Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 42671 

to the conference, please e-mail 

Sarah.McKinley@ferc.gov no later than 5 

p.m. (EDT) on Tuesday, August 18, 

2009. You will then receive a 

confirmation e-mail containing the dialin number and password. Staff requests 

that, to the extent possible, individuals 

calling from the same location share a 

single telephone line. 

The conference will not be 

transcribed, and all interested persons 

will be afforded the opportunity to file 

post-conference comments. Dates for 

filing such comments will be 

established at the technical conference. 

Also, representatives from the 

Commission’s Dispute Resolution 

Services office will be available to offer 

assistance to the parties to the extent 

they seek to pursue settlement 

negotiations. 

Commission conferences are 

accessible under section 508 of the 

Rehabilitation Act of 1973. For 

accessibility accommodations, please 

send an e-mail to accessibility@ferc.gov 

or call toll free 1–866–208–3372 (voice) 

or 202–208–1659 (TTY), or send a FAX 

to 202–208–2106 with the required 

accommodations. 

For further information about this 

conference, please contact: Sarah 

McKinley, 202–502–8368, 

Sarah.McKinley@ferc.gov, for logistical 

issues and either Kendra Pace at 202– 

502–6703 or e-mail 

Kendra.Pace@ferc.gov or Christopher 

Demko at 202–502–6519 or e-mail 

Christopher.Demko@ferc.gov for other 

concerns. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–20214 Filed 8–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. AD09–9–000] 

Small Hydropower Development in the 

United States; Notice of Technical 

Conference 

August 14, 2009. 

Take notice that the Federal Energy 

Regulatory Commission will hold a 

Commissioner-led technical conference 

on December 2, 2009, from 1 p.m. to 5 

p.m. Eastern Time in the Commission 

Meeting Room at the Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. The 

conference will be open to the public 

and advance registration is not required. 

The purpose of this conference is to 

explore issues related to licensing small 

non-federal hydropower projects in the 

United States. Specifically, the 

participants will discuss the 

Commission’s program for granting 

licenses and exemptions from licensing, 

including 5-megawatt and conduit 

exemptions. The conference will also 

provide an opportunity for industry, 

state and federal agencies, tribes, and 

other stakeholders to express their 

views and suggestions for processing 

applications for small hydropower 

projects. The agenda for this conference 

will be published at a later date. 

A free webcast of this conference will 

be available through http:// 

www.ferc.gov. Transcripts of the 

conference will also be made available. 

Instructions for viewing the webcast and 

for obtaining transcripts will be 

published at a later date. 

Commission conferences are 

accessible under section 508 of the 

Rehabilitation Act of 1973. For 

accessibility accommodations, please 

send an e-mail to accessibility@ferc.gov 

or call toll free (866) 208–3372 (voice) 

or (202) 208–1659 (TTY), or send a FAX 

to (202) 208–2106 with the required 

accommodations. 

For more information about this 

conference, please contact Steve 

Hocking at (202) 502–8753 or 

steve.hocking@ferc.gov. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–20239 Filed 8–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RM98–1–000] 

Records Governing Off-the-Record 

Communications; Public Notice 

July 31, 2009. 

This constitutes notice, in accordance 

with 18 CFR 385.2201(b), of the receipt 

of prohibited and exempt off-the-record 

communications. 

Order No. 607 (64 FR 51222, 

September 22, 1999) requires 

Commission decisional employees, who 

make or receive a prohibited or exempt 

off-the-record communication relevant 

to the merits of a contested proceeding, 

to deliver to the Secretary of the 

Commission, a copy of the 

communication, if written, or a 

summary of the substance of any oral 

communication. 

Prohibited communications are 

included in a public, non-decisional file 

associated with, but not a part of, the 

decisional record of the proceeding. 

Unless the Commission determines that 

the prohibited communication and any 

responses thereto should become a part 

of the decisional record, the prohibited 

off-the-record communication will not 

be considered by the Commission in 

reaching its decision. Parties to a 

proceeding may seek the opportunity to 

respond to any facts or contentions 

made in a prohibited off-the-record 

communication, and may request that 

the Commission place the prohibited 

communication and responses thereto 

in the decisional record. The 

Commission will grant such a request 

only when it determines that fairness so 

requires. Any person identified below as 

having made a prohibited off-the-record 

communication shall serve the 

document on all parties listed on the 

official service list for the applicable 

proceeding in accordance with Rule 

2010, 18 CFR 385.2010. 

Exempt off-the-record 

communications are included in the 

decisional record of the proceeding, 

unless the communication was with a 

cooperating agency as described by 40 

CFR 1501.6, made under 18 CFR 

385.2201(e)(1)(v). 

The following is a list of off-therecord communications recently 

received by the Secretary of the 

Commission. The communications 

listed are grouped by docket numbers in 

ascending order. These filings are 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the eLibrary 

link. Enter the docket number, 

excluding the last three digits, in the 

docket number field to access the 

document. For assistance, please contact 

FERC, Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

Exempt: 

Docket No. File date Presenter or requester 

1. CP08–431–000 ........................................................................................................................... 07–28–09 Sherrod Brown. 

2. P–400–051 ................................................................................................................................. 08–05–09 Greg Stobb, 

Edwin Schlapfer. 


erowe on DSK5CLS3C1PROD with NOTICES
42672 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 

Docket No. File date Presenter or requester 

3. P–405–087 ................................................................................................................................. 08–03–09 Benjamin L. Cardin. 

4. P–12569–001 ............................................................................................................................. 08–06–09 Gregory Griffith. 

5. P–12569–001 ............................................................................................................................. 08–04–09 Dan Boettger. 

6. P–12737–002 ............................................................................................................................. 08–06–09 Brenda Winn. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–20213 Filed 8–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8948–4] 

North Carolina Waters Along the Entire 

Length of New Hanover County No 

Discharge Zone Determination 

The Environmental Protection Agency 

(EPA), Region 4, concurs with the 

determination of the North Carolina 

Department of Environment and Natural 

Resources (DENR), Division of Water 

Quality (DWQ) that adequate and 

reasonably available pumpout facilities 

exist for the designation of New 

Hanover County North Carolina Coastal 

Waters as a No Discharge Zone (NDZ). 

Specifically these waters extend three 

nautical miles (nm) into the Atlantic 

Ocean along the entire length of New 

Hanover County, including Futch Creek, 

Pages Creek, Bradley Creek, Hewlett’s 

Creek, Howe Creek, Whiskey Creek, 

Snow’s Cut, as well as unnamed 

tributaries and all unnamed tidal creeks 

to those waters. 

The geographic description including 

latitudes and longitudes are as follows: 

Northern border of New Hanover 

County with southern border of Pender 

County (34°17′53.5′′ N 77°42′32.2′′ W), 

to a point 3 nm off the coast at the 

intersection of New Hanover and Pender 

Counties (34°16′01.9′′ N 77°40′20.5′′ W). 

Intersection of the southern tip of 

New Hanover County with Brunswick 

County at the Cape Fear River 

(33°55′43.0′′ N 77°56′13.6′′ W), 

southeastward along the extended 

intersection of the two counties, 3 nm 

into the Atlantic Ocean (33°53′07.5′′ N 

77°55′34.5′′ W). 

This petition was filed pursuant to the 

Clean Water Act, Section 312(f)(3), 

Public Law 92–500 as amended by 

Public Law 95–217 and Public Law 

100–4. A NDZ is defined as a body of 

water in which the discharge of vessel 

sewage, both treated and untreated, is 

prohibited. 

Section 312(f)(3) states: 

After the effective date of the initial 

standards and regulations promulgated under 

this section, if any State determines that the 

protection and enhancement of the quality of 

some or all of the waters within such States 

require greater environmental protection, 

such State may completely prohibit the 

discharge from all vessels of any sewage, 

whether treated or not, into such waters, 

except that no such prohibition shall apply 

until the Administrator determines that 

adequate facilities for the safe and sanitary 

removal and treatment of sewage from all 

vessels are reasonably available for such 

water to which such prohibition would 

apply. 

According to DENR DWQ the 

following facilities are located in New 

Hanover County for pumping out vessel 

holding tanks: 

(1) Carolina Beach Municipal Marina, 

Carolina Beach, 910–458–2540, open 

24/7, 6′ draft at mean low tide 

(2) Carolina Beach State Park Marina, 

Carolina Beach State Park, Carolina 

Beach, 910–458–7770, 8 a.m.–5:45 p.m., 

7 days/week, 6′ draft at mean low tide 

(3) Federal Point Yacht Club, 910 

Basin Road, Carolina Beach, 910–458– 

4511, only available to club members, 5′ 

draft at mean low tide 

(4) Mona Black Marina, Carolina 

Beach, 910–458–0575, open 24/7, 20′ 

draft at mean low tide 

(5) Joyner Marina, Carolina Beach, 

910–458–5053, open 7 a.m.–6 p.m., 7 

days per week, 6′ draft at mean low tide 

(6) Bridge Tender Marina, City of 

Wilmington, 910–256–6550, 7 a.m.–8 

p.m., 7 days/week, 10′ draft at mean low 

tide 

(7) Creekside Yacht Club, City of 

Wilmington, 910–350–0023, 

Operational December 2009, 4′ draft at 

mean low tide 

(8) Sea Path Yacht Club, Town of 

Wrightsville Beach, 910–256–3747, 7 

a.m.–7 p.m., 7 days/week, 10′ draft at 

mean low tide 

(9) Wrightsville, Beach Marina & 

Transient Dock, Town of Wrightsville 

Beach, 910–256–6666, 7 a.m.–7 p.m., 7 

days/week, 12′ draft at mean low tide 

Two Marinas that are located within 

7 nautical miles of the proposed NDZ 

are: 

(A) Wilmington Marine Center, 910– 

395–5055, 8 a.m.–5 p.m. 7 days/week, 7′ 

draft at mean low tide 

(B) Bald Head Island Marina, 910– 

457–7380, 8:30 a.m.–5:30 p.m. 7 days/ 

week, 8′ draft at mean low tide 

The total vessel population for New 

Hanover County as of August 5, 2008 

was 13,940. This number reflects active 

vessel registrations and was obtained 

from the North Carolina Wildlife 

Resources Commission. During the 

period of 2006 to 2008, the total number 

of active registered vessels increased 

nearly 15%. The result is that there are 

nearly 1,800 more pleasure boats in the 

area waters today than just two years 

ago, with the largest increase occurring 

in boats between 16′ and 25′ in length. 

It is recognized that only a percentage 

of the vessels in the coastal waters of 

New Hanover County are equipped with 

a Marine Sanitation Device (MSD). To 

estimate the number of MSDs in use, 

percentages obtained from EPA (Region 

2) were applied, and are listed below: 

Boat Length Percent with 

MSDs 

<16′ ........................................... 8.3 

16′–25′ ...................................... 10.6 

26′–40′ ...................................... 78.5 

>40′ ........................................... 82.6 

This yields an estimated 2,046 MSDs 

in use by registered boats within New 

Hanover County. 

Through the use of a marina survey, 

the number of transient boats serviced 

by marinas in New Hanover County was 

calculated to be approximately 180 per 

month. This figure was arrived at by 

using the peak season transient boat 

figures from each marina. Using the 

figures for both county and transient 

boats, the total number of MSDs in the 

New Hanover County waters is 

estimated to be 2,194. There are 9 

marinas within New Hanover County 

and this yields a ratio of about 244 boats 

per pumpout facility. This figure does 

not include the two marinas that are 

located within 7 nautical miles of this 

proposed NDZ area. 

All vessel pumpout facilities that are 

described either discharge into State 

approved and regulated septic tanks or 

State approved on site waste treatment 

plant, or the waste is collected into a 

large holding tank for transport to a 

sewage treatment plant. Thus all vessel 

sewage will be treated to meet existing 

standards for secondary treatment. 

Comments regarding this proposed 

action should be addressed to David 

Parker, Chief, Coastal Section, EPA 

Region 4, Water Protection Division, 61 

Forsyth Street, Atlanta, Georgia 30303– 


erowe on DSK5CLS3C1PROD with NOTICES