Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51365 

nautical miles off shore of Oahu, HI. 

The safety zone moves with the S/V 

FALLS OF CLYDE and her tow vessel(s) 

while they are in transit and becomes 

fixed when the S/V FALLS OF CLYDE 

is anchored, position-keeping, or 

moored. 

(b) Effective period. This section is 

effective from 12:01 a.m. on September 

2, 2008 through 11:59 p.m. on October 

2, 2008. 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.23 apply. 

Entry, transit, or anchoring within this 

zone is prohibited unless authorized by 

the Captain of the Port Honolulu or the 

District Commander. 

(d) Enforcement. The Coast Guard 

will begin enforcement of the safety 

zone described in this section upon the 

S/V FALLS OF CLYDE passing the 

Honolulu Harbor main entrance channel 

at buoys no. 1 and no. 2 of the U.S. 

navigable waters within the Honolulu 

Captain of the Port Zone. 

(e) Informational notice. The Captain 

of the Port Honolulu will ensure notice 

of the enforcement of the safety zone 

described in this section is 

communicated by broadcast notice to 

mariners. 

(f) Authority to enforce. Any Coast 

Guard commissioned, warrant, or petty 

officer, and any other Captain of the 

Port representative permitted by law, 

may enforce this temporary safety zone. 

(g) Waiver. The Captain of the Port 

may waive any of the requirements of 

this rule for any person, vessel, or class 

of vessel upon finding that application 

of the safety zone is unnecessary or 

impractical for the purpose of maritime 

security. 

(h) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: August 20, 2008. 

B.A. Compagnoni, 

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

Port Honolulu. 

[FR Doc. E8–20361 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0829] 

Safety Zone; Chicago Harbor, Navy 

Pier East, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier East Safety Zone in 

Chicago Harbor on September 30, 2008. 

This action is necessary to protect 

vessels and people from the hazards 

associated with fireworks displays. This 

safety zone will restrict vessel traffic 

from a portion of the Captain of the Port 

Lake Michigan Zone. 

DATES: Enforced from 8 p.m. to 10 p.m. 

on September 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Bannan, Prevention Department, 

Coast Guard Sector Lake Michigan, 

Milwaukee, WI at (414) 747–7154. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone, 

Navy Pier East, Chicago Harbor, 

Chicago, IL, 33 CFR 165.933 for the 

following event: 

Bridgestone Conference on September 

30, 2008 from 8 p.m. through 10 p.m. 

All vessels must obtain permission 

from the Captain of the Port or his 

designated representative to enter, move 

within or exit the safety zone. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port or a designated representative. 

While within the safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.933 Safety Zone, Navy 

Pier East, Chicago Harbor, Chicago, IL 

and 5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

these enforcement periods via broadcast 

Notice to Mariners and Local Notice to 

Mariners. 

The Captain of the Port or his 

designated representative will issue a 

Broadcast Notice to Mariners notifying 

the public if enforcement of the safety 

zone established by this section is 

suspended. The Captain of the Port or 

his designated representative may be 

contacted via U.S. Coast Guard Sector 

Lake Michigan on channel 16, VHF-FM. 

Dated: August 8, 2008. 

Bruce C. Jones, 

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

Port Lake Michigan. 

[FR Doc. E8–20363 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0264] 

RIN 1625–AA00 

Safety Zone; Patchogue Bay, 

Patchogue, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for the 

Patchogue Grand Prix, a power boat race 

on Patchogue Bay off of Patchogue, New 

York. The safety zone provides for 

safety of navigation for the maritime 

public viewing and transiting near the 

power boat race. This safety zone is 

necessary to protect the maritime 

community from the hazards inherent 

with a power boat race, namely, a 

collision and loss of control of the 

power boats participating in this event. 

Entry into this zone is prohibited unless 

authorized by the Captain of the Port 

Long Island Sound. 

DATES: This rule is effective on 

September 3, 2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0264 and are 

available online at http:// 

www.regulations.gov. This material is 

also available for inspection or copying 

at two locations: The 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and at United 

States Coast Guard Sector Long Island 

Sound, 120 Woodward Avenue, New 

Haven, Connecticut, between 8 a.m. and 

3 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call LT 

Douglas Miller, USCG Sector Long 

Island Sound Prevention Department at 

(203) 486–4459. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments 

On June 12, 2008 we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone: Patchogue Bay, 


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51366 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

Patchogue, NY in the Federal Register 

(73 FR 114). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. This rule is needed to ensure 

the safety of the maritime public in the 

area of the powerboat race. Delaying the 

effective date would be contrary to the 

public interest, since immediate action 

is necessary to ensure the public’s 

safety. Furthermore, the NPRM for this 

rule was published on June 12, 2008 

and no comments were received from 

the public. In addition to the NPRM 

notification, notification of the safety 

zone will be made through marine 

information broadcasts and local notice 

to mariners. 

Background and Purpose 

OPA Racing LLC of Brick, NJ is 

sponsoring an annual power boat race in 

Patchogue Bay, Patchogue, NY on the 

22nd, 23rd and 24th of August 2008, 

and for a three day period on a recurring 

basis each year thereafter. A safety zone 

is necessary to protect the maritime 

community from the hazards associated 

with the power boat race. The safety 

zone will be enforced from 11 a.m. to 5 

p.m on each day of the three day event 

to accommodate the practice sessions 

and the race. 

Patchogue Bay is located on the south 

shore of Long Island, New York. The 

boat race consists of approximately 40 

power boats performing at high rates of 

speed in close proximity to each other 

while operating over a specified race 

course in an area of Patchogue Bay, 

Patchogue, NY. The Coast Guard is 

establishing this safety zone in order to 

provide for the safety of the maritime 

community and the spectators viewing 

the power boats should an accident, 

such as a collision of the competing 

power boats, occur during the race. 

Discussion of Rule 

The safety zone will be enforced 

during the testing of the powerboats on 

August 22nd and 23rd, 2008 and during 

the day of the race, August 24, 2008. In 

future years, the safety zone will also be 

enforced for the two planned testing 

days and on the day of the race. Specific 

dates will be announced in the Federal 

Register. On the specified days, the 

safety zone will be enforced from 11 

a.m. until 5 p.m. during the event and 

testing sessions. This time period will 

provide sufficient opportunity to clear 

the safety zone area prior to the testing 

session and the start of the race, as well 

as additional time should testing or the 

race run longer than the intended 

period. Coast Guard Sector Long Island 

Sound will cause notice of the 

enforcement of the safety zone to be 

made by all appropriate means to ensure 

the widest publicity among the affected 

segments of the public and will include 

publication in the local notice to 

mariners, marine information 

broadcasts, and facsimile. The safety 

zone will be established on the 

navigable waters of Patchogue Bay as 

bounded by the following geographic 

coordinates: Beginning at a point on 

land in Patchogue, NY at approximate 

position 40°44′56′′ N, 073°00′49′′ W, 

then running south to a point in 

Patchogue Bay at approximate position 

40°44′29′′ N, 073°00′49′′ W; then 

running southeast to a point in Great 

South Bay at approximate position 

40°43′47′′ N, 072°59′54′′ W; then 

running east to approximate position 

40°43′53′′ N, 072°58′46′′ W; then to 

approximate position 40°43′57′′ N, 

072°57′06′′ W, then north to a point on 

land at approximate position 40°44′29′′ 

N, 072°57′09′′ W. All coordinates are 

North American Datum 1983. 

The Captain of the Port anticipates 

minimal negative impact on vessel 

traffic because of this safety zone due to 

the limited area covered by this safety 

zone and the short enforcement period. 

Any violation of the safety zone 

described herein would be punishable 

by, among others, civil and criminal 

penalties, in rem liability against the 

offending vessel, and license sanctions. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This regulation may have some impact 

on the public, but the potential impact 

will be minimized for the following 

reasons: The zone will only be enforced 

for a maximum of eight hours on three 

specific days, and vessels may transit in 

all areas around the zone at all times. 

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 would not 

have a significant economic impact on 

a substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

those portions of Patchogue Bay, 

Patchogue, New York and marinas 

located within Patchogue Bay covered 

by the safety zone that temporarily may 

not be able to receive customers. The 

economic impact on these small entities 

is not significant as vessels will be able 

to transit around the safety zone and in 

all other navigable portions of 

Patchogue Bay while the safety zone is 

being enforced and vessels desiring to 

transit to marinas located within the 

vicinity of the safety zone may request 

permission from the Captain of the Port 

to enter and transit the zone. No 

comments were received regarding the 

economic impact on small entities and 

the original assessment of impact on 

small entities was not changed in this 

rulemaking. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM we offered to assist small 

entites in understanding this rule so that 

they could better evaluate its effects on 

them and participate in the rulemaking 

process. 

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 


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Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51367 

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 would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would 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 

would not create an environmental risk 

to health or risk to safety that might 

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 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 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 

Department of Homeland Security 

Management Directive 5100.1 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 concluded, under the Instruction, 

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. A final environmental 

analysis checklist and a final categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 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 and 1231; 46 

U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 

191; 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 § 165.158 to read as follows: 

§ 165.158 Safety Zone: Patchogue Grand 

Prix, Patchogue Bay, Patchogue, NY. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Patchogue Bay, NY bounded by an area 

beginning at a point on land in 

Patchogue, NY at approximate position 

40°44′56′′ N, 073°00′49′′ W; then 

running south to a point in Patchogue 

Bay at approximate position 40°44′29′′ 

N, 073°00′49′′ W; then running south 

east to a point in Great South Bay at 

approximate position 40°43′47′′ N, 

072°59′54′′ W; then running east to 

approximate position 40°43′53′′ N, 

072°58′46′′ W; then to approximate 

position 40°43′57′′ N, 072°57′06′′ W; 

then north to a point on land at 

approximate position 40°44′29′′ N, 

072°57′09′′ W. All coordinates are North 

American Datum 1983. 

(b) Definitions. The following 

definitions apply to this section: 

Designated on-scene patrol personnel, 

means any commissioned, warrant and 

petty officers of the U.S. Coast Guard 

operating Coast Guard vessels who has 

been authorized to act on the behalf of 

the Captain of the Port Long Island 

Sound. 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 

§ 165.23 apply. 

(2) In accordance with the general 

regulations in § 165.23 of this part, entry 

into or movement within this zone is 

prohibited unless authorized by the 

Captain of the Port Long Island Sound. 

(3) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or the designated on-scene 

patrol personnel. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 


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51368 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

light or other means, the operator of the 

vessel must proceed as directed. 

(5) Persons and vessels may request 

permission to enter the zone on VHF– 

16 or via phone at (203) 468–4401. 

(d) Enforcement Period. This rule will 

be enforced from 11 a.m. to 5 p.m. on 

August 22, 23, and 24, 2008 and each 

year thereafter at dates and times 

specified in a Federal Register notice. 

Dated: August 7, 2008. 

Daniel A. Ronan, 

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

Port Long Island Sound. 

[FR Doc. E8–20360 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2008–0086, EPA–HQ– 

SFUND–2008–0085, EPA–HQ–SFUND–2008– 

0081, EPA–HQ–SFUND–2008–0082, EPA– 

HQ–SFUND–2007–0690, EPA–HQ–SFUND– 

2008–0084; FRL–8710–8] 

RIN 2050–AD75 

National Priorities List, Final Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow EPA to assess 

the nature and extent of public health 

and environmental risks associated with 

the site and to determine what CERCLAfinanced remedial action(s), if any, may 

be appropriate. This rule adds six sites 

to the General Superfund Section of the 

NPL. 

DATES: Effective Date: The effective date 

for this amendment to the NCP is 

October 3, 2008. 

ADDRESSES: For addresses for the 

Headquarters and Regional dockets, as 

well as further details on what these 

dockets contain, see section II, 

‘‘Availability of Information to the 

Public’’ in the SUPPLEMENTARY

INFORMATION portion of this preamble. 

FOR FURTHER INFORMATION CONTACT: 

Robert Myers, phone (703) 603–8851, 

myers.robert@epa.gov, Site Assessment 

and Remedy Decisions Branch, 

Assessment and Remediation Division, 

Office of Superfund Remediation and 

Technology Innovation (mail code 

5204P), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; or the 

Superfund Hotline, phone (800) 424– 

9346 or (703) 412–9810 in the 

Washington, DC, metropolitan area. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. What Are CERCLA and SARA? 

B. What Is the NCP? 

C. What Is the National Priorities List 

(NPL)? 

D. How Are Sites Listed on the NPL? 

E. What Happens to Sites on the NPL? 

F. Does the NPL Define the Boundaries of 

Sites? 

G. How Are Sites Removed from the NPL? 

H. May EPA Delete Portions of Sites From 

the NPL as They Are Cleaned Up? 

I. What Is the Construction Completion List 

(CCL)? 

J. What Is the Sitewide Ready for 

Anticipated Use Measure? 

II. Availability of Information to the Public 

A. May I Review the Documents Relevant 

to This Final Rule? 

B. What Documents Are Available for 

Review at the Headquarters Docket? 

C. What Documents Are Available for 

Review at the Regional Dockets? 

D. How Do I Access the Documents? 

E. How May I Obtain a Current List of NPL 

Sites? 

III. Contents of This Final Rule 

A. Additions to the NPL 

B. What Did EPA Do With the Public 

Comments It Received? 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

1. What Is Executive Order 12866? 

2. Is This Final Rule Subject to Executive 

Order 12866 Review? 

B. Paperwork Reduction Act 

1. What Is the Paperwork Reduction Act? 

2. Does the Paperwork Reduction Act 

Apply to This Final Rule? 

C. Regulatory Flexibility Act 

1. What Is the Regulatory Flexibility Act? 

2. How Has EPA Complied With the 

Regulatory Flexibility Act? 

D. Unfunded Mandates Reform Act 

1. What Is the Unfunded Mandates Reform 

Act (UMRA)? 

2. Does UMRA Apply to This Final Rule? 

E. Executive Order 13132: Federalism 

What Is Executive Order 13132 and Is It 

Applicable to This Final Rule? 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

1. What Is Executive Order 13175? 

2. Does Executive Order 13175 Apply to 

This Final Rule? 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

1. What Is Executive Order 13045? 

2. Does Executive Order 13045 Apply to 

This Final Rule? 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Usage 

Is This Rule Subject to Executive Order 

13211? 

I. National Technology Transfer and 

Advancement Act 

1. What Is the National Technology 

Transfer and Advancement Act? 

2. Does the National Technology Transfer 

and Advancement Act Apply to This 

Final Rule? 

J. Congressional Review Act 

1. Has EPA Submitted This Rule to 

Congress and the General Accounting 

Office? 

2. Could the Effective Date of This Final 

Rule Change? 

3. What Could Cause a Change in the 

Effective Date of This Rule? 

I. Background 

A. What Are CERCLA and SARA? 

In 1980, Congress enacted the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or 

‘‘the Act’’), in response to the dangers of 

uncontrolled releases or threatened 

releases of hazardous substances, and 

releases or substantial threats of releases 

into the environment of any pollutant or 

contaminant that may present an 

imminent or substantial danger to the 

public health or welfare. CERCLA was 

amended on October 17, 1986, by the 

Superfund Amendments and 

Reauthorization Act (‘‘SARA’’), Public 

Law 99–499, 100 Stat. 1613 et seq. 

B. What Is the NCP? 

To implement CERCLA, EPA 

promulgated the revised National Oil 

and Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’), 40 CFR part 

300, on July 16, 1982 (47 FR 31180), 

pursuant to CERCLA section 105 and 

Executive Order 12316 (46 FR 42237, 

August 20, 1981). The NCP sets 

guidelines and procedures for 

responding to releases and threatened 

releases of hazardous substances, or 

releases or substantial threats of releases 

into the environment of any pollutant or 

contaminant that may present an 

imminent or substantial danger to the 

public health or welfare. EPA has 

revised the NCP on several occasions. 

The most recent comprehensive revision 

was on March 8, 1990 (55 FR 8666). 

As required under section 

105(a)(8)(A) of CERCLA, the NCP also 

includes ‘‘criteria for determining 


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