Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 30317 

Order 12777 authorized the Coast Guard 

to issue regulations requiring owners 

and operators of tank vessels and MTR 

facilities to prepare and submit response 

plans, for approval, to the Coast Guard. 

OPA 90 also requires that owners and 

operators conduct their operations in 

accordance with those Coast Guard 

approved response plans. 

In 1993, the Coast Guard published 

interim tank vessel and MTR facility 

response plan regulations (58 FR 7424, 

February 5, 1993 and 58 FR 7730 

February 5, 1993, respectively). The 

Coast Guard finalized those regulations 

in 1996 (tank vessels, 61 FR 1052, 

January 12, 1996) (MTR facilities 61 FR 

7890, February 29, 1996). These 

regulations contain minimum on-water 

oil removal equipment requirements 

that planholders transporting or 

transferring petroleum oil are required 

to meet when planning for an oil 

discharge. See 33 CFR part 155, subpart 

D for tank vessels; and 33 CFR 154, 

subpart F for MTR facilities. These 

regulations also state that the Coast 

Guard will periodically review oil 

removal equipment requirements to 

determine if increases in equipment and 

additional requirements for new 

response technologies are practicable. 

33 CFR 154.1045(n) and 155.1050(p). 

On January 27, 1998, the Coast Guard 

published a notice requesting comments 

(63 FR 3861) regarding our intent to 

conduct a review of response plan oil 

removal equipment requirements. In the 

notice, we stated that the 1993 removal 

equipment requirements would remain 

in effect pending the results of that 

review, and that the removal equipment 

requirement increases, as originally 

scheduled, would not be implemented 

until the review was complete. On June 

24, 1998, the Coast Guard published a 

Notice of Meetings (63 FR 34500) that 

announced three public workshops. The 

workshops were set up to solicit 

comments on potential changes to 

removal equipment requirements within 

the response plan regulations (33 CFR 

parts 153, 154 and 155) for mechanical 

recovery, dispersants, and other spill 

removal technologies. Based on 

comments in response to the notice of 

Request for Comments and the three 

workshops, the Coast Guard 

commissioned an in-depth assessment 

of advances in oil-spill response 

equipment since 1993 (USCG–1998– 

3350, comments on the notice; and 

USCG–1998–3350–0048, –0049, and 

–0050, summary reports of the public 

workshops). The Coast Guard completed 

the assessment in May 1999 (USCG– 

1998–3350–0074). Based on the 

recommendations contained in the 

assessment, the Coast Guard published 

a Notice of Decision (65 FR 710, January 

6, 2000) that implemented a 25 percent 

increase for on-water mechanical 

recovery equipment for response plans 

of MTR facilities and tank vessels, 

effective April 6, 2000. 

In 2002, the Coast Guard published 

the Vessel and Facility Response Plans 

for Oil: 2003 Removal Requirements and 

Alternative Technology Revisions 

NPRM to evaluate the potential for 

additional increases in mechanical onwater recovery and new requirements 

for other response technologies (67 FR 

63331, October 11, 2002). The NPRM 

described five regulatory alternatives 

(including a ‘‘no action’’ alternative) 

which emphasized mechanical and nonmechanical response assets. In addition 

to addressing different modes of oil-spill 

response, the alternatives included 

differing capabilities within each 

response mode. On November 19, 2002, 

we published a notice of public meeting 

and extension of the comment period 

(67 FR 69697) for the NPRM. The 

meeting was held on December 18, 

2002, at Coast Guard Headquarters in 

Washington, DC, and the comment 

period closed on April 8, 2003. 

As part of the rulemaking effort, the 

Coast Guard published a Notice of 

Intent to prepare and circulate a Draft 

Programmatic Environmental Impact 

Statement (DPEIS) (65 FR 53335, 

September 1, 2000). On June 1, 2005, 

the Coast Guard published the DPEIS 

(70 FR 31487) to ensure that a broad 

range of environmental issues were 

adequately considered in the 

rulemaking. Both documents requested 

input from the public on environmental 

concerns related to the alternatives for 

increasing spill removal equipment 

requirements for an oil discharge. The 

information obtained from the public, in 

combination with Area Committee and 

Regional Response Team investigations, 

led to our determination that 

mechanical recovery, in-situ burning, 

and chemical dispersion met the 

criterion to increase the response plan 

equipment capability requirements, 

which could potentially reduce the 

amount of spilled oil reaching sensitive 

marine resources. 

The FPEIS describes the reasonable 

alternatives that were evaluated, the 

affected environment, and the 

environmental impacts associated with 

the alternatives on the resources 

analyzed. As a programmatic document, 

the FPEIS covers general issues in a 

broad, program-oriented analysis. The 

information contained in the FPEIS is 

required in order to comply with the 

National Environmental Policy Act. 

This notice is issued under authority 

of 5 U.S.C. 552(a). 

Dated: June 18, 2009. 

J. G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. E9–14945 Filed 6–24–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID: FEMA–2007–0008] 

National Advisory Council Meeting 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice of the National Advisory 

Committee Meeting. 

SUMMARY: This notice announces the 

date, time, location, and agenda for the 

next meeting of the National Advisory 

Council (NAC). At the meeting, the 

subcommittees will report on their work 

since the April 15–16, 2009 meeting. 

This meeting will be open to the public. 

DATES: Meeting Dates: Wednesday, July 

29, 2009, from approximately 10 a.m. to 

5:15 p.m. and Thursday, July 30, 2009, 

10:15 a.m. to 2:15 p.m. A public 

comment period will take place on the 

afternoon of July 30, 2009, between 

approximately 1:15 p.m. and 1:45 p.m. 

Comment Date: Persons wishing to 

make an oral presentation, or who are 

unable to attend or speak at the meeting, 

may submit written comments. Written 

comments or requests to make oral 

presentations must be received by July 

20, 2009. 

ADDRESSES: The meeting will be held at 

the Alerus Center, 1200 South 42nd 

Street, Grand Forks, ND 58201. Written 

comments and requests to make oral 

presentations at the meeting should be 

provided to the address listed in the FOR

FURTHER INFORMATION CONTACT section 

and must be received by July 20, 2009. 

All submissions received must include 

the Docket ID FEMA–2007–0008 and 

may be submitted by any one of the 

following methods: 

Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the Web site. 

E-mail: FEMA-RULES@dhs.gov. 

Include Docket ID FEMA–2007–0008 in 

the subject line of the message. 

Facsimile: (703) 483–2999. 

Mail: Office of Chief Counsel, Federal 

Emergency Management Agency, Room 

835, 500 C Street, SW., Washington, DC 

20472–3100. 

Hand Delivery/Courier: Office of the 

Chief Counsel, Federal Emergency 


sroberts on PROD1PC70 with NOTICES
30318 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 

Management Agency, Room 835, 500 C 

Street, SW., Washington, DC 20472– 

3100. 

Instructions: All submissions received 

must include the Docket ID FEMA– 

2007–0008. Comments received also 

will be posted without alteration at 

http://www.regulations.gov, including 

any personal information provided. 

Docket: For access to the docket to 

read documents or comments received 

by the National Advisory Council, go to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Alyson Price, Designated Federal 

Officer, Federal Emergency Management 

Agency, 500 C Street, SW., (Room 718), 

Washington, DC 20472–3100, telephone 

202–646–3746, fax 202–646–4176, and 

e-mail FEMA-NAC@dhs.gov. The NAC 

Web site is located at: http:// 

www.fema.gov/about/nac/. 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is required under the 

Federal Advisory Committee Act 

(FACA), Public Law 92–463, as 

amended (5 U.S.C. App. 1 et seq.). The 

National Advisory Council (NAC) will 

meet for the purpose of reviewing the 

progress and/or potential 

recommendations of the following NAC 

subcommittees and working group: 

Stafford Act, National Response 

Framework, National Incident 

Management System, Post-Disaster 

Housing, Special Needs, Public/Private 

Partnerships, and Target Capabilities 

List. The council may receive updates 

on preparedness issues, mitigation 

issues, and the Regional Advisory 

Councils. 

Public Attendance: The meeting is 

open to the public. Please note that the 

meeting may adjourn early if all 

business is finished. Persons with 

disabilities who require special 

assistance should advise the Designated 

Federal Officer of their anticipated 

special needs as early as possible. 

Members of the public who wish to 

make comments on Thursday, July 30, 

2009 between 1:15 p.m. and 1:45 p.m. 

are requested to register in advance, and 

if the meeting is running ahead of 

schedule, the public comment period 

may take place at 11:30 a.m.; therefore, 

all speakers must be present and seated 

by 10:15 a.m. In order to allow as many 

people as possible to speak, speakers are 

requested to limit their remarks to 3 

minutes. For those wishing to submit 

written comments, please follow the 

procedure noted above. 

Dated: June 9, 2009. 

W. Craig Fugate, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. E9–14932 Filed 6–24–09; 8:45 am] 

BILLING CODE 9111–48–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5311–N–03] 

Notice of Availability: Notice of 

Funding Availability (NOFA) for 

American Recovery and Reinvestment 

Act Capital Fund Recovery 

Competition Grants; Correction to 

Deadline in June 9, 2009 Federal 

Register Notice 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice. 

SUMMARY: On June 9, 2009, HUD 

published a notice in the Federal 

Register (74 FR 27340) to announce that 

a revised version of the Capital Fund 

Recovery Competition (CFRC) NOFA 

had been issued and posted to the HUD 

website. That brief notice stated that the 

deadline date for Category 4 (Creation of 

Energy Efficient, Green Communities) 

applications is July 29, 2009. In fact, the 

correct deadline date for Category 4 

applications is July 21, 2009. The July 

21, 2009 deadline date for Category 4 

applications is correctly stated in the 

revised CFRC NOFA posted on HUD’s 

Web site on June 3, 2009. While the 

requirements for submitting an 

application for this assistance are those 

provided in the CFRC NOFA, HUD is 

using today’s Federal Register notice to 

avoid any confusion in its applicant 

community. 

FOR FURTHER INFORMATION CONTACT: If 

you have a question or need a 

clarification, you may contact the Office 

of Capital Improvements by sending an 

email message to PIHOCI@hud.gov. 

Please see http://www.hud.gov/offices/ 

pih/programs/ph/capfund/ocir.cfm, 

which can be accessed from http:// 

www.hud.gov/recovery/, for the revised 

CFRC NOFA and additional 

information. 

Dated: June 19, 2009. 

Aaron Santa Anna, 

Assistant General Counsel for Regulations. 

[FR Doc. E9–14910 Filed 6–24–09; 8:45 am] 

BILLING CODE 5210–67–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

Failure to Demonstrate Valid Existing 

Rights for Land Within the Daniel 

Boone National Forest 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Notice of decision. 

SUMMARY: This notice announces our 

decision on a request for a 

determination of valid existing rights 

(VER) under section 522(e) of the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). We (OSM) have determined that, 

based upon the information provided, 

the applicant has not demonstrated the 

existence of VER on the Jack Smith, et 

al. property within the boundaries of 

the Daniel Boone National Forest in 

Clay County, Kentucky. 

DATES: Effective Date: June 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joseph L. Blackburn, Director, Lexington 

Field Office, 2675 Regency Road, 

Lexington, Kentucky 40503. 

• Telephone: (859) 260–3903. Fax: 

(859) 260–8410. 

• E-mail: jblackburn@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. What Is the Nature of the VER 

Determination Request? 

II. What Legal Requirements Apply to This 

Request? 

III. What Information Is Available Relevant to 

the Basis for the Request? 

IV. How We Processed the Request. 

V. How We Made Our Decision. 

VI. How Can I Appeal the Determination? 

VII. Where Are the Records of This 

Determination Available? 

I. What Is the Nature of the VER 

Determination Request? 

On July 15, 2008, David Altizer 

submitted a request on behalf of Jack 

Smith, Jerry Smith and Leovie Smith, 

for a determination of VER to conduct 

surface coal mining operations on 

approximately 238 acres of land owned 

by the U.S. Forest Service within the 

Daniel Boone National Forest in Clay 

County, Kentucky. 

II. What Legal Requirements Apply to 

This Request? 

Section 522(e)(2) of SMCRA, 30 

U.S.C. 1272(e)(2), prohibits surface coal 

mining operations on Federal lands 

within the boundaries of any national 

forest, with two exceptions. The first 

exception pertains to surface operations 

and impacts incidental to an 

underground coal mine. The second 


sroberts on PROD1PC70 with NOTICES