments during 

the rulemaking process. Please see the 

section below entitled ‘‘Executive Order 

13175.’’

We are also seeking comments and 

suggestions on how to effectively 

consult with other interested parties, 

such as non-governmental 

organizations, industry groups, and 

permit applicant groups, during the 

rulemaking process. 

An objective of this rulemaking effort 

is to revise our permit processing 

procedures to afford appropriate 

protection of historic properties, while 

providing efficient and timely review of 

permit applications. 

Administrative Requirements 

Plain Language 

In compliance with the principles in 

the President’s Memorandum of June 1, 

1998, (63 FR 31855) regarding plain 

language, this preamble is written using 

plain language. Therefore, the use of 

‘‘we’’ in this notice refers the Corps and 

the use of ‘‘you’’ refers to the reader. We 

have also used the active voice, short 

sentences, and common everyday terms 

except for necessary technical terms. 

Executive Order 12866

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Corps must 

determine whether the regulatory action 

is ‘‘significant’’ and therefore subject to 

review by the Office of Management and 

Budget (OMB) and the requirements of 

the Executive Order. The Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order.

Pursuant to the terms of Executive 

Order 12866, we have determined that 

this ANPRM is not a ‘‘significant 

regulatory action’’ because it does not 

meet any of these four criteria. The 

ANPRM initiates the rulemaking 

process for revising our permit 

processing procedures for the protection 

of historic properties. 

Executive Order 13175

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (published 

at 65 FR 67249 on November 9, 2000), 

requires agencies to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ The phrase ‘‘policies that 

have tribal implications’’ is defined in 

the Executive Order to include 

regulations and other policy statements 

or actions that have ‘‘substantial direct 

effects 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.’’

This ANPRM and subsequent related 

rulemaking actions will have tribal 

implications. These rulemaking actions 

will have direct effects on tribal 

governments, on the relationship 

between the Federal government and 

the Indian tribes, or on the distribution 

of power and responsibilities between 

the Federal government and Indian 

tribes. The 1992 amendments to the 

NHPA and the ACHP’s revised 

regulations at 36 CFR part 800 require 

consultation with Indian tribes when 

Federal undertakings, such as activities 

that require DA permits, may affect 

historic properties on tribal lands or 

historic properties of religious and 

cultural significance to Indian tribes 

located off tribal lands. Therefore, 

revising our permit processing 

procedures for the protection of historic 

properties will have tribal implications. 

We are soliciting comments and 

suggestions for facilitating governmentto-government consultation with 

American Indian and Alaskan Native 

governments during this rulemaking 

process. The preamble for the final 

regulation resulting from this 

rulemaking process will contain the 

tribal summary impact statement 

required by the Executive Order. 

On October 20, 1998, the Department 

of Defense issued its ‘‘American Indian 

and Alaska Native Policy’’ (DoD policy). 

An annotated version of the DoD policy 

is available at: http://

www.usace.army.mil/inet/functions/cw/

cecwo/reg/DoDPolicy.pdf. We are 

soliciting comments on the DoD policy’s 

applicability to the Corps Regulatory 

Program, but we are not seeking 

comments on the DoD policy itself. 

Executive Order 12898

Executive Order 12898 requires that, 

to the greatest extent practicable and 

permitted by law, each Federal agency 

must make achieving environmental 

justice part of its mission. Executive 

Order 12898 provides that each Federal 

agency conduct its programs, policies, 

and activities that substantially affect 

human health or the environment in a 

manner that ensures that such programs, 

policies, and activities do not have the 

effect of excluding persons (including 

populations) from participation in, 

denying persons (including 

populations) the benefits of, or 

subjecting persons (including 

populations) to discrimination under 

such programs, policies, and activities 

57664 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 

because of their race, color, or national 

origin. 

This ANPRM is not expected to 

negatively impact any community, and 

therefore is not expected to cause any 

disproportionately high and adverse 

impacts to minority or low-income 

communities. This ANPRM will assist 

us in revising our permit processing 

procedures for the protection of historic 

properties, some of which are located in 

minority or low-income communities. 

Environmental Documentation 

We prepare appropriate 

environmental documentation, 

including Environmental Impact 

Statements when required, for all permit 

decisions. Therefore, environmental 

documentation under the National 

Environmental Policy Act is not 

required for this ANPRM. Appropriate 

environmental documentation has been, 

or will be, prepared for each action that 

is subjected to the permit application 

review process.

Dated: September 20, 2004. 

John Paul Woodley, Jr., 

Assistant Secretary for the Army (Civil 

Works), Department of the Army.

[FR Doc. 04–21540 Filed 9–24–04; 8:45 am] 

BILLING CODE 3710–92–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300

[FRL–7818–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List

AGENCY: Environmental Protection 

Agency.

ACTION: Notice of intent for partial 

deletion of the Centre County Kepone 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region III, announces its 

intent to delete a portion of the Centre 

County Kepone Superfund Site (the 

Site), comprising approximately 8 acres 

to the north of Struble Road (referred to 

as the ‘‘Administration Parcel’’), from 

the National Priorities List (NPL) and 

requests public comment on this action. 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is found 

in Appendix B of 40 CFR part 300, 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), 

have determined that because no 

manufacturing operations ever occurred 

on the Administration Parcel and it is 

located upgradient from the 

contaminated portions of the Site, that 

this portion of the Site may be deleted 

from the NPL. The partial deletion 

pertains only to the Administration 

Parcel of the Site. The other portions of 

the Site will remain on the NPL, and 

response actions will continue. This 

action does not preclude further actions 

under Superfund. 

In the ‘‘Rules and Regulations’’

section of today’s Federal Register, EPA 

is publishing a direct final notice of 

deletion of the Administration Parcel of 

the Centre County Kepone Superfund 

Site without prior notice of intent to 

delete because EPA views this as a noncontroversial revision and anticipates 

no adverse comment. EPA has 

explained its reasons for this deletion in 

the preamble to the direct final deletion. 

If EPA receives no adverse comment(s) 

on the direct final notice of deletion, 

EPA will not take further action on this 

notice of intent to delete. If EPA 

receives adverse comment(s), EPA will 

withdraw the direct final notice of 

deletion and it will not take effect. EPA 

will, as appropriate, address all public 

comments in a subsequent final deletion 

notice based on this notice of intent to 

delete. EPA will not institute a second 

comment period on this notice based on 

this notice of intent to delete. Any 

parties interested in commenting must 

do so at this time. For additional 

information, see the direct final notice 

of deletion, which is located in the 

Rules section of this Federal Register.

DATES: EPA will accept comments until 

October 27, 2004.

ADDRESSES: Written comments should 

be addressed 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.

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: For 

additional information, see the Direct 

Final Notice of Deletion, which is 

located in the Rules section of this 

Federal Register. 

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.

List of Subjects in 40 CFR Part 300

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply.

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193.

Dated: September 14, 2004. 

Andrew Carlin, 

Acting Regional Administrator, Region III.

[FR Doc. 04–21494 Filed 9–24–04; 8:45 am] 

BILLING CODE 6560–50–P

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 1852

RIN 2700–AD03

NASA Research Announcements—

Small Business Subcontracting Plans 

and Publication Acknowledgement and 

Disclaimers

AGENCY: National Aeronautics and 

Space Administration.

ACTION: Proposed rule.

SUMMARY: This proposed rule amends 

the NASA FAR Supplement to require 

for NASA Research Announcements: 

Submission of a small business 

subcontracting plan with any proposal 

having subcontracting possibilities that 

may result in the award of a contract 

whose value exceeds $500,000; and 

acknowledgement of NASA sponsorship 

and disclaimer of agency endorsement 

of results.

DATES: Comments must be received by 

November 26, 2004.

ADDRESSES: Interested parties may 

submit comments, identified by RIN 

number 2700–AD03, via the Federal 

eRulemaking Portal: http://