Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55479 

Energy Effects 

We have analyzed this 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this 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 concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone and is therefore categorically 

excluded under paragraph 34(g) of the 

Instruction. 

A final environmental analysis check 

list and categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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 amends 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; 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T09–0791 is 

as follows: 

§ 165.T09–0791 Safety Zone; Revolution 3 

Cedar Point Triathlon, Lake Erie & 

Sandusky Bay, Cedar Point, OH. 

(a) Location. The following area is a 

safety zone: 

(1) Primary Safety Zone; Lake Erie. 

All waters of Lake Erie within the 

geographic area bounded by the 

following coordinates: Starting at 

position 41°29′06′′ N, 082°40′56′′ W; 

then extending northeast to position 

41°29′37′′ N, 082°40′14′′ W; then 

extending southeast to position 

41°29′14′′ N, 082°39′52′′ W; then 

extending southwest to position 

41°28′46′′ N, 082°40′38′′ W; then 

returning to the starting position. 

[DATUM: NAD 83]. 

(2) Alternate Safety Zone; Sandusky 

Bay. All waters of the Sandusky Bay 

within the geographic area bounded by 

the following coordinates: Starting at 

position 41°28′22′′ N, 082°40′44′′ W; 

then extending northwest to position 

41°28′45′′ N, 082°41′11′′ W; then 

extending southeast to position 

41°28′12′′ N, 082°41′06′′ W; then 

returning to the starting position. 

[DATUM: NAD 83]. 

(b) Effective Period. This regulation is 

effective from 6:30 a.m. through 9:30 

a.m. on September 12, 2010. This 

regulation will be enforced as follows: 

(1) On September 12, 2010 from 6:30 

a.m. to 9:30 a.m., the safety zone listed 

in paragraph (a)(1) of this section will be 

enforced. In the event of inclement 

weather, the alternate safety zone listed 

in paragraph (a)(2) of this section will be 

enforced. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting or anchoring within the 

safety zones is prohibited unless 

authorized by the Captain of the Port 

Detroit, or designated on-scene 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit, or designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Detroit is any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port Detroit to act 

on his or her behalf. The designated onscene representative or the Captain of 

the Port Detroit will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port Detroit, 

or designated on-scene representative 

may be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit, 

or designated on-scene representative to 

obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port, or designated onscene representative. 

Dated: August 26, 2010. 

J.E. Ogden, 

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

Port Detroit. 

[FR Doc. 2010–22771 Filed 9–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1987–0002; FRL–9199–5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Rocky Mountain 

Arsenal Federal Facility 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 announces the 

deletion of portions of the On-Post 

Operable Unit (OU3), specifically the 

Central and Eastern Surface Areas 

including surface media and structures 

(CES), and the surface media of the OffPost Operable Unit (OU4) (OPS) of the 

Rocky Mountain Arsenal Federal 

Facility (RMA) located in Commerce 

City, Colorado from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 


srobinson on DSKHWCL6B1PROD with RULES
55480 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

Hazardous Substances Pollution 

Contingency Plan (NCP). This partial 

deletion pertains to the surface media 

(soil, surface water, sediment) and 

structures (both former structures that 

have been demolished and structures 

retained for future use) within the CES 

and the surface media of the entire OPS. 

The rest of the On-Post OU, including 

groundwater below RMA that is west of 

E Street, and the groundwater that 

comprises the Off-Post OU will remain 

on the NPL and is not being considered 

for deletion as part of this action. 

Response activities will continue at 

those OUs. The EPA and the State of 

Colorado, through the Colorado 

Department of Public Health and 

Environment (CDPHE), have determined 

that all appropriate response actions 

under CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, the 

deletion of these parcels does not 

preclude future actions under 

Superfund. 

DATES: Effective Date: This action is 

effective September 13, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1987–0002. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

—EPA’s Region 8 Superfund Records 

Center, 1595 Wynkoop Street, Denver, 

Colorado 80202–2466. Hours: 8 a.m. 

to 4 p.m. by appointment (call 303– 

312–6473), Monday through Friday, 

excluding legal holidays; and the 

—Joint Administrative Records Facility, 

Rocky Mountain Arsenal, 5650 

Havana Street, Building 129, 

Commerce City, Colorado 80022– 

1748. Hours: 12 p.m. to 4 p.m., 

Monday through Friday, excluding 

legal holidays, or by appointment 

(call 303–289–0983). 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Chergo, Community 

Involvement Coordinator (8OC), U.S. 

Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, 1–800–227–8917 

or 303–312–6601; fax number: 303–312– 

7110; e-mail: chergo.jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

portion of the site to be deleted from the 

NPL is the surface media (soil, surface 

water, sediment) and structures (both 

former structures that have been 

demolished and structures retained for 

future use) within the CES and the 

surface media of the entire OPS. A 

Notice of Intent for partial Deletion for 

this Site was published in the Federal 

Register on June 17, 2010. The RMA 

Site-Specific Advisory Board (SSAB) 

requested additional time to adequately 

review the documentation. The public 

comment period for the NOIDp was 

extended through August 16, 2010 (75 

FR 42361). 

EPA received comment letters from 

seven organizations/individuals. 

Authors of five of the letters voiced their 

support for proceeding with the partial 

deletion based upon their confidence in 

the thoroughness of the cleanup 

activities conducted by the U.S. Army 

and Shell Oil Company; though one 

letter, from the Audubon Society of 

Greater Denver, was received after the 

public comment period closed. Authors 

of the remaining two letters were 

opposed to the proposed partial deletion 

of the CES and OPS. All public 

comments and EPA’s responses are 

included in a Responsiveness Summary 

document available in both the docket, 

EPA–HQ–SFUND–1987–0002, at http:// 

www.regulations.gov and in the local 

repositories listed above. Based on our 

responses to these comments, and in 

consultation with the State of Colorado 

through CDPHE, EPA has determined 

that all appropriate response actions 

under CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed and it is 

appropriate to proceed with deletion of 

the CES and the OPS. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion of a site from the 

NPL does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of portions of 

a site from the NPL does not affect 

responsible party liability, in the 

unlikely event that future conditions 

warrant further actions. 

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. 

Dated: September 2, 2010. 

Stephen S. Tuber, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2010–22747 Filed 9–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Roy 

E. Wright, Deputy Director, Risk 

Analysis Division, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3461, or (e-mail) 

roy.e.wright@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 


srobinson on DSKHWCL6B1PROD with RULES