Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Proposed Rules 35153 

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 

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 proposed rule 

involves establishing a safety zone 

around a fireworks display. The 

fireworks will be launched from a land 

area, however some fallout may enter 

the water within a 280 foot radius of the 

launching site. This zone is designed to 

protect mariners from the hazards 

associated with fireworks displays. 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 temporary § 165.T05–0529, to 

read as follows: 

§ 165.T05–0529 Safety Zone: Cape Charles 

Tomato Festival Fireworks Event, 

Chesapeake Bay, Cape Charles, VA. 

(a) Regulated area. The following area 

is a safety zone: All navigable waters 

within 280 feet of position 37°15′46′′ N/ 

076°01′30′′ W (NAD 1983), in the 

vicinity of the Cape Charles Town 

Harbor in Cape Charles, VA. 

(b) Definitions. As used in this 

section, Captain of the Port 

Representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port, Hampton Roads, 

Virginia to act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

Virginia can be contacted at telephone 

number (757) 668–5555. 

(4) The Captain of the Port 

Representative enforcing the safety zone 

can be contacted on VHF–FM marine 

band radio, channel 13 (156.65Mhz) and 

channel 16 (156.8Mhz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This rule is 

effective on September 26, 2009 from 8 

p.m. to 8:30 p.m. 

Dated: June 30, 2009. 

M.S. Ogle, 

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

Port Hampton Roads. 

[FR Doc. E9–17101 Filed 7–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0466; FRL–8932–6] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of intent to delete the 

Central Wood Preserving Company 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is issuing a 

notice of intent to delete Central Wood 

Preserving Company Superfund Site 

(Site) located in East Feliciana Parish, 

Louisiana, from the National Priorities 

List (NPL) and requests public 

comments on this proposed action. 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). The EPA and 

the State of Louisiana, through the 

Louisiana Department of Environmental 

Quality, have determined that all 

appropriate response actions under 

CERCLA, other than operation and 

maintenance and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Comments must be received by 

August 19, 2009. 


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35154 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Proposed Rules 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2009–0466, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: gold.david@epa.gov. 

• Fax: (214) 665–6660. 

• Mail: David Gold, Community 

Involvement Coordinator (6SF–VO), 

U.S. Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733, telephone (214) 

665–7118 toll-free (800) 533–3508. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

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–SFUND–2009– 

0466. 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. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM 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 comment. 

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 statue. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in the hard copy. Publicly available 

docket materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. EPA, Region 6, by appointment 

in the 7th Floor Reception Area, 1445 

Ross Ave. Dallas, TX 75202–2722, (214) 

665–7525, Monday through Friday 9 

a.m. to 4 p.m; Audubon Regional 

Library Clinton Branch, 12220 

Woodville Street, Clinton, LA 70722 

(225) 683–8753 Monday through 

Thursday 9 a.m. to 5 p.m, Friday 9 a.m. 

to 3 p.m, and Saturday 9 a.m. to 1 p.m; 

Louisiana Department of 

Environmental Quality, Galvez 

Building, 602 North Fifth Street, Baton 

Rouge, LA 70802, (225) 219–5337 

Monday through Friday 8 a.m. to 4:30 

p.m. 

FOR FURTHER INFORMATION CONTACT: 

Laura Stankosky, Remedial Project 

Manager (RPM) (6SF–RL), 

(stankosky.laura@epa.gov) U.S. 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733, telephone (214) 

665–7525 or toll-free (800) 533–3508. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of the Central Wood Preserving 

Superfund Site Superfund Site without 

prior Notice of Intent to Delete because 

we view this as a noncontroversial 

revision and anticipate no adverse 

comment. We have explained our 

reasons for this deletion in the preamble 

to the direct final Notice of Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this deletion action, we 

will not take further action on this 

Notice of Intent to Delete. If we receive 

adverse comment(s), we will withdraw 

the direct final Notice of Deletion, and 

it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. For additional information, 

see the direct final Notice of Deletion 

which is located in the Rules section of 

this Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: July 10, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–17172 Filed 7–17–09; 8:45 am] 

BILLING CODE 6560–50–P 


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