Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Proposed Rules 26141 

amend 33 CFR parts 100 and 165 as 

follows: 

List of Subjects 

33 CFR Part 100 

Regattas and Marine Parades. 

33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

§ 100.901 [Amended] 

2. In Table 1 to § 100.901 Table, under 

the entry for ‘‘Sector Saulte Ste. Marie, 

MI’’ remove the following: ‘‘Duluth 

Fourth Fest Fireworks. 

Sponsor: Office of the Mayor, Duluth, 

MN. 

Date: 4th of July weekend. 

Location: That portion of the Duluth 

Harbor Basin Northern Section bounded 

on the south by a line drawn on a 

bearing of 087° true from the Cargill Pier 

through Duluth Basin Lighted Buoy #5 

(LLNR 15905) to the opposite shore on 

the north by the Duluth Aerial Bridge. 

That portion of Duluth Harbor Basin 

Northern Section within 600 yards of 

position 46°46′47′′ N 092°06′10′′ W.’’ 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

3. 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. 

4. Add § 165.945 to read as follows: 

§ 165.945 Safety Zones; Annual Fireworks 

Events in the Captain of the Port Duluth 

Zone. 

(a) Safety Zones. The following areas 

are designated Safety zones. 

(1) Duluth Fourth Fest, Duluth, MN. 

(i) Location. All waters of the Duluth 

Harbor Basin Northern Section within 

600 yards of position 46°46′47′′ N, 

092°06′10′′ W.; at Duluth, MN. 

(DATUM: NAD 83). 

(ii) Enforcement date. This section is 

enforced from 7 p.m. to 11 p.m. on July 

4 of each year. 

(2) Cornucopia Fireworks, 

Cornucopia, WI. (i) Location. All waters 

of Lake Superior bounded by the arc of 

a circle within a 100-foot radius from 

the Fireworks launch site with its center 

position: 46°48′36′′ N, 090°48′ 36′′ W.; at 

Cornucopia, WI. (DATUM: NAD 83). 

(ii) Enforcement date. This section is 

enforced from 9 p.m. to 11 p.m. on July 

4 of each year. 

(3) City of Bayfield Fireworks, 

Bayfield, WI. (i) Location. All waters of 

Lake Superior bounded by the arc of a 

circle with a 100-foot radius from the 

Fireworks launch site with its center in 

position: 46°48′ 36′′ N, 090°48′ 36′′ W.; 

Bayfield, WI. (DATUM: NAD 83). 

(ii) Enforcement date. This paragraph 

is enforced from 9 p.m. to 11 p.m. on 

July 4 of each year. 

(4) Madeline Island Fireworks, 

LaPointe, WI. (i) Location. All waters of 

Lake Superior bounded by the arc of a 

circle with a 250-foot radius from the 

fireworks launch site with its center in 

position: 46°46′42′′ N, 090°47′18′′ W.; at 

Lapointe, WI. (DATUM: NAD 83). 

(ii) Enforcement date. This paragraph 

is enforced from 9:15 p.m. to 10:30 p.m. 

on July 4 of each year. 

(5) Ashland Fireworks, Ashland, WI. 

(i) All waters of Lake Superior, near 

Ashland, Wisconsin, bounded by the arc 

of a circle with a 250-foot radius from 

the Fireworks launch site with its center 

in position: 46°46′42′′ N, 090°47′18′′ W.; 

Ashland, WI. (DATUM: NAD 83). 

(ii) Enforcement date. This paragraph 

is enforced from 9 p.m. to 11 p.m. on 

July 4 of each year. 

(b) Definitions. The following 

definitions apply to this section: 

(1) Designated Representative means 

any Coast Guard commissioned, 

warrant, or petty officer designated by 

the Captain of the Port Duluth to 

monitor a safety zone, permit entry into 

the zone, give legally enforceable orders 

to persons or vessels within the zones, 

and take other actions authorized by the 

Captain of the Port. 

(2) Public vessel means vessels 

owned, chartered, or operated by the 

United States, or by a State or political 

subdivision thereof. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth, or his 

designated representative. 

(2)(i) These safety zones are closed to 

all vessel traffic, except as may be 

permitted by the Captain of the Port, or 

his designated representative. 

(ii) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port, or his 

designated representative. 

(iii) Upon being hailed by the U.S. 

Coast Guard by siren, radio, flashing 

light or other means, the operator of a 

vessel shall proceed as directed. 

(3)(i) All vessels must obtain 

permission from the Captain of the Port, 

or his designated representative to enter, 

move within, or exit the safety zone 

established in this section when this 

safety zone is enforced. 

(ii) Vessels and persons granted 

permission to enter the safety zone must 

obey all lawful orders or directions of 

the Captain of the Port or a designated 

representative. 

(iii) While within a safety zone, all 

vessels must operate at the minimum 

speed necessary to maintain a safe 

course. 

(d) Exemption. Public vessels, as 

defined in paragraph (b) of this section, 

are exempt from the requirements in 

this section. 

(e) Waiver. For any vessel, the Captain 

of the Port Duluth, or his designated 

representative may waive any of the 

requirements of this section, upon 

finding that operational conditions or 

other circumstances are such that 

application of this section is 

unnecessary or impractical for the 

purposes of public or environmental 

safety. 

(f) Notification. The Captain of the 

Port Duluth will notify the public by all 

appropriate means that the zones in this 

proposal will be enforced. Notification 

may include publication in the Federal 

Register, Broadcast Notice to Mariners, 

or Local Notice to Mariners. The 

Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

cancelled. 

Dated: May 19, 2009. 

M.P. Lebsack, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. E9–12603 Filed 5–29–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0797–200824(b); 

FRL–8911–4] 

Approval and Promulgation of Air 

Quality Implementation Plans: South 

Carolina; Approval of Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for Cherokee County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the South Carolina State 

Implementation Plan (SIP) concerning 

the maintenance plan addressing the 

26142 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Proposed Rules 

1997 8-hour ozone standard for 

Cherokee County, South Carolina. This 

maintenance plan was submitted for 

EPA action on December 13, 2007, by 

the State of South Carolina, and ensures 

the continued attainment of the 1997 8- 

hour ozone national ambient air quality 

standard through the year 2014. EPA is 

proposing to approve the SIP revision 

pursuant to section 110 of the Clean Air 

Act. The maintenance plan meets all the 

statutory and regulatory requirements, 

and is consistent with EPA’s guidance. 

On March 12, 2008, EPA issued a 

revised ozone standard. Today’s action, 

however, is being taken to address 

requirements under the 1997 8-hour 

ozone standard. Requirements for the 

Cherokee County Area under the 2008 

8-hour ozone standard will be addressed 

in the future. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

DATES: Written comments must be 

received on or before July 1, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2008–1186 by one of the following 

methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2008– 

0797,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Mr. 

Farngalo may be reached by phone at 

(404) 562–9152 or by electronic mail 

address farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules section of this Federal Register. 

Dated: May 15, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–12548 Filed 5–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0053; FRL–8910–9] 

RIN 2060–AN47 

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Paints and Allied 

Products Manufacturing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing national 

emission standards for control of 

hazardous air pollutants (HAP) for the 

Paints and Allied Products 

Manufacturing area source category. The 

proposed emissions standards for new 

and existing sources are based on EPA’s 

proposed determination as to what 

constitutes the generally available 

control technology or management 

practices (GACT) for the area source 

category. 

DATES: Comments must be received on 

or before July 1, 2009, unless a public 

hearing is requested by June 11, 2009. 

If a hearing is requested on this 

proposed rule, written comments must 

be received by July 16, 2009. Under the 

Paperwork Reduction Act, comments on 

the information collection provisions 

must be received by the Office of 

Management and Budget on or before 

July 1, 2009. 

ADDRESSES: EPA will accept comment 

on the proposal for 30 days after 

publication in the Federal Register. 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OAR–2008– 

0053, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov: Follow the 

instructions for submitting comments. 

• Agency Web site: http:// 

www.epa.gov/oar/docket.html. Follow 

the instructions for submitting 

comments on the EPA Air and Radiation 

Docket Web site. 

• E-mail: a-and-r-Docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2008–0053 in the subject line of the 

message. 

• Fax: Send comments to (202) 566– 

9744, Attention Docket ID No. EPA– 

HQ–OAR–2008–0053. 

• Mail: Area Source NESHAP for 

Paints and Allied Products 

Manufacturing Docket, Environmental 

Protection Agency, Air and Radiation 

Docket and Information Center, 

Mailcode: 2822T, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460. 

Please include a total of two copies. In 

addition, please mail a copy of your 

comments on the information collection 

provisions to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB), Attn: 

Desk Officer for EPA, 725 17th Street 

NW., Washington, DC 20503. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Avenue NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0053. EPA’s 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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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.