Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules 51245 

Civil Justice Reform 

This proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

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 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 the establishment of a special 

local regulation which is categorically 

excluded from further environmental 

analysis under paragraph 34(h) 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 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. 

2. Add § 100.123 to read as follows: 

§ 100.123: Fran Schnarr Open Water 

Championships, Huntington Bay, New York. 

(a) Regulated area. All navigable 

waters of Huntington Bay, NY within 

100 yards of the swim race course 

consisting of the following points: Start/ 

Finish at approximate position 

40°54′25.8′′ N 073°24′28.8′′ N, East Turn 

at approximate position 40°54′45′′ N 

073°23′36.6′′ N and a West Turn at 

approximate position 40°54′31.2′′ N 

073°25′21′′ N. 

(b) Definitions. The following 

definition applies to this section: 

Designated on-scene patrol personnel, 

means any commissioned, warrant or 

petty officer of the U.S. Coast Guard 

operating Coast Guard vessels who have 

been authorized to act on the behalf of 

the Captain of the Port Long Island 

Sound. 

(c) Special local regulations. (1) The 

general regulations contained in 33 CFR 

100.35 and 100.40 apply. 

(2) In accordance with the general 

regulations in § 100.35 of this part, No 

person or vessel may enter, transit, or 

remain within the regulated area during 

the effective period of regulation unless 

they are officially participating in the 

Fran Schnarr Open Water Swim event 

or are otherwise authorized by the 

Designated On-scene Patrol Personnel. 

(3) All persons and vessels must 

comply with the instructions from the 

Coast Guard Captain of the Port Long 

Island Sound or the designated on-scene 

patrol personnel. The Designated Onscene Patrol Personnel may delay, 

modify, or cancel the swim event as 

conditions or circumstances require. 

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

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(5) Persons and vessels desiring to 

enter the regulated area may request 

permission to enter from the designated 

on scene patrol personnel on VHF–16 or 

to the Captain of the Port, Long Island 

Sound via phone at (203) 468–4401. 

(d) Enforcement Period. This rule is 

enforced from 7:15 a.m. to 11:30 a.m. on 

a specified day each July to be 

determined on an annual basis. 

Notification of the specific date for the 

swim race and enforcement of the 

special local regulation will be made via 

separate notice in the Federal Register, 

marine broadcasts and local notice to 

mariners. 

Dated: June 17, 2009. 

Daniel A. Ronan, 

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

Port Long Island Sound. 

[FR Doc. E9–24007 Filed 10–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 151, 155, and 160 

[USCG–2008–1070] 

RIN 1625–AB27 

Nontank Vessel Response Plans and 

Other Vessel Response Plan 

Requirements 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meetings; 

request for comments; correction. 

SUMMARY: The Coast Guard is issuing a 

correction to an earlier document that 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
51246 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules 

published on September 25, 2009, in 

order to correct the date of the 

Washington, DC, public meeting. Our 

earlier notice listed 2 different dates for 

the same meeting; the correct date is 

October 28, 2009. 

DATES: The public meetings will be held 

at the following locations: 

• Washington, DC, October 28, 2009, 

from 1 p.m. to 3:30 p.m. 

• Oakland, CA, November 3, 2009, 

from 1 p.m. to 3:30 p.m. 

• New Orleans, LA, November 19, 

2009, from 4:30 p.m. to 7 p.m. 

Written comments and related material 

may also be submitted to Coast Guard 

personnel specified at that meeting. The 

comment period for the proposed rule 

closes November 30, 2009. All 

comments and related material 

submitted after the meeting must either 

be submitted to our online docket via 

http://www.regulations.gov on or before 

November 30, 2009, or reach the Docket 

Management Facility by that date. 

ADDRESSES: The public meetings will be 

held at the following locations: 

• Washington, DC—United States 

Coast Guard Headquarters Building, 

Room 4202, 2100 Second St., SW., 

Washington, DC 20593. 

• Oakland, CA—Ronald V. Dellums 

Federal Building, Auditorium, 3rd Floor 

North Tower, 1301 Clay Street, Oakland, 

CA 94612. 

• New Orleans, LA—Ernest N. Morial 

Convention Center, Room 208, Exhibit 

Hall A, 900 Convention Center Blvd., 

New Orleans, LA 70130. 

You may submit written comments 

identified by docket number USCG– 

2008–1070 before or after the meeting 

using any one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. Our online 

docket for this rulemaking is available 

on the Internet at http:// 

www.regulations.gov under docket 

number USCG–2008–1070. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, contact Lieutenant Jarrod 

DeWitz, U.S. Coast Guard, Office of 

Vessel Activities, Vessel Response Plan 

Review Team, telephone (202) 372– 

1219. You may also e-mail questions to 

Jarrod.M.DeWitz@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

The Coast Guard is issuing this 

correction to an earlier notice that 

published on September 25, 2009, (74 

FR 48891) in order to correct the date 

of the Washington, DC, public meeting. 

Our earlier notice listed 2 different dates 

for the same meeting; the correct date is 

October 28, 2009. The time/location of 

the Washington, DC, public meeting 

remains unchanged. The dates/times/ 

locations for the Oakland, CA, and New 

Orleans, LA, public meetings remain 

unchanged. 

We encourage you to participate in 

this rulemaking by submitting 

comments either orally at a meeting or 

in writing. If you bring written 

comments to a meeting, you may submit 

them to Coast Guard personnel specified 

at the meeting to receive written 

comments. These comments will be 

submitted to our online public docket. 

All comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Information on Service for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact Lieutenant 

Jarrod DeWitz at the telephone number 

indicated under the FOR FURTHER

INFORMATION CONTACT section of this 

notice. 

Public Meeting 

The Coast Guard will hold three 

public meetings regarding this proposed 

rulemaking on the following dates and 

at the following locations: 

• Washington, DC, October 28, 2009, 

from 1 p.m. to 3:30 p.m., at the United 

States Coast Guard Headquarters 

Building, Room 4202, 2100 Second 

Street, SW., Washington, DC 20593. 

Note: A government-issued photo 

identification (for example, a driver’s 

license) will be required for entrance to 

the building. 

• Oakland, CA, November 3, 2009, 

from 1 p.m. to 3:30 p.m., at the Ronald 

V. Dellums Federal Building, 

Auditorium, 3rd Floor North Tower, 

1301 Clay Street, Oakland, CA 94612. 

Note: A government-issued photo 

identification (for example, a driver’s 

license) will be required for entrance to 

the building. 

• New Orleans, LA, November 19, 

2009, from 4:30 p.m. to 7 p.m., at the 

Ernest N. Morial Convention Center, 

Room 208, Exhibit Hall A, 900 

Convention Center Blvd., New Orleans, 

LA 70130. 

Members of the public may attend 

these meetings up to the seating 

capacity of the rooms. The meetings 

may conclude before the allotted time if 

all matters of concern have been 

addressed. 

We plan to record each meeting using 

an audio-digital recorder and to make 

that audio recording available through a 

link in our online docket. A written 

summary of comments made and a list 

of attendees will be placed in the docket 

after each meeting concludes. 

Dated: September 30, 2009. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. E9–24008 Filed 10–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0751–200920; FRL– 

8965–9] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; North Carolina: 

Hickory-Morganton-Lenoir; 

Determination of Attaining Data for the 

1997 Fine Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Hickory-MorgantonLenoir, North Carolina, (hereafter 

referred to as ‘‘Hickory, North 

Carolina’’) nonattainment area for the 

1997 fine particulate matter (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) has attained the 1997 PM2.5


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS