33744 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Proposed Rules 

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; 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 § 165.T09–0358 to read as 

follows: 

§ 165.T09–0358 Safety Zone; Tracey/ 

Thompson Wedding, Lake Erie, Catawba 

Island, OH 

(a) Location. The following area is a 

temporary safety zone: All waters of 

Lake Erie within a 300-yard radius of 

the fireworks launch site located at 

position 41°34′20′′ N, 082°51′18′′ W. All 

geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Effective Period. This regulation is 

effective from 9:30 p.m. through 10 p.m. 

on August 13, 2010. The safety zone 

will be enforced from 9:30 p.m. to 

10 p.m. on August 13, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

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

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

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 his 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 his on-scene 

representative. 

Dated: May 24, 2010. 

E.J. Marohn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Detroit. 

[FR Doc. 2010–14295 Filed 6–14–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 156 

[EPA–HQ–OPP–2005–0327; FRL–8830–8] 

RIN 2070–AJ74 

Pesticide Management and Disposal; 

Standards for Pesticide Containers 

and Containment; Proposed Change to 

Labeling Compliance Date 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

the pesticide container and containment 

regulations to provide a 1–year 

extension of the 40 CFR 156.159 

labeling compliance date from August 

16, 2010 to August 16, 2011. This 

change is being proposed to address 

concerns raised by stakeholders and as 

a result of further Agency consideration. 

DATES: Comments must be received on 

or before July 15, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2005–0327, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2005– 

0327. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line 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 regulations.gov or email. The regulations.gov website 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the 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 docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., 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 in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Fitz, Field and External Affairs 

Division (FEAD) (7506P), Office of 

Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7385; fax number: (703) 308– 

2962; e-mail address: 

fitz.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are a pesticide 

formulator. Potentially affected entities 

may include, but are not limited to: 

• Pesticide formulators (NAICS code 

32532), e.g., establishments that 

formulate and prepare insecticides, 

fungicides, herbicides or other 


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Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Proposed Rules 33745 

pesticides from technical chemicals or 

concentrates produced by pesticide 

manufacturing establishments. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit CBI 

to EPA through regulations.gov or email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI in a disk or CD-ROM that you 

mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

On August 16, 2006, EPA 

promulgated a final rule titled ‘‘Pesticide 

Management and Disposal; Standards 

for Pesticide Containers and 

Containment’’ (71 FR 47330) (container 

and containment rule), establishing 40 

CFR part 165 and amending 40 CFR part 

156. The container and containment 

rule established regulations for the safe 

storage and disposal of pesticides to 

reduce the likelihood of unreasonable 

adverse effects on human health and the 

environment. The container and 

containment regulations include 

requirements for pesticide container 

design; procedures, standards, and label 

language to facilitate removal of 

pesticides from containers prior to their 

being used, recycled, or discarded; and 

requirements for containment of 

stationary pesticide containers and 

procedures for container refilling 

operations. The 2006 rule required that 

all pesticide products distributed or 

sold by a registrant as of August 16, 

2009, bear labels that comply with the 

rule’s label language requirements (40 

CFR 156.159). On October 29, 2008, 

EPA promulgated a final rule that made 

various amendments to the container 

and containment rule, including 

extending the original labeling 

compliance date from August 16, 2009 

to August 16, 2010. 

Specifically, 40 CFR part 156, subpart 

H, titled ‘‘Container Labeling,’’ requires 

the following information or statements 

on certain pesticide product labels: 

• A statement identifying the 

container as nonrefillable or refillable. 

• On nonrefillable containers, 

statements providing basic instructions 

for managing the container and a batch 

code. 

• Cleaning instructions for some 

nonrefillable containers. 

• Cleaning instructions for refillable 

containers at the end of their useful 

lives. 

In addition, the container and 

containment rule modified several 

existing requirements in 40 CFR 156.10, 

including allowing for blank spaces on 

the labels of some refillable containers 

for the net contents and EPA 

establishment number, and adding a 

reference to the container and 

containment regulations in 40 CFR part 

156, subpart H. 

The 2008 rule that amended the 

container and containment rule by 

extending the original labeling 

compliance date to August 16, 2010, 

also changed the phrase ‘‘sold or 

distributed’’ to ‘‘released for shipment’’ 

as associated with all of the compliance 

dates, and made several other changes 

to the label requirements and various 

minor editorial changes. 

III. What is the Agency’s Authority for 

Taking this Action? 

These proposed regulations are issued 

pursuant to the authority given the 

Administrator of EPA in sections 2 

through 34 of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), 7 U.S.C. 136–136y. Sections 

19(e) and (f) of FIFRA, 7 U.S.C. 136a(e) 

and (f), grant EPA broad authority to 

establish standards and procedures to 

assure the safe use, reuse, storage, and 

disposal of pesticide containers. FIFRA 

section 19(e) requires EPA to 

promulgate regulations for the design of 

pesticide containers that will promote 

the safe storage and disposal of 

pesticides. FIFRA section 19(f) requires 

EPA to promulgate regulations 

prescribing procedures and standards 

for the removal of pesticides from 

containers prior to disposal. FIFRA 

section 25(a), 7 U.S.C. 136w(a), 

authorizes EPA to issue regulations to 

carry out provisions of FIFRA. 

IV. What Action is the Agency Taking? 

EPA is proposing to amend the 

container and containment regulations 

to provide a 1–year extension of the 40 

CFR 156.159 labeling compliance date 

from August 16, 2010 to August 16, 

2011. This change is being proposed to 

address concerns raised by stakeholders 

and as a result of further Agency 

consideration. 

Accomplishing the label amendments 

required in 40 CFR part 156 subpart H 

is a multistep process. Registrants must 

identify the changes appropriate for 

their particular products and apply to 

EPA for an amended registration. EPA 

must review the proposed changes and 

determine whether they are consistent 

with the regulations, and advise the 

registrant of the Agency’s findings. If the 

EPA approves the changes, the 

registrant must then seek approval of 

the various state pesticide regulatory 

agencies. Upon approval of the state 

agencies, the registrant must have the 

new labels printed and applied to its 

products. 

In March 2010, EPA was contacted by 

stakeholders with concerns about being 

able to have all labels changed by the 

label compliance date of August 16, 

2010. Some registrants have asserted 

that they will not have sufficient time to 

change all labels for pesticides that are 

released for shipment after August 16, 

2010 despite efforts by registrants, 

EPA’s Office of Pesticide Programs 


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33746 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Proposed Rules 

(OPP) and state agencies. The time 

constraints are due to several factors, 

including: 

• More antimicrobial product labels 

than expected require alternate rinsing 

instructions, rather than the standard 

text in the regulations. Therefore, these 

amendments cannot be made by 

notification, and require more time 

consuming reviews by EPA. 

• EPA’s position on the appropriate 

container-related statements 

(particularly rinsing and treatment of 

rinsate) for certain pesticides has 

changed over time as a result of 

experience with product-by-product 

label reviews. This has resulted in 

reconsideration of some decisions, and 

has caused some confusion in the 

regulated community. 

• The length of time for states to 

review and approve labels is understood 

to be increasing due to the furlough 

days for staff in some states and staffing 

reductions due to budget shortfalls. 

EPA has concluded that there is 

insufficient time to change all labels by 

August 16, 2010. Since registrants can 

decide which registered products they 

wish to market at any given time, the 

Agency does not have a precise count of 

the total number of label changes that 

ultimately will be submitted to EPA for 

review. However, based upon a review 

of recent Agency actions and 

discussions with registrants, EPA 

estimates that the majority of label 

changes already have been submitted 

and approved. On the other hand, EPA 

estimates that there are at least 1,000 

labels and potentially several thousand 

remaining pesticide product labels that 

EPA still needs to review. Even if all of 

those applications were submitted 

immediately, there would not be enough 

time for the label changes to be 

approved by EPA and the states, 

printed, and applied to all products that 

will be released for shipment after 

August 16, 2010. 

Because EPA actions contributed to 

the large number of outstanding label 

changes, EPA is proposing to extend the 

compliance date in §156.159 by 1 year, 

so that pesticide products released for 

shipment by a registrant after August 16, 

2011 would have to bear a label that 

complies with the container 

requirements. EPA believes that one 

additional year will provide enough 

time for EPA and the states to review 

the label changes and for registrants to 

incorporate the changes into their 

labels, provided that all applications are 

submitted soon. This is based on an 

evaluation of the resources and the time 

it would take for EPA to undertake a 

concerted effort to complete the review 

of these remaining labels and 

discussions with State regulatory 

agencies who estimated a range of 3 to 

6 months for them to review and 

approve the label revisions. EPA 

believes that a longer extension is 

unjustified because the rule was 

published 4 years ago so registrants 

have had a reasonable amount of time 

to prepare and submit their label 

modification requests and because EPA 

has already extended the deadline by 1 

year. 

Because this proposed 1–year 

extension could not become final and 

effective before the current compliance 

date of August 16, 2010, EPA is also 

issuing in today’s Federal Register a 

final rule providing for a 4–month 

extension of the §156.159 compliance 

date. EPA believes that 4 months will be 

sufficient to allow this proposed rule to 

become final and effective, and will 

avoid the temporary removal of a 

significant number of pesticides from 

the market while the rulemaking 

process for this 1–year extension is 

completed. 

While this rulemaking process moves 

forward, pesticide registrants should 

continue to submit applications for label 

changes for their products prior to the 

current deadline of August 16, 2010. 

EPA will give priority to applications 

submitted prior to August 16, 2010, 

with the goal of processing them to 

allow sufficient time for the registrant to 

obtain state approvals of the new 

labeling by the revised compliance date. 

Applications submitted after August 16, 

2010 will be processed on a non-priority 

basis only after all applications 

submitted prior to that date have been 

processed. Registrants should carefully 

consider this and the timing of their 

submission to ensure that they have 

sufficient time to obtain state approvals 

by the revised compliance date. 

V. FIFRA Mandated Reviews 

In accordance with FIFRA section 

25(a) and (d), the Agency submitted a 

draft of this proposed rule to the 

Committee on Agriculture in the House 

of Representatives, the Committee on 

Agriculture, Nutrition, and Forestry in 

the United States Senate, the Secretary 

of Agriculture, and the FIFRA Scientific 

Advisory Panel (SAP). The SAP and the 

Secretary of Agriculture waived review 

of this proposed rule. 

VI. Statutory and Executive Order 

Reviews 

This action only proposes to amend 

an existing regulation to extend the 

current compliance date, it does not 

otherwise propose to amend or impose 

any other requirements. As such, this 

action is not subject to review by the 

Office of Management and Budget 

(OMB) as a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Nor does it impose or change any 

information collection burden that 

requires additional review by OMB 

under the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). The information collection 

activities contained in the regulations 

are already approved under OMB 

control number 2070–0133 (EPA ICR 

No. 1632). An agency may not conduct 

or sponsor, and a person is not required 

to respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency hereby 

certifies that this proposed rule does not 

have a significant adverse economic 

impact on a substantial number of small 

entities. The proposed extension of the 

compliance date is not expected to have 

any adverse economic impacts on 

affected entities, regardless of their size. 

In general, EPA strives to minimize 

potential adverse impacts on small 

entities when developing regulations to 

achieve the environmental and human 

health protection goals of the statute 

and the Agency. EPA solicits comments 

specifically about potential small 

business impacts. 

State, local, and tribal governments 

are rarely pesticide applicants or 

registrants, so this proposed rule is not 

expected to affect these governments. 

Accordingly, pursuant to Title II of the 

Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1531–1538), EPA has 

determined that this action is not 

subject to the requirements in sections 

202 and 205 because it does not contain 

a Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and tribal governments, 

in the aggregate, or for the private sector 

in any one year. In addition, this action 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. For the same reasons, EPA has 

determined that this proposed rule does 

not have ‘‘federalism implications’’ as 

specified in Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999), because it would not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 


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Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Proposed Rules 33747 

levels of government, as specified in the 

Order. Thus, Executive Order 13132 

does not apply to this proposed rule. 

Nor does it have ‘‘tribal implications’’ as 

specified in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

22951, November 9, 2000). EPA is not 

aware of any tribal governments which 

are pesticide registrants. Thus, 

Executive Order 13175 does not apply 

to this action. 

Since this action is not economically 

significant under Executive Order 

12866, it is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), and Executive Order 

13211, entitled Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001). In addition, 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern health or safety 

risks, which is not the case in this 

proposed rule. 

This action does not involve technical 

standards that would require the 

consideration of voluntary consensus 

standards pursuant to section 12(d) of 

the National Technology Transfer and 

Advancement Act (NTTAA) (15 U.S.C. 

272). 

This action does not have an adverse 

impact on the environmental and health 

conditions in low-income and minority 

communities. Therefore, this action 

does not involve special consideration 

of environmental justice related issues 

as specified in Executive Order 12898, 

entitled Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

List of Subjects in 40 CFR Part 156 

Environmental protection, Labeling, 

Pesticides and pests. 

Dated: June 9, 2010. 

Lisa P. Jackson, 

Administrator. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 156—[AMENDED] 

1. The authority citation for part 156 

continues to read as follows: 

Authority: 7 U.S.C. 136 through 136y. 

2. Revise § 156.159 to read as follows: 

§ 156.159 Compliance date. 

Any pesticide product released for 

shipment by a registrant after August 16, 

2011 must bear a label that complies 

with §§ 156.10(d)(7), 156.10(f), 

156.10(i)(2)(ix), 156.140, 156.144, 

156.146 and 156.156. 

[FR Doc. 2010–14401 Filed 6–14–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R10–OW–2006–0409; FRL–9161–6] 

Ocean Dumping; Correction of 

Typographical Error in 2006 Federal 

Register Final Rule for Designation of 

Ocean Dredged Material Disposal Site 

at Coos Bay, OR, Site F; Restoration of 

Coordinates for Ocean Dredged 

Material Disposal Site at Coos Bay, 

OR, Site H 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes to correct 

a typographical error in the Final Rule 

for the Ocean Dumping; De-designation 

of Ocean Dredged Material Disposal Site 

and Designation of New Site near Coos 

Bay, Oregon. 

DATES: Send written comments by July 

15, 2010. 

ADDRESSES: Send written comments to 

Jessica Winkler, U.S. Environmental 

Protection Agency, Region 10, Office of 

Ecosystems, Tribal and Public Affairs 

(ETPA–088), Environmental Review and 

Sediment Management Unit, 1200 Sixth 

Avenue, Suite 900, Seattle, Washington 

98101, phone number: (206) 553–7369, 

e-mail: winkler.jessica@epa.gov. You 

may also submit comments 

electronically; please follow the detailed 

instructions in the ADDRESSES section of 

the direct final rule which is located in 

the Rules section of this Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Winkler, U.S. Environmental 

Protection Agency, Region 10, Office of 

Ecosystems, Tribal and Public Affairs 

(ETPA–088), Environmental Review and 

Sediment Management Unit, 1200 Sixth 

Avenue, Suite 900, Seattle, Washington 

98101, phone number: (206) 553–7369, 

e-mail: winkler.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is correcting 

the currently codified coordinates for 

Site F at 40 CFR 228.15(n)(3) with the 

coordinates EPA inadvertently, through 

a typographical error, named 40 CFR 

228.15(n)(4) at 71 FR 27396 (May 11, 

2006). The EPA is also restoring the 

coordinates for Site H at 40 CFR 

228.15(n)(4) which were overwritten 

through the EPA’s typographical error. 

The EPA did not make a proposal prior 

to the direct final rule because we 

believe these actions are not 

controversial and do not expect 

comments that oppose them. We have 

explained the reasons for this action in 

the preamble to the direct final rule. 

Unless we get written comments which 

oppose this action during the comment 

period, the direct final rule will become 

effective on the date established in the 

preamble to the direct final rule, and we 

will not take further action on this 

proposal. If we get comments that 

oppose this action, we will withdraw 

the direct final rule and it will not take 

effect. We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you must do so 

at this time. For additional information, 

please see the direct final rule published 

in the ‘‘Rules and Regulations’’ section of 

this Federal Register. 

Authority: This action is issued under the 

authority of Section 102 of the Marine 

Protection, Research, and Sanctuaries Act, 33 

U.S.C. 1401, 1411, 1412. 

Dated: June 3, 2010. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2010–14241 Filed 6–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1999–0013; FRL–9162–2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Notice of 

Intent for Partial Deletion of the Many 

Diversified Interests, Inc. Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is issuing a 

Notice of Intent to Delete the soils of 

Operable Unit 1 and the underlying 

ground water of the approximately 8- 

acre western portion of Operable Unit 1 

of the Many Diversified Interests, Inc. 

(MDI) Superfund Site located in 

Houston, Texas, from the National 

Priorities List (NPL) and requests public 

comments on this proposed action. The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 


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