Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules 49833 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves establishing a safety zone and 

is categorically excluded under figure 

2–1, paragraph (34)(g), of the 

Instruction. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add new temporary zone 

§ 165.T11–222 to read as follows: 

§ 165.T11–222 Safety zone; San Diego 

Parade of Lights Fireworks; San Diego, 

California. 

(a) Location. The limits of the safety 

zone will include a 400 foot radius 

around the barge in approximate 

position 32°43′23′′ N, 117°11′57′′ W. 

(b) Enforcement Period. This section 

will be enforced from 5:30 p.m. to 10 

p.m. on December 13, 2009 and 

December 20, 2009. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Sector San Diego Command Center. The 

Command Center may be contacted on 

VHF–FM Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: July 28, 2009. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. E9–23442 Filed 9–28–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0547; FRL–8963–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Determination of Clean Data 

for the 1997 Fine Particulate Matter 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: EPA is reopening the 

comment period for a notice of 

proposed rulemaking (NPR) published 

on July 31, 2009 (74 FR 38154) and 

corrected on August 27, 2009 (74 FR 

43653). In the NPR, EPA proposed to 

determine that Berkeley County, part of 

the Hagerstown-Martinsburg MD–WV 

nonattainment area; Wood County and 

the Grant Tax District in Pleasants 

County, part of the Parkersburg-Marietta 

WV–OH nonattainment area; and 

Marshall County and Ohio County, part 

of the Wheeling WV–OH nonattainment 

area for the 1997 National Ambient Air 

Quality Standard (NAAQS) for fine 

particulate (PM25) have clean data for 

the 1997 PM25 NAAQS. EPA received 

comments from EarthJustice pertaining 

to the design value calculations for the 

Hagerston-Martinsburg nonattainment 

area. EarthJustice also requested that the 

2009 monitored data referred to in the 

proposed rule be made available as part 

of the record and that the proposed rule 

either be revised or the comment period 

reopened to allow the public to consider 

the data. EPA is therefore reopening the 

comment period and including the data 

that was relied upon for the clean data 

determination as well as the 2009 

monitored data. The data relied upon by 

EPA is now provided in a Technical 

Support Document which is included in 

the record for this rulemaking. EPA is 

reopening the comment period through 

October 29, 2009. All comments 

received on or before October 29, 2009 

will be entered into the public record 

and considered by EPA before taking 

final action on the proposed rule. 

DATES: Written comments must be 

received on or before October 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0547 by one of the 

following methods: 

http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
49834 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules 

C. Mail: EPA–R03–OAR–2009–0547, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0547. 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:// 

www.regulations.gov, 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 http:// 

www.regulations.gov. or e-mail. The 

http://www.regulations.gov. Web site is 

an ‘‘anonymous access’’ system, 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 http:// 

www.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 an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov. index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in http:// 

www.regulations.gov. or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

Dated: September 18, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–23500 Filed 9–28–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0199; FRL–8963–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Determination of Clean Data 

for the 1997 Fine Particulate Matter 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: EPA is reopening the 

comment period for a notice of 

proposed rulemaking (NPR) published 

on July 31, 2009 (74 FR 38161). In the 

NPR, EPA proposed to determine that 

the Baltimore, Maryland portion of the 

Hagerstown-Martinsburg nonattainment 

areas for the 1997 National Ambient Air 

Quality Standard (NAAQS) fine 

particulate (PM2.5) have clean data for 

the 1997 PM2.5 NAAQS. EPA received 

comments from EarthJustice requesting 

that the 2009 monitored data referred to 

in the proposed rule be made available 

as part of the record and that the 

proposed rule either be revised or the 

comment period reopened to allow the 

public to consider the data. EPA is, 

therefore, reopening the comment 

period and including the data that was 

relied upon for the proposed clean data 

determination as well as the 2009 

monitored data. The data relied upon by 

EPA is now provided in a Technical 

Support Document which is included in 

the record for this rulemaking. EPA is 

reopening the comment period through 

October 29, 2009. All comments 

received on or before October 29, 2009 

will be entered into the public record 

and considered by EPA before taking 

final action on the proposed rule. 

DATES: Written comments must be 

received on or before October 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0199 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0199, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0199. 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:// 

www.regulations.gov, 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, 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 http:// 

www.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 an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS