Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Notices 43979 

17EPA has previously stated that, ‘‘Once 

California receives a waiver for standards for a 

certain class of motor vehicles, it need only meet 

the waiver criteria of section 209(b) for regulations 

pertaining to those vehicles when it adopts new or 

different standards or accompanying enforcement 

procedures. Otherwise, California may adopt any 

other condition precedent to the initial retail sale, 

titling, or registration of those vehicles without the 

necessity of receiving a further waiver of Federal 

preemption.’’ 43 FR 36680 (August 18, 1978). 

18As stated in Section IV above, EPA’s inquiry for 

within-the-scope confirmations requires that: (1) 

The amended regulations must not undermine 

California’s determination that its standards, in the 

aggregate, are as protective of public health and 

welfare as applicable Federal standards; (2) the 

amended regulations must not affect consistency 

with section 202(a) of the Act; and (3) the amended 

regulations must not raise any ‘‘new issues’’ 

affecting EPA’s prior waivers. 

19A requirement is not preempted if it is not a 

‘‘standard relating to the control of emissions from 

new motor vehicles or any new motor vehicle 

engines subject to [Title II of the Clean Air Act],’’ 

or ‘‘certification, inspection or any other approval 

relating to the control of emissions from any new 

motor vehicle or new motor vehicle engine as 

condition precedent to the initial retail sale, titling 

(if any), or registration of such motor vehicle, motor 

vehicle engine, or equipment.’’ CAA § 209(a). 

20As stated in Section II above, the Administrator 

must grant a waiver unless she finds that: (A) 

California’s ‘‘protectiveness determination’’ is 

arbitrary and capricious; (B) California does not 

need such State standards to meet compelling and 

extraordinary conditions; or (C) California’s 

standards and accompanying enforcement 

procedures are not consistent with section 202(a) of 

the Act. EPA has previously stated that ‘‘consistency 

with section 202(a) requires that California’s 

standards must be technologically feasible within 

the lead time provided, given due consideration of 

costs, and that California and applicable Federal 

test procedures be consistent. 

21As stated in Section III above, the 

Administrator must grant an authorization unless 

she finds that: (A) California’s ‘‘protectiveness 

determination’’ is arbitrary and capricious; (B) 

California does not need such standards to meet 

compelling and extraordinary conditions; or (C) 

California’s standards and accompanying 

enforcement procedures are not consistent with 

section 209 of the Act. EPA has clarified through 

rulemaking that consistency with section 209 

requires, at minimum, that California standards and 

enforcement procedures be consistent with section 

209(a), section 209(e)(1), and section 209(b)(1)(C) 

(as EPA has interpreted that subsection in the 

context of section 209(b) motor vehicle waivers). 

See 40 CFR 1074.105. 

according to its traditional criteria, and 

therefore, seeks substantive comment on 

whether the various elements of CARB’s 

2008 Truck Idling Requirements meet 

the applicable criteria for confirmation 

as conditions precedent,17 within-thescope,18 non-preemption,19 and full 

waiver 20 or authorization.21

VI. Procedures for Public Participation 

In recognition that public hearings are 

designed to give interested parties an 

opportunity to participate in this 

proceeding, there are no adverse parties 

as such. Statements by participants will 

not be subject to cross-examination by 

other participants without special 

approval by the presiding officer. The 

presiding officer is authorized to strike 

from the record statements that he or 

she deems irrelevant or repetitious and 

to impose reasonable time limits on the 

duration of the statement of any 

participant. 

If a hearing is held, the Agency will 

make a verbatim record of the 

proceedings. Interested parties may 

arrange with the reporter at the hearing 

to obtain a copy of the transcript at their 

own expense. Regardless of whether a 

public hearing is held, EPA will keep 

the record open until October 1, 2010. 

Upon expiration of the comment period, 

the Administrator will render a decision 

on CARB’s request based on the record 

from the public hearing, if any, all 

relevant written submissions, and other 

information that she deems pertinent. 

All information will be available for 

inspection at the EPA Air Docket No. 

EPA–HQ–OAR–2010–0317. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest extent possible 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments wants EPA to base its 

decision on a submission labeled as CBI, 

then a non-confidential version of the 

document that summarizes the key data 

or information should be submitted to 

the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the public 

docket, submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the public docket. Information 

covered by a claim of confidentiality 

will be disclosed by EPA only to the 

extent allowed, and according to the 

procedures set forth in 40 CFR Part 2. 

If no claim of confidentiality 

accompanies the submission when EPA 

receives it, EPA will make it available 

to the public without further notice to 

the person making comments. 

Dated: July 20, 2010. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality, Office of Air and Radiation. 

[FR Doc. 2010–18362 Filed 7–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R01–OW–2010–0318, FRL–9180–3] 

Massachusetts Marine Sanitation 

Device Standard—Notice of 

Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Determination. 

SUMMARY: The Regional Administrator 

of the Environmental Protection 

Agency—New England Region, has 

determined that adequate facilities for 

the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available for the coastal 

waters of Gloucester, Rockport, Essex, 

Ipswich, Rowley, Newbury, 

Newburyport, Salisbury, Amesbury, 

West Newbury, Merrimac, Groveland, 

North Andover, Haverhill, Methuen, 

and Lawrence, collectively termed the 

Upper North Shore for the purpose of 

this notice. 

ADDRESSES: Docket: All documents in 

the docket are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically in 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ann 

Rodney, U. S. Environmental Protection 

Agency—New England Region, Office of 

Ecosystem Protection, Oceans and 

Coastal Protection Unit, Five Post Office 

Square, Suite 100, OEP06–1, Boston, 

MA 02109–3912. Telephone: (617) 918– 

1538. Fax number: (617) 918–0538. Email address: rodney.ann@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 

20, 2010, EPA published a notice that 

the Commonwealth of Massachusetts 

had petitioned the Regional 

Administrator, Environmental 

Protection Agency, to determine that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the waters of the Upper 

North Shore. Four comments were 

received on this petition. The response 

to comments can be obtained utilizing 

the above contact information. 

The petition was filed pursuant to 

Section 312(f)(3) of Public Law 92–500, 

as amended by Public Laws 95–217 and 

100–4, for the purpose of declaring 

these waters a No Discharge Area 

(NDA). 

Section 312(f)(3) states: After the 

effective date of the initial standards 

and regulations promulgated under this 

section, if any State determines that the 

protection and enhancement of the 

quality of some or all of the waters 

within such State require greater 

environmental protection, such State 

may completely prohibit the discharge 

from all vessels of any sewage, whether 


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43980 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Notices 

treated or not, into such waters, except 

that no such prohibition shall apply 

until the Administrator determines that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for such water to which such 

prohibition would apply. 

This Notice of Determination is for 

the waters of the Upper North Shore. 

The NDA boundaries are as follows: 

Waterbody/General area From longitude From latitude To longitude To latitude 

The southern edge of the Upper North Shore NDA boundary is 

the Manchester/Gloucester municipal line at ............................... 70°42′50′′ W 42°34′21′′ N 70°35′59′′ W 42°33′02′′ N 

The northern edge of the Upper North Shore NDA boundary is 

MA/Seabrook, NH border at ........................................................ 70°48′47′′ W 42°52′19′′ N 70°43′57′′ W 42°52′35′′ N 

On the Merrimack River, the inland edge of the NDA boundary is 

at the Essex Dam in Lawrence at ............................................... 71°09′58′′ W 42°42′02′′ N 

On the Parker River, the inland edge of the NDA boundary is at 

the MBTA bridge in Newbury at ................................................... 70° 52′00′′ W 42° 45′20′′ N 

On the Rowley River, the inland edge of the NDA boundary is at 

the MBTA bridge on the Rowley/Ipswich town line at ................. 70° 51′28′′ W 42° 43′19′′ N 

On the Ipswich River, the inland edge of the NDA boundary is at 

County Street in Ipswich at .......................................................... 70° 50′07′′ W 42° 40′44′′ N 

On the Essex River, the inland edge of the NDA boundary is at 

Main Street in Essex at ................................................................ 70° 46′43′′ W 42° 37′55′′ N 

The eastern edge of the boundary is 

contiguous with the state/federal line 

also known as the Submerged Lands Act 

boundary line and Territorial Sea 

boundary. The area includes the 

municipal waters of Gloucester, 

Rockport, Essex, Ipswich, Rowley, 

Newbury, Newburyport, Salisbury, 

Amesbury, West Newbury, Merrimac, 

Groveland, North Andover, Haverhill, 

Methuen, and Lawrence. 

The information submitted to EPA by 

the Commonwealth of Massachusetts 

certifies that there are 13 pumpout 

facilities located within this area. A list 

of the facilities, with locations, phone 

numbers, and hours of operation is 

appended at the end of this 

determination. 

Based on the examination of the 

petition and its supporting 

documentation, and information from 

site visits conducted by EPA New 

England staff, EPA has determined that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the area covered under this 

determination. 

This determination is made pursuant 

to Section 312(f)(3) of Public Law 92– 

500, as amended by Public Laws 95–217 

and 100–4. 

PUMPOUT FACILITIES WITHIN THE NO DISCHARGE AREA

[Upper North Shore] 

Name Location Contact Info. Hours 

Mean low 

water 

depth 

(ft) 

Gloucester Cape Ann Marina ... 75 Essex Ave., Annisquam 

River.

978–283–3293; VHF 10 .......... 8am–4pm ................................. 6 

Gloucester Harbormaster ......... 19 Harbor Loop ....................... 978–282–3012; VHF 16 .......... On call ..................................... N/A 

Rockport Harbormaster ............ 34 Broadway ............................ 978–546–9589; VHF 9, 16 ...... On call ..................................... N/A 

Ipswich Harbormaster ............... 15 Elm Street, Plum Island 

Sound.

978–356–4343; VHF 9, 16 ...... On call ..................................... N/A 

Rowley Harbormaster ............... 497 Main Street ....................... VHF 9 ...................................... Thur–Tue; 10am–6pm ............. N/A 

Rowley, Perley’s Marina ........... 109 Warehouse Lane .............. 978–948–2812; VHF 9, 16 ...... Mon–Fri 8am–6pm; Sat–Sun 

8am–5pm.

4 

Newbury Riverfront Marina ....... 292 High Road ........................ 978–465–6090; VHF 9 ............ 8am–5pm (6pm weekend) ....... 4 

Newburyport Cashman Park .... Merrimack River ...................... 978–462–3746; VHF 12, 16 .... Self Service Memorial Day/End 

of October.

6 

Newburyport Harbormaster ...... 60 Pleasant Street ................... 978–462–3746; VHF 12, 16 .... Fri 1pm–5pm; Sat, Sun & Holidays 9am–5pm.N/A 

Amesbury Marina at Hatter’s 

Point.

60 Merrimac Street .................. 978–388–7333; VHF 9 ............ 8am–9pm ................................. 4 

West Newbury Harbormaster ... Merrimack River Town Dock ... 978–363–1213; VHF 9, 16 ...... On call; 9am–5pm ................... N/A 

Salisbury Harbormaster ............ Town Wharf ............................. 978–499–0740; VHF 12 .......... On call ..................................... N/A 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Notices 43981 

Dated: June 28, 2010. 

H. Curtis Spalding, 

Regional Administrator, New England Region. 

[FR Doc. 2010–18363 Filed 7–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9179–9] 

Science Advisory Board Staff Office; 

Notification of Rescheduling of 

Teleconference of the SAB 

Trichloroethylene Review Panel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office announces a 

rescheduling of a public teleconference 

of the SAB Trichloroethylene Review 

Panel. The teleconference, previously 

scheduled for August 5, 2010, will be 

held on September 13, 2010. The SAB 

Panel will discuss its draft review report 

on EPA’s Toxicological Review of 

Trichloroethylene in Support of 

Summary Information on the Integrated 

Risk Information System (IRIS), External 

Review Draft (October 2009). 

DATES: There will be a public 

teleconference on September 13, 2010 

from 12 p.m. to 4 p.m. (Eastern Daylight 

Time). The teleconference previously 

scheduled for August 5, 2010 is 

cancelled. 

ADDRESSES: The teleconference will be 

conducted by phone only. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing to obtain 

information concerning the public 

teleconference may contact Dr. Holly 

Stallworth, Designated Federal Officer 

(DFO), EPA Science Advisory Board 

Staff Office (1400R), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

by telephone/voice mail at (202) 564– 

2073 or via e-mail at 

stallworth.holly@epa.gov. General 

information about the SAB, as well as 

any updates concerning the meeting 

announced in this notice, may be found 

on the SAB Web site at http:// 

www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act 

(FACA), 5 U.S.C., App. 2, notice is 

hereby given that the SAB 

Trichloroethylene Review Panel (Panel) 

will hold a public teleconference to 

discuss its peer review report to EPA. 

The SAB was established pursuant to 42 

U.S.C. 4365 to provide independent 

scientific and technical advice to the 

Administrator on the technical basis for 

Agency positions and regulations. The 

SAB is a Federal Advisory Committee 

chartered under FACA. The SAB will 

comply with the provisions of FACA 

and all appropriate SAB Staff Office 

procedural policies. 

The SAB Panel held a teleconference 

on April 20, 2010, a face-to-face meeting 

on May 10–12, 2010 and a 

teleconference on June 24, 2010. These 

meetings were announced in the 

Federal Register Notices dated March 

31, 2010 (75 FR 16108–16109) and June 

2, 2010 (75 FR 30827–30828), 

respectively. The Federal Register 

Notice of June 2, 2010 also announced 

a teleconference on August 5, 2010. This 

teleconference is now rescheduled for 

September 13, 2010. The SAB Panel will 

discuss its draft advisory on EPA’s 

Toxicological Review of 

Trichloroethylene in Support of 

Summary Information on the Integrated 

Risk Information System (IRIS), External 

Review Draft (October 2009). 

Availability of Meeting Materials: The 

SAB meeting agenda and materials in 

support of this teleconference will be 

placed on the SAB Web site at http:// 

www.epa.gov/sab in advance of the 

teleconference. For technical questions 

and information concerning EPA’s draft 

IRIS document, please contact Dr. 

Weihsueh Chiu at (703) 347–8607, or 

chiu.weihsueh@epa.gov. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s federal advisory committees and 

panels has a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. Federal advisory 

committees and panels, including 

scientific advisory committees, provide 

independent advice to EPA. Members of 

the public can submit comments for a 

Federal advisory committee to consider 

as it develops advice for EPA. They 

should send their comments directly to 

the Designated Federal Officer for the 

relevant advisory committee. Oral 

Statements: In general, individuals or 

groups requesting an oral presentation 

at a public teleconference will be 

limited to three minutes per speaker, 

with no more than a total of 30 minutes 

for all speakers. Each person making an 

oral statement should consider 

providing written comments as well as 

their oral statement so that the points 

presented orally can be expanded upon 

in writing. Interested parties should 

contact Dr. Holly Stallworth, DFO, in 

writing (preferably via e-mail) at the 

contact information noted above, by 

September 8, 2010 for the September 13, 

2010 teleconference to be placed on the 

list of public speakers. Written 

Statements: Written statements should 

be supplied to the DFO via email at the 

contact information noted above no later 

than September 8, 2010. Written 

statements should be supplied in one of 

the following electronic formats: Adobe 

Acrobat PDF, MS Word, MS 

PowerPoint, or Rich Text files in IBM– 

PC/Windows 98/2000/XP format. 

Submitters are requested to provide 

versions of signed documents, 

submitted with and without signatures, 

because the SAB Staff Office does not 

publish documents with signatures on 

its Web sites. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Dr. Holly 

Stallworth at (202) 564–2073 or 

stallworth.holly@epa.gov. To request 

accommodation of a disability, please 

contact Dr. Stallworth preferably at least 

ten days prior to each teleconference to 

give EPA as much time as possible to 

process your request. 

Dated: July 22, 2010. 

Vanessa Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2010–18364 Filed 7–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0332; FRL–8838–6] 

Methyl Parathion; Rescision of 

Previously Issued Order and Issuance 

of Revised Cancellation Order for 

Certain Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

rescision of a previously issued 

cancellation order and provides a 

revised cancellation order, voluntarily 

requested by the registrants and 

accepted by the Agency, of products 

containing methyl parathion, pursuant 

to section 6(f)(1) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), as amended. This revised 

cancellation order rescinds a July 16, 

2010 Federal Register Notice which 

incorrectly stated the effective date of 

the cancellations of the product 

registrations listed in Table 1 of Unit II. 

This order correctly identifies the 

effective dates of cancellation for the 

affected product registrations. In 

addition, this order clarifies the existing 


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