27956 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this preliminary 

determination is available in the docket 

where indicated under ADDRESSES. This 

proposed rule involves establishing a 

temporary 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; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Add new temporary § 165.T08– 

0359 to read as follows: 

§ 165.T08–0359 Safety Zone; Sabine River, 

Orange, TX. 

(a) Definitions. As used in this section 

Participant Vessel means all vessels 

officially registered with event officials 

to race or work in the event. These 

vessels include race boats, rescue boats, 

tow boats, and picket boats associated 

with the race. 

(b) Location. The following area is a 

safety zone: all waters of the Sabine 

River, shoreline to shoreline, adjacent to 

the Naval Reserve Unit and the Orange 

public boat ramps located in Orange, 

TX. The northern boundary is from the 

end of Navy Pier One at 30°05′45′′ N 

93°43′24′′ W then easterly to the river’s 

eastern shore. The southern boundary is 

a line shoreline to shoreline at latitude 

30°05′33′′ N. 

(c) Effective date. This rule is effective 

from 9 a.m. on September 19, 2009 until 

6 p.m. on September 20, 2009. 

(d) Periods of Enforcement. This rule 

will be enforced from 9 a.m. until 6 p.m. 

on September 19, 2009 and 9 a.m. until 

6 p.m. on September 20, 2009. The 

Captain of the Port, Port Arthur will 

inform the public through broadcast 

notice to mariners of the enforcement 

periods for the safety zone. 

(e) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into this zone is prohibited to all vessels 

except participant vessels and those 

vessels specifically authorized by the 

Captain of the Port, Port Arthur or a 

designated representative. 

(2) Persons or vessels requiring entry 

into or passage through must request 

permission from the Captain of the Port, 

Port Arthur, or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (409) 723–6500. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port, Port Arthur, 

designated representatives and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: May 5, 2009. 

J.J. Plunkett, 

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

Port, Port Arthur. 

[FR Doc. E9–13775 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–15–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1253 

RIN 3095–AB61 

NARA Facility Locations and Hours 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Proposed rule. 

SUMMARY: NARA proposes to change the 

hours open to the public for our Kansas 

City, Missouri, and New York City 

regional archives. The Kansas City 

regional archives relocated on March 17, 

2009, to the Union Station Complex at 

400 West Pershing Road, Kansas City, 

Missouri. NARA is also proposing to 

shift the hours open to the public at the 

New York City regional archives to 

better serve the public for the range of 

hours covering the majority of visits. 

This proposed rule will affect the 

public. 

DATES: Submit comments on or before 

August 11, 2009. 

ADDRESSES: NARA invites interested 

persons to submit comments on this 

proposed rule. Please include ‘‘Attn: 

3095–AB61’’ and your name and 

mailing address in your comments. 

Comments may be submitted by any of 

the following methods: 

• Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

• Fax: Submit comments by facsimile 

transmission to 301–837–0319. 

• Mail: Send comments to 

Regulations Comments Desk (NPOL), 

Room 4100, Policy and Planning Staff, 

National Archives and Records 

Administration, 8601 Adelphi Road, 

College Park, MD 20740–6001. 

• Hand Delivery or Courier: Deliver 

comments to 8601 Adelphi Road, 

College Park, MD. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Davis Heaps at 301–837–1801. 

SUPPLEMENTARY INFORMATION: The 

location of NARA’s Kansas City regional 

archives has changed. This document 

proposes to update 36 CFR Part 1253 

with the new location information. 

Also, NARA proposes a change of hours 

for our Kansas City location and existing 

New York City location. 

Kansas City, MO 

NARA published a notice in the 

Federal Register on October 20, 2008 

(73 FR 62340), announcing a temporary 

change in hours for our Kansas City 

regional archives to prepare for the 

move to the location covered in this 

proposed rule. On March 17, 2009, the 

Kansas City regional archives relocated 

to the Union Station Complex at 400 

West Pershing Road, Kansas City, 

Missouri. We are proposing to revise 36 

CFR 1253.7(c) to include the new 

address for that regional archives, as 

well as the new research room hours, 8 

a.m.–4 p.m., Tuesday–Saturday. These 

hours correspond with public hours for 

other institutions in the Union Station/ 

Crossroads cultural district, including 

the Kansas City Museum at Union 

Station and the National World War I 

Museum. 

Other hours at the new Kansas City 

location are as follows: 

• Exhibits Galleries: 9 a.m.–5 p.m., 

Tuesday–Saturday. 

• Administration and Records 

Management Services to Federal 

Agencies: 8 a.m.–4:30 p.m., Monday– 

Friday. 

• Kansas City Store at the National 

Archives: 10 a.m.–4 p.m., Tuesday– 

Saturday. 

These hours, while not proposed for 

inclusion in § 1253.7(c) of this part, will 

be available on NARA’s Web site, 

http://www.archives.gov. 

New York, NY 

NARA is also proposing to shift the 

hours open to the public at the New 

York City regional archives to better 

serve patrons for the range of hours the 

vast majority want to visit. There will be 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27957 

slightly fewer hours per week but with 

little, if any, anticipated adverse impact 

upon the public. This location is 

currently open Monday through Friday, 

8 a.m. until 4:30 p.m. and the first 

Saturday of each month from 8:30 a.m. 

until 4:30 p.m. (42.5 hours per week, 

plus 8 extended hours per month). 

Proposed new hours would be Monday 

through Friday, 9 a.m. until 5 p.m. and 

on the first Saturday of each month, 9 

a.m. until 4:30 p.m. (40 hours per week, 

plus 7.5 extended hours per month). 

This change would result in a slight 

reduction of hours (2.5 hours per week, 

plus half an hour per month). 

Since October 2007, the New York 

regional archives has had an average of 

less than one visitor during the hour 

from 8 to 9 a.m. 

Date span Number of 

days open 

Number of 

days with no 

visitors before 

9 a.m. 

Average number of visitors 

between 8 and 

9 a.m. 

October 2006–September 2007 .................................................................................................. 259 53 1.5 

October 2007–September 2008 .................................................................................................. 264 79 0.9 

October 2008–February 2009 ..................................................................................................... 105 40 0.9 

Figure 1. Public Visitors at NARA’s New 

York Regional Archives, October 2006– 

February 2009. 

As seen in Figure 1, from October 

2007 through September 2008, New 

York had no visitors before 9 a.m. on 

just under 30 percent of the days open 

to the public. From October 2008 

through February 2009, there were no 

visitors before 9 a.m. on 38 percent of 

the days open to the public. As a result, 

we do not anticipate that opening one 

hour later will negatively impact public 

use. Visitors who do arrive before 9 a.m. 

usually are regular researchers who 

remain at the facility most of the day. 

We also believe that remaining open 

until 5 p.m. will benefit those who come 

to us later in the day. In many cases, 

these visitors arrive after 4 p.m. and 

have been sent to our offices by other 

Federal agencies. 

This proposed rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget (OMB). As required by the 

Regulatory Flexibility Act, it is hereby 

certified that this proposed rule will not 

have a significant impact on a 

substantial number of small entities 

because this rule applies to individual 

researchers. This proposed rule does not 

have any federalism implications. 

List of Subjects in 36 CFR Part 1253 

Archives and records. 

For the reasons set forth in the 

preamble, NARA proposes to amend 

part 1253 of title 36, Code of Federal 

Regulations, as follows: 

PART 1253—LOCATIONS OF 

RECORDS AND HOURS OF USE 

1. The authority citation for part 1253 

continues to read as follows: 

Authority: 44 U.S.C. 2104(a). 

2. Amend § 1253.7 by revising 

paragraphs (c) and (g) as follows: 

§ 1253.7 Regional Archives. 

* * * * * 

(c) NARA—Northeast Region (New 

York City) is located at 201 Varick 

Street, 12th Floor, New York, NY 

10014–4811 (entrance on Houston 

Street, between Varick and Hudson). 

The hours are 9 a.m. to 5 p.m., Monday 

through Friday. The telephone number 

is 212–401–1620 or Toll Free 1–866– 

840–1752. 

* * * * * 

(g) NARA—Central Plains Region 

(Kansas City) is located at 400 West 

Pershing Road, Kansas City, MO 64108. 

The hours are 8 a.m. to 4 p.m., Tuesday 

through Saturday. The telephone 

number is 816–268–8000. 

* * * * * 

Dated: June 1, 2009. 

Adrienne C. Thomas, 

Acting Archivist of the United States. 

[FR Doc. E9–14009 Filed 6–11–09; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0221; FRL–8917–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Ohio; Redesignation of the 

Cleveland-Akron-Lorain Area to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing several 

related actions affecting the ClevelandAkron-Lorain, Ohio 8-hour ozone 

nonattainment area. EPA is proposing to 

make a determination under the Clean 

Air Act (CAA) that the ClevelandAkron-Lorain nonattainment area has 

attained the 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). The Cleveland-Akron-Lorain 

area includes Ashtabula, Cuyahoga, 

Geauga, Lake, Lorain, Medina, Portage, 

and Summit Counties. This 

determination is based on qualityassured ambient air quality monitoring 

data for the 2006–2008 ozone seasons 

that demonstrate that the 8-hour ozone 

NAAQS has been attained in the area. 

EPA is also proposing to approve, as a 

revision to the Ohio State 

Implementation Plan (SIP), the State’s 

plan for maintaining the 8-hour ozone 

NAAQS through 2020 in the area. EPA 

is proposing to approve a request from 

the State of Ohio to redesignate the 

Cleveland-Akron-Lorain area to 

attainment of the 8-hour ozone NAAQS. 

The Ohio Environmental Protection 

Agency (Ohio EPA) submitted this 

request on March 17, 2009, and 

supplemented it on April 24, 2009. 

EPA is proposing to approve the 2002 

base year emissions inventory for the 

Cleveland-Akron-Lorain area as meeting 

the requirements of the CAA. If EPA’s 

determination that the area has attained 

the standard is made final, under the 

provisions of EPA’s ozone 

implementation rule, the requirement to 

submit certain planning SIPS related to 

attainment, including attainment 

demonstration requirements (the 

reasonably available control measure 

(RACM) requirement, the reasonable 

further progress (RFP) and attainment 

demonstration requirements, and the 

requirement for contingency measures) 

are not applicable to the area as long as 

it continues to attain the NAAQS and 

would cease to apply upon 

redesignation. EPA is proposing to 

approve Ohio’s 15 percent (15%) Rate of 

Progress (ROP) plan as meeting the 

requirements of the CAA for the 1-hour 

ozone standard. EPA is also proposing 

to approve a waiver, for the ClevelandAkron-Lorain area, from the oxides of 

nitrogen (NOX) requirements of section