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44252 Federal Register / Vol. 71, No.

150 / Friday, August 4, 2006 / Proposed Rules

Technical Standards Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. ENVIRONMENTAL PROTECTION


Chapter 701; 50 U.S.C. 191, 195; 33 CFR AGENCY
The National Technology Transfer 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
and Advancement Act (NTTAA) (15 107–295, 116 Stat. 2064; Department of 40 CFR Parts 122 and 412
U.S.C. 272 note) directs agencies to use Homeland Security Delegation No. 0170.1.
voluntary consensus standards in their [EPA–HQ–OW–2005–0037; FRL–8206–2]
regulatory activities unless the agency 2. A new § 165.927 is added to read RIN 2040–AE80
provides Congress, through the Office of as follows:
Management and Budget, with an Extension of Public Comment Period
explanation of why using these § 165.927 Safety Zone; St. Louis River, for the National Pollutant Discharge
standards would be inconsistent with Duluth/Interlake Tar Remediation Site,
Elimination System (NPDES) Permit
Duluth, MN.
applicable law or otherwise impractical. Regulation and Effluent Limitation
Voluntary consensus standards are (a) Location: The following area is a Guidelines for Concentrated Animal
technical standards (e.g., specifications safety zone: All waters of Stryker Bay Feeding Operations in Response to
of materials, performance, design, or and Hallett Slips 6 & 7 which are Waterkeeper Decision Proposed Rule
operation; test methods; sampling located north of a boundary line
procedure; and related management AGENCY: Environmental Protection
delineated by the following points:
system practices) that are developed or Agency (EPA).
From the shoreline at 46°43′10.00″ N,
adopted by voluntary consensus 092°10′31.66″ W, then south to ACTION: Proposed rule; extension of the
standards bodies. 46°43′06.24″ N, 092°10′31.66″ W, then public comment period.
This proposed rule does not use east to 46°43′06.24″ N, 092°09′41.76″ W, SUMMARY: On Friday, June 30, 2006, the
technical standards. Therefore, we did then north to the shoreline at Environmental Protection Agency
not consider the use of voluntary 46°43′10.04″ N, 092°09′41.76″ W. published a proposed rule entitled
consensus standards. [Datum NAD 83]. ‘‘Revised National Pollutant Discharge
Environment (b) Regulations. Elimination System Permit Regulations
(1) In accordance with the general and Effluent Limitation Guidelines for
We have analyzed this proposed rule
regulations in § 165.23 of this part, entry Concentrated Animal Feeding
under Commandant Instruction
into, transiting, or anchoring within this Operations in Response to Waterkeeper
M16475.lD and Department of
safety zone is prohibited unless Decision Proposed Rule.’’ As initially
Homeland Security Management
authorized by the Captain of the Port published in the Federal Register on
Directive 5100.1, which guides the
Duluth, or his designated on-scene June 30, 2006, written comments on the
Coast Guard in complying with the
representative. proposed rulemaking were to be
National Environmental Policy Act of
submitted to EPA on or before August
1969 (NEPA) (42 U.S.C. 4321–4370f), (2) This safety zone is closed to all 14, 2006 (a 45-day public comment
and have made a preliminary vessel traffic, except as may be period). Since publication, EPA has
determination that there are no factors permitted by the Captain of the Port received several requests for additional
in this case that would limit the use of Duluth or his designated on-scene time to submit comments. Therefore, the
a categorical exclusion under section representative. public comment period is being
2.B.2 of the Instruction. Therefore, we
(3) The ‘‘designated on-scene extended for 15 days and will now end
believe that this rule should be
representative’’ of the Captain of the on August 29, 2006.
categorically excluded, under figure 2–
Port is any Coast Guard commissioned, DATES: Comments must be received on
1, paragraph (34)(g), of the Instruction,
warrant or petty officer who has been or before August 29, 2006.
from further environmental
designated by the Captain of the Port to ADDRESSES: Submit your comments,
documentation. This event establishes a
act on his behalf. The designated on- identified by Docket ID No. EPA–HQ–
safety zone therefore paragraph (34)(g)
scene representative of the Captain of OW–2005–0037 by one of the following
of the Instruction applies.
the Port will be aboard either a Coast methods:
A preliminary ‘‘Environmental Guard or Coast Guard Auxiliary vessel.
Analysis Check List’’ is available in the (1) Federal eRulemaking Portal:
The Captain of the Port or his &fnl;http://www.regulations.gov. Follow
docket where indicated under designated on-scene representative may
ADDRESSES. Comments on this section the on-line instructions for submitting
be contacted by calling Coast Guard comments. EPA prefers to receive
will be considered before we make the Marine Safety Unit Duluth at (218) 720–
final decision on whether the rule comments submitted electronically.
5286. (2) E-mail: ow–docket@epa.gov,
should be categorically excluded from
further environmental review. (4) Vessel operators desiring to enter Attention Docket ID No. EPA–HQ–OW–
or operate within the safety zone shall 2005–0037.
List of Subjects in 33 CFR Part 165 contact the Captain of the Port Duluth (3) Mail: Send the original and three
Harbors, Marine safety, Navigation to obtain permission to do so. Vessel copies of your comments to: Water
(water), Reporting and recordkeeping operators given permission to enter or Docket, Environmental Protection
requirements, Security measures, operate in the safety zone shall comply Agency, Mailcode 4203M, 1200
Waterways. with all directions given to them by the Pennsylvania Ave., NW., Washington,
Captain of the Port Duluth or his DC 20460, Attention Docket ID No.
For the reasons discussed in the
designated on-scene representative. EPA–HQ–OW–2005–0037.
preamble, the Coast Guard proposes to (4) Hand Delivery: Deliver your
gechino on PROD1PC61 with PROPOSALS

amend 33 CFR part 165 as follows: Dated: July 25, 2006.


comments to: EPA Docket Center, EPA
G.T. Croot, West, Room B102, 1301 Constitution
PART 165—REGULATED NAVIGATION
Commander, U.S. Coast Guard, Captain of Avenue, NW., Washington, DC,
AREAS AND LIMITED ACCESS AREAS the Port Duluth. Attention: Docket ID No. EPA–HQ–OW–
1. The authority citation for part 165 [FR Doc. E6–12661 Filed 8–3–06; 8:45 am] 2005–0037. Such deliveries are only
continues to read as follows: BILLING CODE 4910–15–P accepted during the Docket’s normal

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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Proposed Rules 44253

hours of operation and special disk or CD–ROM you submit. If EPA Note: The EPA Docket Center suffered
arrangements should be made. cannot read your comment due to damage due to flooding during the last week
Instructions: Direct your comments to technical difficulties and cannot contact of June 2006. The Docket Center is
Docket ID No. EPA–HQ–OW–2005– you for clarification, EPA may not be continuing to operate. However, during the
0037. EPA’s policy is that all comments able to consider your comment. cleanup, there will be temporary changes to
received will be included in the public Electronic files should avoid the use of Docket Center telephone numbers, addresses,
docket without change and may be special characters, any form of and hours of operation for people who wish
made available online at http:// to make hand deliveries or visit the Public
encryption, and be free of any defects or
Reading Room to view documents. Consult
www.regulations.gov, including any viruses. EPA’s Federal Register notice at 71 FR 38147
personal information provided, unless Docket: All documents in the docket
(July 5, 2006) or the EPA Web site at http:
the comment includes information are listed in the Regulations index at //www.epa.gov/epahome/dockets.htm for
claimed to be Confidential Business http://www.regulations.gov/. Although current information on docket operations,
Information (CBI) or other information listed in the index, some information is locations and telephone numbers. The
whose disclosure is restricted by statute. not publicly available, i.e., CBI or other Docket Center’s mailing address for U.S. mail
Do not submit information that you information whose disclosure is and the procedure for submitting comments
consider to be CBI or otherwise restricted by statute. Certain other to http://www.regulations.gov are not affected
protected through regulations.gov or e- material, such as copyrighted material, by the flooding and will remain the same.
mail. The Federal regulations.gov Web is not placed on the Internet and will be
sites are ‘‘anonymous access’’ systems, publicly available only in hard copy FOR FURTHER INFORMATION CONTACT: For
which means EPA will not know your form. Publicly available docket additional information contact Kawana
identity or contact information unless materials are available either Cohen, Water Permits Division, Office of
you provide it in the body of your electronically at http:// Wastewater Management (4203M),
comment. If you send an e-mail www.regulations.gov or in hard copy at Environmental Protection Agency, 1200
comment directly to EPA without going the Water Docket in the EPA Docket Pennsylvania Ave., NW., Washington,
through regulations.gov, your e-mail Center, EPA West, Room B102, 1301 DC 20460; telephone number: 202–564–
address will be automatically captured Constitution Ave., NW., Washington, 2435, e-mail address:
and included as part of the comment DC. The Public Reading Room is open cohen.kawana@epa.gov.
that is placed in the public docket and from 8:30 a.m. to 4:30 p.m., Monday
Dated: July 31, 2006.
made available on the Internet. If you through Friday, excluding legal
submit an electronic comment, EPA holidays. The telephone number for the Benjamin H. Grumbles,
recommends that you include your Public Reading Room is (202) 566–1744, Assistant Administrator, Office of Water.
name and other contact information in and the telephone number for the Water [FR Doc. E6–12626 Filed 8–3–06; 8:45 am]
the body of your comment and with any Docket is (202) 566–2426. BILLING CODE 6560–50–P
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