35124 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 

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 this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a safety zone 

around a fireworks display. Under 

figure 2–1, paragraph (34)(g), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

rule. 

List of Subjects 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 § 165.T05–0274 to read as 

follows: 

§ 165.T05–0274 Safety Zone; Norfolk Tides 

Post-Game Fireworks Displays, Elizabeth 

River, Norfolk, VA. 

(a) Regulated area. The following area 

is a safety zone: specified waters of the 

Elizabeth River located within a 210- 

foot radius of the fireworks launching 

site located at approximate position 

36°50′30′′ N/076°16′42′′ W (NAD 1983), 

directly behind Harbor Park Stadium in 

the vicinity of Norfolk, VA. 

(b) Definition. For the purposes of this 

part, 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 can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Effective period. This regulation 

will be in effect on July 2, July 3, August 

21, September 3, and September 4, 2009 

from 9 p.m. until 10:30 p.m. 

Dated: June 30, 2009. 

M.S. Ogle, 

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

Port Hampton Roads. 

[FR Doc. E9–17104 Filed 7–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0632] 

Safety Zones: Annual Events 

Requiring Safety Zones in the Captain 

of the Port Detroit Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement. 

SUMMARY: The Coast Guard will enforce 

the safety zones for annual fireworks 

events in the Captain of the Port Detroit 

zone from 9 p.m. on July 3, 2009 

through 11 p.m. on July 25, 2009. This 

action is necessary and intended to 

ensure safety of life on the navigable 

waters immediately prior to, during, and 

immediately after fireworks events. This 

rule will establish restrictions upon, and 

control movement of, vessels in a 

specified area immediately prior to, 


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Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 35125 

during, and immediately after fireworks 

events. During the enforcement period, 

no person or vessel may enter the safety 

zone without permission of the Captain 

of the Port. 

DATES: The regulations in 33 CFR part 

165 will be enforced as listed below 

under the subject heading 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: CDR 

Joseph Snowden, Prevention, U.S. Coast 

Guard Sector Detroit, 110 Mount Elliot 

Ave., Detroit, MI 48207; (313)–568– 

9580, e-mail 

Joseph.H.Snowden@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the following safety 

zones which were published in the 

August 8, 2008 issue of the Federal 

Register. (73 FR 46194): 

Section 165.941(a)(22) Catawba 

Island Club Fireworks, Catawba Island, 

OH. This regulation is effective and will 

be enforced from 9 p.m. until 10 p.m. 

on July 3, 2009. 

Section 165.941(a)(43) Lexington 

Independence Festival Fireworks, 

Lexington, MI. This regulation will be 

effective from 9:30 p.m. on July 3, 2009 

to 10:30 p.m. on July 5, 2009. This 

regulation will be enforced from 9:30 

p.m. until 10:30 p.m. on July 3, 2009. In 

the event of inclement weather, this 

regulation will be enforced from 9:30 

p.m. until 10:30 p.m. on July 5, 2009. 

Section 165.941(a)(31) Safety zone; 

Lake Erie Metropark Fireworks, 

Gibraltar, MI. This regulation is effective 

and will be enforced from 10 p.m. to 11 

p.m. on July 3, 2009. 

Section 165.941(a)(37) Safety zone; 

Caseville Fireworks, Caseville, MI. This 

regulation is effective from 10 p.m. on 

July 3, 2009 to 11 p.m. on July 5, 2009. 

This regulation will be enforced from 10 

p.m. until 11 p.m. on July 3, 2009. In the 

event of inclement weather, this 

regulation will be enforced from 10 p.m. 

until 11 p.m. on July 5, 2009. 

Section 165.941(a)(32) Safety zone; 

City of St. Clair Fireworks, St. Clair, MI. 

This regulation will be effective from 10 

p.m. July 4, 2009 to 11 p.m. on July 5, 

2009. This regulation will be enforced 

from 10 p.m. until 11 p.m. on July 4, 

2009. In the event of inclement weather, 

this regulation will be enforced from 10 

p.m. until 11 p.m. on July 5, 2009. 

Section 165.941(a)(5) Alpena 

Fireworks, Alpena, MI. This regulation 

is effective from 10 p.m. on July 4, 2009 

to 11 p.m. on July 5, 2009. This 

regulation will be enforced from 10 p.m. 

until 11 p.m. on July 4, 2009. In the 

event of inclement weather, this 

regulation will be enforced from 10 p.m. 

until 11 p.m. on July 5, 2009. 

Section 165.941(a)(47) Safety zone; 

Belle Maer Harbor 4th of July Fireworks, 

Harrison Township, MI. This regulation 

will be effective from 10 p.m. July 4, 

2009 to 11 p.m. on July 5, 2009. This 

regulation will be enforced from 10 p.m. 

until 11 p.m. on July 4, 2009. In the 

event of inclement weather, this 

regulation will be enforced from 10 p.m. 

until 11 p.m. on July 5, 2009. 

Section 165.941(a)(42) Safety zone; 

Grosse Pointe Yacht Club 4th of July 

Fireworks, Grosse Pointe Shores, MI. 

This regulation will be effective from 10 

p.m. July 4, 2009 to 10:30 p.m. on July 

5, 2009. This regulation will be enforced 

from 10 p.m. until 10:30 p.m. on July 4, 

2009. In the event of inclement weather, 

this regulation will be enforced from 10 

p.m. until 10:30 p.m. on July 5, 2009. 

Section 165.941(a)(34) Safety zone; 

Port Austin Fireworks, Port Austin, MI. 

This regulation will be effective from 10 

p.m. July 4, 2009 to 10:30 p.m. on July 

5, 2009. This regulation will be enforced 

from 10 p.m. until 10:30 p.m. on July 4, 

2009. In the event of inclement weather, 

this regulation will be enforced from 10 

p.m. until 10:30 p.m. on July 5, 2009. 

Section 165.941(a)(8) Safety zone; 

Harrisville Fireworks, Harrisville, MI. 

This regulation will be effective from 10 

p.m. July 4, 2009 to 11 p.m. on July 5, 

2009. This regulation will be enforced 

from 10 p.m. until 11 p.m. on July 4, 

2009. In the event of inclement weather, 

this regulation will be enforced from 10 

p.m. until 11 p.m. on July 5, 2009. 

Section 165.941(a)(38) Safety zone; 

Algonac Pickerel Tournament 

Fireworks, Algonac, MI. This regulation 

will be effective from 10 p.m. July 4, 

2009 to 10:30 p.m. on July 5, 2009. This 

regulation will be enforced from 10 p.m. 

until 10:30 p.m. on July 4, 2009. In the 

event of inclement weather, this 

regulation will be enforced from 10 p.m. 

until 10:30 p.m. on July 5, 2009. 

Section 165.941(a)(36) Safety zone; 

Grosse Pointe Farms Fireworks, Grosse 

Pointe Farms, MI. This regulation will 

be effective from 10 p.m. July 4, 2009 to 

10:30 p.m. on July 5, 2009. This 

regulation will be enforced from 10 p.m. 

until 10:30 p.m. on July 4, 2009. In the 

event of inclement weather, this 

regulation will be enforced from 10 p.m. 

until 10:30 p.m. on July 5, 2009. 

Section 165.941(a)(23) Safety zone; 

Red, White and Blues Bang Fireworks, 

Huron, OH. This regulation is effective 

and will be enforced from 10 p.m. until 

11 p.m. on July 4, 2009. 

Section 165.941(a)(46) Safety zone; 

Trenton Fireworks, Trenton, MI. This 

regulation will be effective from 10 p.m. 

July 4, 2009 to 11 p.m. on July 5, 2009. 

This regulation will be enforced from 10 

p.m. until 11 p.m. on July 4, 2009. In the 

event of inclement weather, this 

regulation will be enforced from 10 p.m. 

until 11 p.m. on July 5, 2009. 

Section 165.941(a)(45) Safety zone; 

Grosse Isle Yacht Club Fireworks, 

Grosse Isle, MI. This regulation will be 

effective from 9 p.m. July 4, 2009 to 11 

p.m. on July 5, 2009. This regulation 

will be enforced from 9 p.m. until 11 

p.m. on July 4, 2009. In the event of 

inclement weather, this regulation will 

be enforced from 9 p.m. until 11 p.m. 

on July 5, 2009. 

Section 165.941(a)(3) Safety zone; Au 

Gres City Fireworks, Au Gres, MI. This 

regulation is effective and will be 

enforced from 10 p.m. until 11 p.m. on 

July 4, 2009. 

Section 165.941(a)(21) Safety zone; 

Lakeside July 4th Fireworks, Lakeside, 

OH. This regulation will be effective 

from 9:30 p.m. July 4, 2009 to 10:30 

p.m. on July 5, 2009. This regulation 

will be enforced from 9:30 p.m. until 

10:30 p.m. on July 4, 2009. In the event 

of inclement weather, this regulation 

will be enforced from 9:30 p.m. until 

10:30 p.m. on July 5, 2009. 

Section 165.941(a)(6) Safety zone; 

Put-in-Bay Fourth of July Fireworks, Putin-Bay, OH. This regulation will be 

effective from 10 p.m. July 4, 2009 to 11 

p.m. on July 5, 2009. This regulation 

will be enforced from 10 p.m. until 11 

p.m. on July 4, 2009. In the event of 

inclement weather, this regulation will 

be enforced from 10 p.m. until 11 p.m. 

on July 5, 2009. 

Section 165.941(a)(17) Safety zone; 

Luna Pier Fireworks, Luna Pier, MI. This 

regulation is effective and will be 

enforced from 10 p.m. until 11 p.m. on 

July 4, 2009. 

Section 165.941(a)(48) Safety zone; 

Tawas City 4th of July Fireworks, Tawas, 

MI. This regulation will be effective 

from 9:30 p.m. July 4, 2009 to 10:30 

p.m. on July 5, 2009. This regulation 

will be enforced from 9:30 p.m. until 

10:30 p.m. on July 4, 2009. In the event 

of inclement weather, this regulation 

will be enforced from 9:30 p.m. until 

10:30 p.m. on July 5, 2009. 

Section 165.941(a)(24) Safety zone; 

Ecorse Water Festival Fireworks, Ecorse, 

MI. This regulation will be effective 

from 9:30 p.m. July 4, 2009 to 10:30 

p.m. on July 5, 2009. This regulation 

will be enforced from 9:30 p.m. until 

10:30 p.m. on July 4, 2009. In the event 

of inclement weather, this regulation 

will be enforced from 9:30 p.m. until 

10:30 p.m. on July 5, 2009. 

Section 165.941(a)(24) Safety zone; 

Huron Riverfest Fireworks, Huron, OH. 

This regulation will be effective from 10 

p.m. July 10, 2009 to 11 p.m. on July 11, 

2009. This regulation will be enforced 

from 10 p.m. until 11 p.m. on July 10, 


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35126 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 

2009. In the event of inclement weather, 

this regulation will be enforced from 10 

p.m. until 11 p.m. on July 11, 2009. 

Section 165.941(a)(9) Safety zone; 

Harbor Beach Fireworks, Harbor Beach, 

MI. This regulation will be effective 

from 10 p.m. July 11, 2009 to 11 p.m. 

on July 12, 2009. This regulation will be 

enforced from 10 p.m. until 11 p.m. on 

July 11, 2009. In the event of inclement 

weather, this regulation will be enforced 

from 10 p.m. until 11 p.m. on July 12, 

2009. 

Section 165.941(a)(10) Safety zone; 

Trenton Rotary Roar on the River 

Fireworks, Trenton, MI. This regulation 

is effective and will be enforced from 10 

p.m. until 11 p.m. on July 25, 2009. 

Under the provisions of 33 CFR 

165.20, entry into, transiting, or 

anchoring within these safety zones is 

prohibited unless authorized by the 

Captain of the Port Detroit or his 

designated representative. Vessels that 

wish to transit through the safety zones 

may request permission from the 

Captain of the Port Detroit. Requests 

must be made in advance and approved 

by the Captain of the Port before transits 

will be authorized. Approvals will be 

granted on a case by case basis. The 

Captain of the Port may be contacted via 

U.S. Coast Guard Sector Detroit on 

channel 16, VHF–FM. The Coast Guard 

will give notice to the public via a 

Broadcast to Mariners that the 

regulation is in effect. 

This notice is issued under authority 

of 33 CFR 165.20 and 5 U.S.C. 552(a). 

If the District Commander, Captain of 

the Port, or other official authorized to 

do so, determines that the regulated area 

need not be enforced for the full 

duration stated in this notice, he or she 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

safety zone. 

Dated: July 1, 2009. 

F.M. Midgette, 

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

Port Detroit. 

[FR Doc. E9–17100 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–8932–5] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final notice of deletion of 

the Central Wood Preserving Company 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) region 6 is publishing a 

direct final notice of deletion of the 

Central Wood Preserving Company 

Superfund Site (Site), located in East 

Feliciana Parish, Louisiana, 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 deletion is being published by EPA 

with the concurrence of the State of 

Louisiana; through the Louisiana 

Department of Environmental Quality 

because EPA has determined that all 

appropriate response actions under 

CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion will be 

effective September 18, 2009 unless 

EPA receives adverse comments by 

August 19, 2009. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the 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–2009–0466, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: stankosky.laura@epa.gov. 

• Fax: (214) 665–6660. 

• Mail: Laura Stankosky, Remedial 

Project Manager (RPM) (6SF–RL), U.S. 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733, telephone (214) 

665–7525. 

• 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, 


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