Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Proposed Rules 5907 

Point In Space serving Claremore Regional 

Hospital Heliport. 

* * * * * 

Issued in Fort Worth, TX, on January 26, 

2010. 

Ronnie Uhlenhaker, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–2531 Filed 2–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0002] 

RIN 1625–AA00 

Safety Zone; Dive Platform, Pago Pago 

Harbor, American Samoa 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

temporary safety zone around a dive 

platform vessel in Pago Pago Harbor, 

American Samoa, while diving 

operations are under way in and around 

the CHEHALIS wreck. The safety zone 

is necessary to protect other vessels and 

the general public from hazards 

associated with dive operations. Entry 

into or remaining in the safety zone 

during the effective period would be 

prohibited unless authorized by the 

Coast Guard Captain of the Port 

Honolulu. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 8, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0002 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) 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. 

(4) Hand Delivery: Same as mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant 

Commander Marcella Granquist, 

Waterways Management Division, U.S. 

Coast Guard Sector Honolulu, telephone 

808–522–8266, extention 352, e-mail 

Marcella.A.Granquist@uscg.mil. 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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0002), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0002’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 8c by 11 

inches, suitable for copying and 

electronic filing. If you submit 

comments 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 and may 

change the rule based on your 

comments. 

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, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0002’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

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

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of 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 a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting 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. 

Background and Purpose 

On October 7, 1949 the 4,130-ton 

gasoline tanker CHEHALIS sank in Pago 

Pago Inner Harbor, in an estimated 160 

feet of water, approximately 350-feet 

from the fuel dock located near Goat 

Island Point, Pago Pago, American 

Samoa. Today, the CHEHALIS wreck 

remains a potential pollution threat to 

the environment. The U.S. Coast Guard 

is scheduled to conduct dive operations 

to mitigate the wreck’s potential 

pollution threat to the area from March 

29, 2010 through April 17, 2010. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

5908 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Proposed Rules 

Discussion of Proposed Rule 

The proposed rule would establish a 

temporary safety zone extending 200 

feet (67 meters) in radius around the 

wreck CHEHALIS, and from the surface 

of the water to the ocean floor. The 

wreck’s approximate position is 

14°16.52′ S, 170°40.56′ W, and 

approximately 350 feet north of the fuel 

dock in Pago Pago Harbor, American 

Samoa. This safety zone would be 

effective from 6 a.m. on March 29, 2010 

through 8 p.m. on April 17, 2010 (local 

American Samoa Time). Entry into or 

remaining in the safety zone during the 

effective period would be prohibited 

unless authorized by the Coast Guard 

Captain of the Port Honolulu. 

Regulatory Analyses 

We developed this proposed 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 proposed 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. 

Vessels will be able to transit around the 

zone, and Sector Honolulu Captain of 

the Port may allow vessels in the zone 

on a case-by-case basis. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. Vessels will be allowed to 

transit around the 200-foot temporary 

Safety Zone that will be centered over 

the CHEHALIS wreck at approximately 

350 feet from the fuel dock in Pago Pago 

Inner Harbor, American Samoa. If you 

think that your business, organization, 

or governmental jurisdiction qualifies as 

a small entity and that this proposed 

rule would have a significant economic 

impact on it, please submit a comment 

(see ADDRESSES) explaining why you 

think it qualifies and how and to what 

degree this rule would economically 

affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Commander Marcella Granquist, 

Waterways Management Division, U.S. 

Coast Guard Sector Honolulu, telephone 

808–842–2600, e-mail 

Marcella.A.Granquist@uscg.mil. 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 proposed rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Proposed Rules 5909 

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. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This rule would be 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction 

because it would establish a safety zone. 

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 recordkeeping 

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.T14–199 to read as 

follows: 

§ 165.T14–199 Safety Zone; Dive Platform 

Vessel, Pago Pago Harbor, American 

Samoa. 

(a) Location. The following area is a 

temporary safety zone: All waters 

within a 200 foot (67 meter) radius 

around the dive platform vessel while it 

is performing dive operations in and 

around the CHEHALIS wreck. This 

safety zone extends from the surface of 

the water to the ocean floor. The wreck’s 

approximate position is 14°16.52′ S, 

170°40.56′ W, which is approximately 

350 feet north of the fuel dock in Pago 

Pago Harbor, American Samoa. These 

coordinates are based upon the National 

Oceanic and Atmospheric 

Administration Coast Survey, Pacific 

Ocean, Samoa Islands, chart 83484. 

(b) Prohibited activities. (1) Entry into 

or remaining in the safety zone 

described in paragraph (a) of this 

section is prohibited unless authorized 

by the Coast Guard Captain of the Port 

Honolulu. 

(2) Persons desiring to transit the 

safety zone may contact the Captain of 

the Port at telephone number 1–808– 

842–2600, the U.S. Coast Guard Marine 

Safety Detachment American Samoa at 

telephone number 1–684–633–2299, or 

the dive platform vessel on VHF 

channel 16 (156.800 MHz) or VHF 

channel 13 (156.650 MHz) to seek 

permission to transit the area. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port or 

his designated representative. 

(c) Effective period. This rule is 

effective from 6 a.m. local American 

Samoa time on March 29, 2010 through 

8 p.m. local American Samoa time on 

April 17, 2010. 

(d) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no person or vessel may 

enter or remain in the zone except for 

support vessels/aircraft and support 

personnel, or other vessels authorized 

by the Captain of the Port or his 

designated representatives. 

(e) Penalties. Vessels or persons 

violating this rule would be subject to 

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

and 50 U.S.C. 192. 

Dated: January 11, 2010. 

B.A. Compagnoni, 

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

Port Honolulu. 

[FR Doc. 2010–2470 Filed 2–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1085] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents, and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before May 6, 2010. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is available for inspection at 

the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1085, to Kevin 

C. Long, Acting Chief, Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–2820, 

or (e-mail) kevin.long@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Long, Acting Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2820, or (e-mail) 

kevin.long@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes to make 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS