6610 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

Words of Issuance and Regulatory Text 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071,; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 110.186 by revising 

paragraphs (a), (b)(3) through (6), and 

adding paragraphs (b)(7) through (9) to 

read as follows: 

§ 110.186 Port Everglades, Florida. 

(a) The anchorage grounds. The 

anchorage grounds, the center of which 

is located approximately two and one 

half miles northeast of the entrance to 

Port Everglades, is an area bounded by 

a line connecting points with the 

following North American Datum 83 

coordinates: 

Latitude Longitude 

26–08′26.934′′ N ....... 080–04′28.240′′ W 

26–08′08.560′′ N ....... 080–04′16.158′′ W 

26–07′56.000′′ N ....... 080–04′17.486′′ W 

26–07′56.000′′ N ....... 080–02′42.623′′ W 

26–07′19.500′′ N ....... 080–02′53.153′′ W 

26–07′19.500′′ N ....... 080–04′28.800′′ W 

26–06′35.160′′ N ....... 080–04′28.800′′ W 

26–06′35.160′′ N ....... 080–04′38.694′′ W 

26–08′26.934′′ N ....... 080–04′28.240′′ W 

(b) * * * 

(3) All vessels within the designated 

anchorage area shall maintain a 24-hour 

bridge watch by a licensed deck officer 

proficient in English, monitoring VHF–

FM channel 16. This individual shall 

confirm that the ship’s crew performs 

frequent checks of the vessel’s position 

to ensure the vessel is not dragging 

anchor. 

(4) Vessels may anchor anywhere 

within the designated anchorage area 

provided that: such anchoring does not 

interfere with the operations of any 

other vessels currently at anchorage; 

and all anchor and chain or cable is 

positioned in such a manner to preclude 

dragging over reefs. 

(5) No vessel may anchor in a ‘‘dead 

ship’’ status (i.e. propulsion or control 

unavailable for normal operations) 

without the prior approval of the 

Captain of the Port. Vessels 

experiencing casualties such as a main 

propulsion, main steering or anchoring 

equipment malfunction or which are 

planning to perform main propulsion 

engine repairs or maintenance, shall 

immediately notify the Coast Guard 

Captain of the Port via Coast Guard 

Sector Miami on VHF–FM Channel 16. 

(6) No vessel may anchor within the 

designated anchorage for more than 72 

hours without the prior approval of the 

Captain of the Port. To obtain this 

approval, contact the Coast Guard 

Captain of the Port, via the Port 

Everglades Harbor Master, on VHF–FM 

Channel 14. 

(7) The Coast Guard Captain of the 

Port may close the anchorage area and 

direct vessels to depart the anchorage 

during periods of adverse weather or at 

other times as deemed necessary in the 

interest of port safety or security. 

(8) Commercial vessels anchoring 

under emergency circumstances outside 

the anchorage area shall shift to new 

positions within the anchorage area 

immediately after the emergency ceases. 

(9) Whenever the maritime or 

commercial interests of the United 

States so require, the Captain of the 

Port, U.S. Coast Guard, Miami, Florida, 

may direct relocation of any vessel 

anchored within the anchorage area. 

Once directed, such vessel must get 

underway at once or signal for a tug, 

and must change position as directed. 

Dated: January 10, 2008. 

D.W. Kunkel, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. E8–1757 Filed 2–4–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0013] 

RIN 1625–AA87 

Security Zone; MacDill Air Force Base, 

Tampa Bay, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a security zone that is 

concurrent with the Army Corps of 

Engineers restricted area adjacent to 

MacDill Air Force Base. The security 

zone is necessary to facilitate security 

operations conducted at the Air Force 

Base. All persons, vessels, or other craft 

are prohibited from anchoring, mooring, 

drifting, or transiting within this zone, 

unless authorized by the Captain of the 

Port St. Petersburg or a designated 

representative. 

DATES: This interim rule is effective 

February 5, 2008. Comments and related 

material must reach the Docket 

Management Facility on or before April 

7, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0013 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590–

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Waterways Management Division, 

Sector St. Petersburg, FL (813) 228–

2191, Ext 8307. If you have questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION:

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0013), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 6611 

questions regarding your submission. 

For example, we may ask you to 

resubmit your comment if we are not 

able to read your original submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this rule in view of them. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time, 

click on ‘‘Search for Dockets,’’ and enter 

the docket number for this rulemaking 

(USCG-USCG–2008–0013) in the Docket 

ID box, and click enter. You may also 

visit the Docket Management Facility in 

Room W12–140 on the ground floor of 

the DOT West Building, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Regulatory Information 

We did not publish a notice of 

proposed rule making (NPRM) for this 

rule. Under 5 U.S.C. 553(b)(B), the Coast 

Guard finds that good cause exists for 

not publishing an NPRM. It is 

unnecessary because the purpose of this 

rule is to reinforce and support an 

already existing exclusionary area that 

was previously designated with 

prohibitions against both person and 

vessel movements. There are no new 

restrictions being proposed. 

For the same reasons above, under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 

rule effective in less than 30 days after 

publication in the Federal Register. 

Background and Purpose 

This area is already a designated an 

exclusionary zone. Under 33 CFR 

334.635, the Army Corps of Engineers 

established a restricted area adjacent to 

MacDill Air Force Base. The Coast 

Guard is establishing a security zone 

that is concurrent with this restricted 

area to assist in enforcing the 

prohibition against all persons, vessels, 

and other craft that may enter, transit, 

anchor, or drift into this prohibited area. 

MacDill Air Force base routinely 

conducts operations and contains 

infrastructure critical to national 

security. This security zone is necessary 

to protect those operations and 

infrastructure as well as to prevent 

subversive activities. To more 

appropriately address the security risks 

associated with MacDill Air Force Base, 

as well as to enable agencies to work 

from a common operating picture and to 

maximize the synergy of enforcement 

resources, the Coast Guard is 

establishing this security zone. 

Using the newly developed Maritime 

Security Risk Analysis tool, a working 

group comprised of security analysts 

from local law enforcement agencies, 

MacDill Operations, industrial partners, 

and the Coast Guard evaluated the risk 

to the maritime transportation system 

(MTS) within Tampa Bay. The results of 

the risk assessment indicated the need 

to revisit whether the existing security 

zones sufficiently provided adequate 

coverage for implementing countersurveillance, intrusion detection, and 

response measures for the port 

community. This holistic approach 

determined that additional mechanisms 

were necessary to address MacDill Air 

Force Base security risks as well as help 

mitigate common risk factors across the 

entire bay. The resulting proposal 

consists of the existing exclusionary 

area defined by the Army Corps of 

Engineers and the establishment of a 

Coast Guard security zone that 

coincides with that exclusionary area. 

Discussion of Rule 

The security zone coincides with the 

Army Corps of Engineers restricted area 

adjacent to MacDill Air Force Base and 

includes portions of the waters of 

Hillsborough Bay, Old Tampa Bay, and 

Tampa Bay. This area is marked as a 

prohibited area on navigation charts and 

is bounded by the following 

coordinates: latitude 27°51′52.901′′ N., 

longitude 82°29′18.329′′ W., thence 

directly to latitude 27°52′00.672′′ N., 

longitude 82°28′51.196′′ W., thence 

directly to latitude 27°51′28.859′′ N., 

longitude 82°28′10.412′′ W., thence 

directly to latitude 27°51′01.067′′ N., 

longitude 2°27′45.355′′ W., thence 

directly to latitude 27°50′43.248′′ N., 

longitude 82°27′36.491′′ W., thence 

directly to latitude 27°50′19.817′′ N., 

longitude 82°27′35.466′′ W., thence 

directly to latitude 27°49′38.865′′ N., 

longitude 82°27′43.642′′ W., thence 

directly to latitude 27°49′20.204′′ N., 

longitude 82°27′47.517′′ W., thence 

directly to latitude 27°49′06.112′′ N., 

longitude 82°27′52.750′′ W., thence 

directly to latitude 27°48′52.791′′ N., 

longitude 82°28′05.943′′ W., thence 

directly to latitude 27°48′45.406′′ N., 

longitude 82°28′32.309′′ W., thence 

directly to latitude 27°48′52.162′′ N., 

longitude 82°29′26.672′′ W., thence 

directly to latitude 27°49′03.600′′ N., 

longitude 82°30′23.629′′ W., thence 

directly to latitude 27°48′44.820′′ N., 

longitude 82°31′10.000′′ W., thence 

directly to latitude 27°49′09.350′′ N., 

longitude 82°32′24.556′′ W., thence 

directly to latitude 27°49′38.620′′ N., 

longitude 82°33′02.444′′ W., thence 

directly to latitude 27°49′56.963′′ N., 

longitude 82°32′45.023′′ W., thence 

directly to latitude 27°50′05.447′′ N., 

longitude 82°32′48.734′′ W., thence 

directly to latitude 27°50′33.715′′ N., 

longitude 82°32′45.220′′ W., thence 

directly to a point on the western shore 

of the base at latitude 27°50′42.836′′ N., 

longitude 82°32′10.972′′ W. 

All persons, vessels, or other craft are 

prohibited from anchoring, mooring, 

drifting, or transiting within this 

security zone under § 165.768, unless 

authorized by the Captain of the Port St. 

Petersburg or a designated 

representative. Also, § 334.635 requires 

that permission from the Commander of 

the MacDill Air Force Base, Florida, 

would need to be obtained before 

entering the Army Corps of Engineers 

restricted area which covers the same 

waters. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 


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6612 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 

Budget has not reviewed it under that 

Order. This area has already been 

designated as an exclusionary zone. The 

impact on routine navigation is 

expected to be minimal since the 

geographic boundaries of this security 

zone are the same as the Army Corps of 

Engineers restricted area. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule should not impact any entities 

due to the restricted nature of the waters 

surrounding MacDill Air Force Base. 

This security zone will not have a 

significant economic impact on a 

substantial number of small entities 

since vessel traffic in this area is already 

prohibited. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. Comments submitted in 

response to this finding will be 

evaluated under the criteria in the 

‘‘Regulatory Information’’ section of this 

preamble. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Questions may be directed to the person 

identified in FOR FURTHER INFORMATION

CONTACT. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888-REG-FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

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

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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 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 

Commandant Instruction M16475.lD 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that 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, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g) of the 

Instruction, from further environmental 

documentation. This rule seeks to 

establish a security zone. A final 

‘‘Environmental Analysis Check List’’

and a final ‘‘Categorical Exclusion 

Determination’’ are available in the 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 6613 

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. 

Words of Issuance and Regulatory Text 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—SAFETY ZONES AND 

SECURITY ZONES 

■ 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. A new § 165.768 is added to read 

as follows: 

§ 165.768 Security Zone; MacDill Air Force 

Base, Tampa Bay, FL. 

(a) Location. The following area is a 

security zone which exists concurrent 

with an Army Corps of Engineers 

restricted area in § 334.635 of this title. 

All waters within Tampa Bay, Florida in 

the vicinity of MacDill Air Force Base, 

including portions of the waters of 

Hillsborough Bay, Old Tampa Bay, and 

Tampa Bay, encompassed by a line 

connecting the following coordinates: 

latitude 27°51′52.901′′ N., longitude 

82°29′18.329′′ W., thence directly to 

latitude 27°52′00.672′′ N., longitude 

82°28′51.196′′ W., thence directly to 

latitude 27°51′28.859′′ N., longitude 

82°28′10.412′′ W., thence directly to 

latitude 27°51′01.067′′ N., longitude 

2°27′45.355′′ W., thence directly to 

latitude 27°50′43.248′′ N., longitude 

82°27′36.491′′ W., thence directly to 

latitude 27°50′19.817′′ N., longitude 

82°27′35.466′′ W., thence directly to 

latitude 27°49′38.865′′ N., longitude 

82°27′43.642′′ W., thence directly to 

latitude 27°49′20.204′′ N., longitude 

82°27′47.517′′ W., thence directly to 

latitude 27°49′06.112′′ N., longitude 

82°27′52.750′′ W., thence directly to 

latitude 27°48′52.791′′ N., longitude 

82°28′05.943′′ W., thence directly to 

latitude 27°48′45.406′′ N., longitude 

82°28′32.309′′ W., thence directly to 

latitude 27°48′52.162′′ N., longitude 

82°29′26.672′′ W., thence directly to 

latitude 27°49′03.600′′ N., longitude 

82°30′23.629′′ W., thence directly to 

latitude 27°48′44.820′′ N., longitude 

82°31′10.000′′ W., thence directly to 

latitude 27°49′09.350′′ N., longitude 

82°32′24.556′′ W., thence directly to 

latitude 27°49′38.620′′ N., longitude 

82°33′02.444′′ W., thence directly to 

latitude 27°49′56.963′′ N., longitude 

82°32′45.023′′ W., thence directly to 

latitude 27°50′05.447′′ N., longitude 

82°32′48.734′′ W., thence directly to 

latitude 27°50′33.715′′ N., longitude 

82°32’45.220′′ W., thence directly to a 

point on the western shore of the base 

at latitude 27°50′42.836′′ N., longitude 

82°32′10.972′′ W. 

(b) Definitions. The following 

definition applies to this section. 

Designated representative means Coast 

Guard Patrol Commanders including 

Coast Guard coxswains, petty officers 

and other officers operating Coast Guard 

vessels, and federal, state, and local 

officers designated by or assisting the 

Captain of the Port St. Petersburg 

(COTP), in the enforcement of regulated 

navigation areas, safety zones, and 

security zones. 

(c) Regulations. In accordance with 

the general regulations in § 165.33 of 

this part, entry into, anchoring, 

mooring, or transiting this zone by 

persons or vessels is prohibited without 

the prior permission of the Coast Guard 

Captain of the Port St. Petersburg or a 

designated representative. 

Dated: January 16, 2008. 

J.A. Servidio, 

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

Port Sector St. Petersburg. 

[FR Doc. E8–1765 Filed 2–4–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002 Notice 4; 

FRL–8523–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan National Priorities List Update 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final notice of deletion of 

the Industrial Waste Control Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final notice of deletion of the 

Industrial Waste Control Superfund Site 

(Site), located near Fort Smith, Arkansas 

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 

appendix B of 40 CFR Part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final deletion is being 

published by EPA with the concurrence 

of the State of Arkansas, through the 

Arkansas Department of Environmental 

Quality (ADEQ), because EPA has 

determined that all appropriate 

response actions under CERCLA have 

been completed and, therefore, further 

remedial action pursuant to CERCLA is 

not appropriate. 

DATES: This direct final notice of 

deletion will be effective April 7, 2008 

unless EPA receives adverse comments 

by March 6, 2008. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final notice of 

deletion in the Federal Register 

informing the public that the deletion 

will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

SFUND–1983–0002 Notice 4, by one of 

the following methods: 

http://www.regulations.gov: (Follow 

the on-line instructions for submitting 

comments). 

E-mail: walters.donn@epa.gov. 

Fax: 214–665–6660. 

Mail: Donn Walters, Community 

Involvement, U.S. EPA Region 6 (6SF–

TS), 1445 Ross Avenue, Dallas, TX 

75202–2733, (214) 665–6483 or 1–800–

533–3508. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1983–

0002 Notice 4. 

EPA policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online 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, 

disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected. The http:// 

www.regulations.gov Web site 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 http:// 

www.regulations.gov, your e-mail 

address will automatically be captured 

and included as part of the comment 

that is placed in the public 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 


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