Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations 32083 

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 

does not create an environmental risk to 

health or risk to safety that may 

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 does 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 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 concluded that this action is one 

of the category of actions which do not 

individually or cumulatively have 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2 Figure 2–1, paragraph (34)(g), of 

the Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves the 

establishing, disestablishing, or 

changing of a safety zone. An 

environmental analysis checklist and a 

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, 

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, 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 temporary § 165.T09–0399 to 

read as follows: 

§ 165.T09–0399 Safety Zone, Kinnickinnic 

River Sediment Removal Project, 

Milwaukee, WI. 

(a) Location. All waters of the 

Kinnickinnic River between the West 

Becher Street Bridge located at 

43°00′37′′ N, 087°54′51′′ W and the 

South Kinnickinnic Avenue Bridge 

located at 43°00′29′′ N, 087°54′30′′ W 

(NAD 83). 

(b) Enforcement period. This 

regulation is enforced from 7 a.m. local 

on June 12, 2009 until 11:59 p.m. on 

December 31, 2009. The Captain of the 

Port, Sector Lake Michigan may 

terminate this zone at any time. 

(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 Sector Lake 

Michigan, or his on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Sector Lake Michigan or his on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Sector 

Lake Michigan or his on-scene 

representative to obtain permission to 

do so. The Captain of the Port or his onscene representative may be contacted 

via VHF Channel 16. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port Sector Lake Michigan or his 

on-scene representative. 

Dated: June 12, 2009. 

B.C. Jones, 

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

Port Sector Lake Michigan. 

[FR Doc. E9–15953 Filed 7–6–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0469] 

Security and Safety Zone Regulations, 

Large Passenger Vessel Protection, 

Portland, OR Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the security and safety zone in 33 CFR 

165.1318 for large passenger vessels 

operating in the Portland, Oregon 

Captain of the Port Zone during the 

dates and times listed in DATES. This 

action is necessary to ensure the 

32084 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations 

security and safety of the large 

passenger vessels, including their crew 

and passengers, as well as the maritime 

public. During the enforcement period, 

no person or vessel may enter or remain 

in the security and safety zone without 

permission of the Captain of the Port, 

Portland, Oregon. 

DATES: The regulations in 33 CFR 

165.1318 will be enforced during the 

following dates and times for the vessels 

noted: 

(1) LPV Carnival Splendor: From 7 

a.m. June 9, 2009, through 12 a.m. 

(midnight) June 10, 2009. 

(2) LPV Carnival Splendor: From 7 

a.m. June 16, 2009, through 12 a.m. 

(midnight) June 17, 2009. 

(3) LPV The World: From 7 a.m. June 

19, 2009, through 12 a.m. (midnight) 

June 20, 2009. 

(4) LPV Norwegian Pearl: From 7 a.m. 

September 22, 2009, through 12 a.m. 

(midnight) September 23, 2009. 

(5) LPV Norwegian Star: From 7 a.m. 

September 22, 2009, through 12 a.m. 

(midnight) September 23, 2009. 

(6) LPV Serenade of the Seas: From 7 

a.m. September 29, 2009, through 12 

a.m. (midnight) September 30, 2009. 

(7) LPV Veendam: From 5:30 a.m. 

September 29, 2009, through 12 a.m. 

(midnight) September 30, 2009. 

(8) LPV Millennium: From 7 a.m. 

October 3, 2009, through 12 a.m. 

(midnight) October 4, 2009. 

(9) LPV Mercury: From 7 a.m. October 

16, 2009, through 12 a.m. (midnight) 

October 17, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail MST1 Jaime Sayers, U.S. Coast 

Guard Sector Portland, Waterways 

Management Branch; telephone 503– 

240–9319, e-mail 

Jaime.A.Sayers@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the security and 

safety zone regulation in 33 CFR 

165.1318 for large passenger vessels 

operating in the Portland, Oregon 

Captain of the Port Zone during the 

dates and times listed in DATES. 

Under the provisions of 33 CFR 

165.1318 and 33 CFR 165 Subparts C 

and D, no person or vessel may enter or 

remain in the security and safety zone 

without permission of the Captain of the 

Port, Portland, Oregon. Persons or 

vessels wishing to enter the safety and 

security zone may request permission to 

do so from the on scene Captain of the 

Port representative via VHF Channel 16 

or 13. The Coast Guard may be assisted 

by other Federal, State, or local 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 165.1318 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 

notification of the enforcement periods 

via a Local Notice to Mariners. 

Dated: June 22, 2009. 

F.G. Myer, 

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

Port, Portland. 

[FR Doc. E9–15951 Filed 7–6–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0146; FRL–8926–1] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Notice of Deletion 

of the Wilson Farm Superfund Site 

(Site) from the National Priorities List. 

SUMMARY: EPA, Region 2, is publishing 

a direct final notice of deletion of the 

Site, located in Plumsted Township, 

Ocean County, New Jersey, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final Notice of Deletion is being 

published by EPA with the concurrence 

of the State of New Jersey, through the 

Department of Environmental Protection 

(NJDEP). EPA and NJDEP have 

determined that all appropriate 

remedial actions under CERCLA, 

including operation and maintenance, 

have been implemented. 

DATES: This direct final deletion will be 

effective September 8, 2009 unless EPA 

receives significant adverse comments 

by August 6, 2009. If significant adverse 

comments are received, EPA will 

publish a timely withdrawal of this 

direct final deletion in the Federal 

Register, informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2009–0146, by one of the 

following methods: 

Web Site: http://www.regulations.gov. 

Follow the on-line instructions for 

submitting comments. 

E-mail: zeolla.michael@epa.gov. 

Fax: To the attention of Michael 

Zeolla at (212) 637–4393. 

Mail: To the attention of Michael 

Zeolla, Remedial Project Manager, 

Emergency and Remedial Response 

Division, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 19th 

Floor, New York, New York 10007– 

1866. 

Hand Delivery: Superfund Records 

Center, 290 Broadway, 18th Floor, New 

York, NY 10007–1866 (telephone: 212– 

637–4308). Such deliveries are only 

accepted during the Docket’s normal 

hours of operation (Monday to Friday 

from 9 a.m. to 5 p.m.). Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–2009– 

0146; EPA’ policy is that all comments 

received will be included in the 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 CBI or otherwise protected 

through http://www.regulations.gov or 

via 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 

comments. If you send comments to 

EPA via e-mail, your e-mail address will 

be included as part of the comment that 

is placed in the Docket and made 

available on the Web Site. If you submit 

electronic comments, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

that you submit. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comments. Electronic 

files should avoid the use of special 

characters, any form of encryption, and 

be free of any defects or viruses. 

Docket: All documents in the Docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials can be available either 

electronically in http:// 

www.regulations.gov or in hard copy at: