19310 Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Proposed Rules 

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 that 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 temporary safety 

zone around the air show and fireworks 

display and is therefore expected to be 

categorically excluded, under section 

2.B.2. Figure 2–1, paragraph 34(g), of the 

Instruction. Comments on this section 

will be considered before we make the 

final decision on whether this proposed 

rule should be categorically excluded 

from further environmental review. 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 record keeping 

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 § 165.T09–0225 to read as 

follows: 

§ 165.T09–0225 Safety Zone; Milwaukee 

Air and Water Show, Lake Michigan, 

Milwaukee, WI 

(a) Location. The following area is a 

temporary safety zone: A 4,000 yard by 

1,000 yard rectangle located on Lake 

Michigan, parallel to Bradford Beach in 

Milwaukee, Wisconsin. The safety zone 

will encompass all U.S. waters of Lake 

Michigan bound by a line drawn from 

43°02′57′′ N, 087°52′53′′ W; then north 

to 43°04′40′′ N, 087°51′29′′ W; then east 

to 43°04′33′′ N, 087°51′12′′ W; then 

south to 43°02′50′′ N, 087°52′36′′ W; 

then west returning to the point of 

origin (NAD 83). 

(b) Effective period. This regulation is 

effective from 12:01 a.m. on June 10, 

2010 through 11:59 p.m. on June 13, 

2010. It will be enforced between noon 

and 4 p.m. on June 10, 2010, between 

the hours of 2:30 p.m. and 9:30 p.m. on 

June 11, 2010, and again between the 

hours of 9 a.m. and 5 p.m. on June 12 

and 13, 2010. The Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative may terminate this 

operation at anytime. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring in this safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated onscene representative. 

(2) This safety zone is closed to all 

vessel traffic except as permitted by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated onscene representative. 

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

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

or his or her behalf. The on-scene 

representative of the Captain of the Port, 

Sector Lake Michigan, will be aboard 

either a Coast Guard or Coast Guard 

Auxiliary vessel. The Captain of the 

Port, Sector Lake Michigan, or his or her 

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, Sector 

Lake Michigan, or his or her 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, Sector Lake Michigan, or his 

or her on-scene representative. 

Dated: April 1, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–8475 Filed 4–13–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 61, and 63 

[EPA–R06–OAR–2006–0851; FRL–9137–1] 

Delegation of New Source 

Performance Standards and National 

Emission Standards for Hazardous Air 

Pollutants for the State of Louisiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve the Louisiana Department of 

Environmental Quality (LDEQ) updated 

regulations for receiving delegation of 

EPA authority for implementation and 

enforcement of New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

for all sources (both part 70 and nonpart 70 sources). These regulations 

apply to certain NSPS promulgated by 

EPA at 40 CFR part 60, as amended 

through July 1, 2008; and certain 

NESHAPs promulgated by EPA, as 

amended through July 1, 2008, for both 

40 CFR part 61 and 63 standards. The 

rule also incorporates by reference 

certain other revisions made after July 1, 

2008. The delegation of authority under 

this action does not apply to sources 

located in Indian Country. EPA is 

providing notice that it has approved 

delegation of certain NSPS to LDEQ, 

and taking direct final action to approve 

the delegation of certain NESHAPs to 

LDEQ. 

DATES: Written comments must be 

received on or before May 14, 2010. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Proposed Rules 19311 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kenneth Boyce, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7259, fax (214) 

665–7263, e-mail address 

boyce.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

request for delegation of authority as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

relevant adverse comments are received 

in response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. The EPA will not 

institute a second comment period. Any 

parties interested in commenting on this 

action should do so at this time. Please 

note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule, which is located in the 

rules section of this Federal Register. 

Dated: February 8, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2010–8524 Filed 4–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[FRL–9136–9] 

Ocean Dumping; Guam Ocean 

Dredged Material Disposal Site 

Designation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

designate the Guam Deep Ocean 

Disposal Site (G–DODS) as a permanent 

ocean dredged material disposal site 

(ODMDS) located offshore of Guam. 

Dredging is essential for maintaining 

safe navigation at port and naval 

facilities in Apra Harbor and other 

locations around Guam. Not all dredged 

materials are suitable for beneficial reuse (e.g., construction materials, landfill 

cover), and not all suitable materials can 

be re-used or stockpiled for future use 

given costs, logistical constraints, and 

capacity of existing land disposal or rehandling sites. Therefore, there is a need 

to designate a permanent ODMDS 

offshore of Guam. Disposal operations at 

the site will be limited to a maximum 

of 1 million cubic yards (764,555 cubic 

meters) per calendar year and must be 

conducted in accordance with the Site 

Management and Monitoring Plan. The 

proposed ODMDS will be monitored 

periodically to ensure that the site 

operates as expected. 

DATES: Comments on this proposed rule 

must be received no later than May 14, 

2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Allan Ota, Dredging and Sediment 

Management Team, U.S. Environmental 

Protection Agency, Region IX (WTR–8), 

75 Hawthorne Street, San Francisco, CA 

94105, telephone (415) 972–3476 or 

FAX: (415) 947–3537 or E-mail: 

ota.allan@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

supporting document for this site 

designation is the Final Environmental 

Impact Statement for the Designation of 

an Ocean Dredged Material Disposal 

Site Offshore of Guam. This document 

is available for public inspection at the 

following locations: 

1. Guam EPA’s Main Office, 17–3304 

Mariner Avenue, Tiyan, Guam 96913. 

2. Nieves M. Flores Memorial Public 

Library, 254 Martyr Street, Hagatna, 

Guam 96910. 

3. Barrigada Public Library, 177 San 

Roque Drive, Barrigada, Guam 96913. 

4. Dededo Public Library, 283 West 

Santa Barbara Avenue, Dededo, Guam 

96929. 

5. Maria R. Aguigui Memorial Library 

(Agat Public Library), 376 Cruz Avenue, 

Guam 96915. 

6. Rosa Aguigui Reyes Memorial 

Library (Merizo Public Library), 376 

Cruz Avenue, Merizo, Guam 96915. 

7. Yona Public Library, 265 Sister 

Mary Eucharita Drive, Yona, Guam 

96915. 

8. EPA Region IX, Library, 75 

Hawthorne Street, 13th Floor, San 

Francisco, California 94105. 

9. EPA Public Information Reference 

Unit, Room 2904, 401 M Street, SW., 

Washington, DC 20460. 

10. EPA Web site: http:// 

www.epa.gov/region9/. 

11. U.S. Army Corps of Engineers’ 

(USACE) Web site: http:// 

www.poh.usace.army.mil. 

A. Potentially Affected Entities 

Entities potentially affected by this 

action are persons, organizations, or 

government bodies seeking to dispose of 

dredged material in ocean waters at the 

G–DODS, under the Marine Protection 

Research and Sanctuaries Act, 33 U.S.C. 

1401 et seq. The Rule would be 

primarily of relevance to parties of the 

island of Guam seeking permits from the 

USACE to transport dredged material for 

the purpose of disposal into ocean 

waters at the G–DODS, as well as the 

USACE itself (when proposing to 

dispose of dredged material at the G– 

DODS). Potentially affected categories 

and entities seeking to use the G–DODS 

and thus subject to this Rule include: 

Category Examples of potentially affected entities 

Industry and General Public ..................................................................... • Ports. 

• Marinas and Harbors. 

• Shipyards and Marine Repair Facilities. 

• Berth owners. 

State, local and Tribal governments ........................................................ • Governments owning and/or responsible for ports, harbors, and/or 

berths. 

• Government agencies requiring disposal of dredged material associated with public works projects. 

Federal government ................................................................................. • USACE Civil Works and O & M projects. 

• Other Federal agencies, including the Department of Defense. 


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