Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules 41121 

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. This rule 

involves the establishment of a special 

local regulation. Based on our 

preliminary determination, there are no 

factors in this case that would limit the 

use of a categorical exclusion under 

section 2.B.2 of the Instruction. 

Therefore, we believe that this rule 

should be categorically excluded. 

Because this event establishes a special 

local regulation, paragraph (34)(h) of 

figure 2–1 of the Instruction applies. 

Thus, no further environmental 

documentation is required. 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 a new temporary § 100.35T08– 

0518 to read as follows: 

§ 100.35T08–0518 Safety Zone; Sabine 

River, Orange, TX. 

(a) Definitions. As used in this section 

‘‘Participant Vessel’’ means all vessels 

registered with event officials to race or 

work in the event. These vessels include 

race boats, rescue boats, tow boats, and 

picket boats associated with the race. 

(b) Location. The following area is a 

safety zone: all waters of the Sabine 

River, shoreline to shoreline, adjacent to 

the Naval Reserve Unit and the Orange 

public boat ramps located in Orange, 

TX. The northern boundary is from the 

end of Navy Pier One at 30°05′45′′ N/ 

093°43′24′′ W then easterly to the rivers 

eastern shore. The southern boundary is 

a line shoreline to shoreline at latitude 

30°05′33′′ N. 

(c) Effective Period. This regulation is 

effective from 8 a.m. on September 25, 

2010, to 6 p.m. on September 26, 2010. 

This regulation will be enforced daily 

from 8 a.m. until 6 p.m. on September 

25 and 26, 2010. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 100.35 of this part, entry 

into this zone is prohibited to all vessels 

except participant vessels and those 

vessels specifically authorized by the 

Captain of the Port, Port Arthur or a 

designated representative. 

(2) Persons or vessels requiring entry 

into or passage through must request 

permission from the Captain of the Port, 

Port Arthur, or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (409) 723–6500. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port, Port Arthur, 

designated representatives and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: June 3, 2010. 

J.J. Plunkett, 

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

Port, Port Arthur. 

[FR Doc. 2010–17115 Filed 7–14–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 257, 261, 264, 265, 268, 

271 and 302 

[EPA–HQ–RCRA–2009–0640; FRL–9175–4] 

RIN 2050–AE81 

Hazardous and Solid Waste 

Management System; Identification 

and Listing of Special Wastes; 

Disposal of Coal Combustion 

Residuals From Electric Utilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of public 

hearings. 

SUMMARY: On June 21, 2010, EPA 

proposed to regulate the disposal of coal 

combustion residuals generated from 

the combustion of coal at electric 

utilities and by independent power 

producers. Given the significant public 

interest in this proposed rule and to 

further public participation 

opportunities, EPA is announcing five 

public hearings to be held in cities 

across the United States. The hearings 

will provide the public with an 

opportunity to present data, views or 

arguments concerning the proposed 

rule. The public hearings will take place 

in Arlington, Virginia; Denver, 

Colorado; Dallas, Texas; Charlotte, 

North Carolina; and Chicago, Illinois. 

DATES: A public hearing will be 

conducted in Arlington, Virginia, on 

August 30, 2010; Denver, Colorado, on 


sroberts on DSKD5P82C1PROD with PROPOSALS
41122 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules 

September 2, 2010; Dallas, Texas, on 

September 8, 2010; Charlotte, North 

Carolina, on September 14, 2010; and 

Chicago, Illinois, on September 16, 

2010. Persons who wish to present oral 

testimony at one or more of the public 

hearings must preregister at least three 

business days prior to the hearing. The 

last day to preregister will be August 25, 

2010, for the Arlington, Virginia, public 

hearing; August 30, 2010, for the 

Denver, Colorado, public hearing; 

September 2, 2010, for the Dallas, Texas, 

public hearing; September 9, 2010, for 

the Charlotte, North Carolina, public 

hearing; and September 13, 2010, for the 

Chicago, Illinois, public hearing. The 

preregistration cut-off time is 5 p.m. 

Eastern Daylight Time (EDT) on the 

final day of preregistration for the five 

public hearings. See SUPPLEMENTARY

INFORMATION for information on how to 

register. 

ADDRESSES: The public hearings will be 

held at the following locations: 

Arlington, VA—August 30, 2010, Hyatt 

Regency, 2799 Jefferson Davis 

Highway, Arlington, VA 22202, 

Phone: (703) 418–1234, 

http://www.crystalcity.hyatt.com. 

Denver, CO—September 2, 2010, Grand 

Hyatt, 1750 Welton Street, Denver, CO 

80202, Phone: (303) 295–1234, 

http://www.granddenver.hyatt.com. 

Dallas, TX—September 8, 2010, Hyatt 

Regency Dallas, 300 Reunion 

Boulevard, Dallas, TX 75207, Phone: 

(214) 651–1234, 

http://www.dallasregency.hyatt.com. 

Charlotte, NC—September 14, 2010, 

Holiday Inn Charlotte (Airport), 2707 

Little Rock Road, Charlotte, NC 

28214, Phone: (704) 394–4301, 

http://www.hicharlotteairport.com. 

Chicago, IL—September 16, 2010, 

Hilton Chicago, 720 South Michigan 

Avenue, Chicago, IL 60605, Phone: 

(312) 922–4400, 

http://www.chicagohilton.com/ 

hotels__hiltonchicago.aspx. 

For additional details on the public 

hearings please see SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning the 

public hearing, please contact Bonnie 

Robinson, Office of Resource 

Conservation and Recovery, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Mailcode 

5304P, Washington, DC 20460; 

telephone number (703) 308–8429; email address: robinson.bonnie@epa.gov 

or Elaine Eby, Office of Resource 

Conservation and Recovery, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Mailcode 

5304P, Washington, DC 20460; 

telephone number (703) 308–8449; email address eby.elaine@epa.gov. 

Questions concerning the proposed rule 

should be addressed to. Alexander 

Livnat, Office of Resource Conservation 

and Recovery, U.S. Environmental 

Protection Agency, 5304P; 1200 

Pennsylvania Ave., NW., Washington 

DC 20460, telephone number: (703) 

308–7251, e-mail address: 

livnat.alexander@epa.gov, or Steve 

Souders, Office of Resource 

Conservation and Recovery, U.S. 

Environmental Protection Agency, 

5304P; 1200 Pennsylvania Ave., NW., 

Washington DC 20460, telephone 

number: (703) 308–8431, e-mail address: 

souders.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published in the 

Federal Register on June 21, 2010 (75 

FR 35128). Additional information on 

the proposed rule can be found at http:// 

www.epa.gov/coalashrule. (Note: The 

Agency will shortly be publishing in the 

Federal Register several administrative 

corrections that are needed to the June 

21, 2010 print publication of the 

proposed rule. An unofficial prepublication version of the corrected 

proposed rule and a summary of the 

administrative corrections made to the 

rule is available at http://www.epa.gov/ 

coalashrule in the meantime.) 

On June 21, 2010, EPA proposed to 

establish regulatory requirements 

applicable to the disposal of coal 

combustion residuals, commonly 

known as coal ash, generated from the 

combustion of coal at electric utilities 

and by independent power producers. 

These regulations were proposed under 

the authority of sections 1008(a), 

2002(a), 3001, 3004, 3005, and 4004 of 

the Solid Waste Disposal Act of 1970, as 

amended by the Resource Conservation 

and Recovery Act of 1976 (RCRA), as 

amended by the Hazardous and Solid 

Waste Amendments of 1984 (HSWA), 42 

U.S.C. 6907(a), 6912(a), 6921,6924, 6925 

and 6944. These statutes, combined, are 

commonly referred to as ‘‘RCRA.’’ 

Several of these statutory provisions 

require that EPA offer the public an 

‘‘opportunity for a hearing’’ as part of the 

process for adopting a final requirement. 

See, e.g., 42 U.S.C. 6907(a), 

6921(b)(1)(C)(3)(C). 

To date, EPA has received a 

submission requesting multiple hearings 

on the proposed rule, and given the 

significant public interest in this rule, 

EPA is announcing five public hearings 

to be held in cities across the United 

States. The public hearings will provide 

interested parties the opportunity to 

present data, views, or arguments 

concerning the proposed rule. EPA may 

ask clarifying questions during the oral 

presentations, but will not respond 

formally to any comments or the 

presentations made. 

Each public hearing will consist of 

three sessions, a morning session 

starting at 10 a.m. (local time) and 

ending at noon, an afternoon session 

starting at 1 p.m., and ending at 5 p.m., 

and an evening session beginning at 

6:30 and ending at 9 p.m. or later, if 

necessary, depending on the number of 

speakers that preregister for the hearing. 

If you would like to present oral 

testimony at the hearing, please 

preregister at the following Web site: 

http://www.epa.gov/epawaste/nonhaz/ 

industrial/special/fossil/ccr-rule/ccrform.htm. If you would like to present 

oral testimony and are unable to 

preregister at this Web site, please 

contact either Bonnie Robinson or 

Elaine Eby at the addresses given above 

under FOR FURTHER INFORMATION

CONTACT prior to the close of the 

preregistration period. Note that you 

only need to preregister if you wish to 

present oral testimony. That is, you do 

not have to preregister in order to 

observe the public hearing or to submit 

only a written statement (see below). 

The Agency encourages, however, all 

persons planning to attend one or more 

of the public hearings to preregister for 

it, which will facilitate the planning of 

the event. As noted above, 

preregistration closes at 5 p.m. EDT 

three business days prior to each public 

hearing. If you do not preregister by the 

deadline and wish to provide oral 

testimony, EPA may allow, if time 

permits, some or all unregistered 

persons to present oral testimony at the 

public hearing. EPA will consider such 

requests on a first-come, first-served 

basis on the day of the public hearing, 

according to the time available. 

If you wish to submit only a written 

statement at the public hearing (that is, 

you do not want to present oral 

testimony), EPA officials will accept 

such written statements at the morning, 

afternoon, and evening sessions. EPA 

will place such statements in the docket 

to the rulemaking and will consider 

your statement as part of the rulemaking 

record. You do not need to preregister 

for the hearing if you wish only to 

submit a written statement; however, as 

previously stated, preregistration is 

encouraged. 

Oral testimony will be limited to 3 

minutes for each person to address the 

proposed rule. We will not be providing 

equipment for persons to show 

overhead slides or make computerized 

slide presentations. EPA encourages 

each person to provide two copies of 


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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Proposed Rules 41123 

their oral testimony either electronically 

or computer disk, CD–ROM, or paper 

copy at the public hearing. Verbatim 

transcripts of the public hearings and 

written statements will be included in 

the docket to this rulemaking. 

Any person needing special 

accommodations at the public hearings, 

including wheelchair access or sign 

language translation, should contact 

Bonnie Robinson or Elaine Eby at the 

addresses given above under FOR

FURTHER INFORMATION CONTACT at least 

five business days in advance of the 

public hearing. 

Finally, in addition to today’s public 

hearing announcement, EPA will be 

maintaining a Web site providing the 

most up-to-date information on these 

public hearings. See http:// 

www.epa.gov/epawaste/nonhaz/ 

industrial/special/fossil/ccr-rule/ccrhearing.htm. Those persons planning to 

participate in the public hearing 

process, either by providing oral 

testimony or observing the hearing, are 

urged to visit this Web site at least two 

days prior to the date of the each public 

hearing to determine if there are any 

relevant announcements or changes 

related to the hearing. 

Dated: July 8, 2010. 

Suzanne Rudzinski, 

Acting Director, Office of Resource 

Conservation and Recovery. 

[FR Doc. 2010–17143 Filed 7–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–1060; MB Docket No. 10–118; RM– 

11603]. 

Radio Broadcasting Services; 

Gearhart, OR 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR Section 

73.202(b). The Commission requests 

comment on a petition filed by Black 

Hills Broadcasting, L.P. proposing the 

allotment of FM Channel 243A as the 

first local service at Gearhart, Oregon. 

The channel can be allotted at Gearhart 

in compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

8.2 km (5.1 miles) south of Gearhart, at 

45–57–11 North Latitude and 123–56– 

14 West Longitude. See Supplementary 

Information infra. 

DATES: The deadline for filing comments 

is August 16, 2010. Reply comments 

must be filed on or before August 31, 

2010. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve counsel 

for petitioner as follows: J. Dominic 

Monahan, Esq., Forum Building, 777 

High Street–Suite 300, Post Office Box 

10747, Eugene, Oregon 97401. 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau (202) 

418–7072. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

10–118, adopted June 10, 2010, and 

released June 14, 2010. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC 

Reference Information Center (Room 

CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506 (c)(4). 

The Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for Part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Oregon, is amended 

by adding Gearhart, Channel 243A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 2010–17300 Filed 7–14–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0911031392–91399–01] 

RIN 0648–AY34 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea Subarea 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues a proposed rule 

that would implement Amendment 94 

to the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP). Amendment 94, if approved, 

would require participants using 

nonpelagic trawl gear in the directed 

fishery for flatfish in the Bering Sea 

subarea to modify the trawl gear to raise 

portions of the gear off the ocean 

bottom. Amendment 94 also would 

change the boundaries of the Northern 

Bering Sea Research Area to establish 

the Modified Gear Trawl Zone (MGTZ) 

and to expand the Saint Matthew Island 

Habitat Conservation Area. Nonpelagic 

trawl gear also would be required to be 

modified to raise portions of the gear off 

the ocean bottom if used in any directed 

fishery for groundfish in the proposed 

MGTZ. This action is necessary to 

reduce potential adverse effects of 

nonpelagic trawl gear on bottom habitat, 

to protect additional blue king crab 

habitat near St. Matthew Island, and to 

allow for efficient flatfish harvest as the 


sroberts on DSKD5P82C1PROD with PROPOSALS