Proposed Rules. Notice of proposed rulemaking

Agency: Coast Guard, DHS
Action: Notice of proposed rulemaking
Citation: FR Doc. 06-4678 · RIN 1625-AA08 · CGD 11-06-004 · 33 CFR 100

Summary

The Coast Guard proposes to establish special local regulations in the navigable waters of the Sacramento River for a waterfront festival to be held on July 21 through July 23, 2006. The event includes boat racing, speed trials, water-skiing, and wakeboard competitions. The proposed special local regulations are intended to prohibit vessels and people from entering into or remaining within a regulated area in order to ensure the safety of participants and spectators.

Dates

Comments and related material must reach the Coast Guard on or before June 19, 2006.

Supplementary Information

Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking CGD 11-06-004, indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying. If you would like to know that your submission reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not plan to hold a public meeting at this time. But you may submit a request for a meeting by writing to the Waterways Safety Branch at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a separate notice in the Federal Register . Background and Purpose The Sacramento Convention and Visitors Bureau, is sponsoring a waterfront festival on July 21, 22, and 23, 2006 in the waters of the Sacramento River in Downtown Sacramento. The marine event includes boat racing, speed trials, water-skiing, and wakeboard competitions and is meant for entertainment purposes. The event name, “Bridge to Bridge Waterfront Festival”, references the center of the activity, which is located between the Tower Bridge and the I Street Bridge. In order to protect spectators, participants, vessels, and other property from the hazards associated with the high-speed vessel exhibitions that will be on display, we propose to establish special local regulations that will create a temporary regulated area around the event located on the Sacramento waterfront. Discussion of Rule The Coast Guard proposes to establish temporary special local regulations on all navigable waters of the Sacramento River in an area approximately four thousand yards long by two hundred yards wide, bounded by the following positions: 38° 35′49.0″ N, 121° 30′30.0″ W; thence to 38° 35′49.0″ N, 121° 30′23.0″ W; thence to 38° 33′40.0″ N, 121° 30′59.0″ W; thence to 38° 33′46.0″ N, 121° 31′11.0″ W; thence returning to the point of origin. These regulations will be in effect during boat races, speed trials, wakeboard competitions, and water-skiing events scheduled between 12 p.m. and 5 p.m. on July 21, between 9 a.m. and 5 p.m. on July 22, and between 9 a.m. and 4 p.m. on July 23, 2006. The effect these proposed temporary special local regulations will be to restrict general navigation in the Sacramento River extending from the mouth of the American River south to the entrance of the Miller Park Marina during scheduled events. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area during specified times. The Patrol Commander of the event will allow vessel traffic to pass through the event area from approximately 2 p.m. to 2:30 p.m. on July 21, 2006, and from 12 p.m. to 12:30 p.m. on July 22 and July 23, 2006. These regulations are needed to keep spectators and vessels a safe distance away from the waterfront festival during scheduled events in order to protect spectators, participants, vessels, and other property from the hazards associated with the high-speed vessel exhibitions that will be on display. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although these proposed special local regulations will restrict boating traffic within a portion of the Sacramento River, the effect of this proposed rule will not be significant as the regulated area will be short in duration, the Bridge to Bridge Waterfront Festival is meant for public entertainment, and access to pass through the area will be permitted each day during designated times. The entities most likely to be affected are pleasure craft engaged in recreational activities and sightseeing. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities for several reasons: (i) This proposed rule will encompass only a small portion of the waterway for a limited period of time, (ii) access to pass through the area will be permitted each day during designated times, and (iii) the maritime public will be advised in advance of these special local regulations via public notice to mariners. The small entities most likely to be affected by this proposed rule are owners and operators of pleasure craft engaged in recreational activities and sightseeing. If you think that your business, organization, or government jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (See ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance For Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking process. If the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions, options for compliance, or assistance in understanding this rule, please contact Petty Officer Brian Clark, U.S. Coast Guard Sector San Francisco, at (415) 399-3440. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. Taking of Private Property This proposed rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed 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 proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed 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 proposed 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 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 Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this proposed rule is categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade permit are specifically excluded from further analysis and documentation under those sections. A draft “Environmental Analysis Check List” and a draft “Categorical Exclusion Determination” (CED) will be available in the docket where indicated under ADDRESSES. Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233, Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 100.35-T11-088 to read as follows: § 100.35-T11-088 Sacramento River Bridge-to-Bridge Waterfront Festival, San Francisco Bay and Sacramento River, CA. (a) Regulated Area. A regulated area is established for all navigable waters of the Sacramento River in an area approximately four thousand yards long by two hundred yards wide, bounded by the following positions: 38° 35′49.0″ N, 121°30′30.0″ W; thence to 38°35′49.0″ N, 121°30′23.0″ W; thence to 38° 33′40.0″ N, 121°30′59.0″ W; thence to 38°33′46.0″ N, 121°31′11.0″ W; thence returning to the point of origin. This area includes the portion of the Sacramento River extending from the mouth of the American River south to the entrance of the Miller Park Marina. (b) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector San Francisco. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector San Francisco with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special Local Regulations. (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by an Official Patrol. (d) Enforcement Period. This section will be enforced from 12 p.m. to 5 p.m. on July 21, 9 a.m. to 5 p.m. on July 22, and from 9 a.m. to 4 p.m. on July 23, 2006. The Patrol Commander of the event will allow vessel traffic to pass through the event area from approximately 2 p.m. to 2:30 p.m. on July 21, 2006 and from 12 p.m. to 12:30 p.m. on July 22 and July 23, 2006. If the event concludes prior to the scheduled termination time, the Coast Guard will cease enforcement of the special local regulations and will announce that fact via Broadcast Notice to Mariners. Dated: April 30, 2006. J.A. Breckenridge, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. E6-7610 Filed 5-18-06; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD05-06-036] RIN 1625-AA08 Special Local Regulations for Marine Events; Chesapeake Bay, Cape Charles, VA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to establish special local regulations during the “East Coast Boat Racing Club power boat race”, a marine event to be held over the waters of the Chesapeake Bay adjacent to Cape Charles, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic on the Chesapeake Bay in the vicinity of Cape Charles Beach, Cape Charles, Virginia during the event. DATES: Comments and related material must reach the Coast Guard on or before June 19, 2006. ADDRESSES: You may mail comments and related material to Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, hand-deliver them to Room 119 at the same address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays, or fax them to (757) 398-6203. The Inspections and Investigations Branch, Fifth Coast Guard District, maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at the above address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Fifth Coast Guard District, Inspections and Investigations Branch, at (757) 398-6204. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD05-06-036), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the address listed under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register . Background and Purpose On August 5, 2006, the East Coast Boat Racing Club of New Jersey will sponsor a power boat race, on the waters of the Chesapeake Bay, Cape Charles, Virginia. The event will consist of approximately 20 New Jersey Speed Garveys and Jersey Speed Skiffs conducting high-speed competitive races along an oval race course in close proximity to Cape Charles Beach, Cape Charles, Virginia. A fleet of spectator vessels is expected to gather nearby to view the competition. Due to the need for vessel control during the event, vessel traffic will be temporarily restricted to provide for the safety of participants, spectators and transiting vessels. Discussion of Proposed Rule The Coast Guard proposes to establish temporary special local regulations on specified waters of the Piankatank River. The temporary special local regulations will be effective from 11:30 a.m. to 4:30 p.m. on August 5, 2006, with a rain date at the same time on August 6, 2006, and will restrict general navigation in the regulated area during the event. Except for participants and vessels authorized by the Coast Guard Patrol Commander, no person or vessel will be allowed to enter or remain in the regulated area. These regulations are needed to control vessel traffic during the event to enhance the safety of participants, spectators and transiting vessels. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although this regulation will prevent traffic from transiting a portion of the Chesapeake Bay during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notifications that will be made to the maritime community via the Local Notice to Mariners, marine information broadcasts, and area newspapers, so mariners can adjust their plans accordingly. Additionally, the regulated area has been narrowly tailored to impose the least impact on general navigation yet provide the level of safety deemed necessary. Vessel traffic will be able to transit the regulated area between heats, when the Coast Guard Patrol Commander deems it is safe to do so. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in this portion of the Chesapeake Bay adjacent to Cape Charles Beach during the event. This proposed rule would not have a significant economic impact on a substantial number of small entities for the following reasons. This proposed rule would be in effect for only a limited period. Vessel traffic will be able to transit the regulated area between heats, when the Coast Guard Patrol Commander deems it is safe to do so. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the address listed under ADDRESSES . The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed 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 proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 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 Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade permit are specifically excluded from further analysis and documentation under that section. Under figure 2-1, paragraph (34)(h), of the Instruction, an “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are not required for this rule. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—REGATTAS AND MARINE PARADES 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. 2. Add a temporary § 100.35-T05-036 to read as follows: § 100.35-T05-036 Chesapeake Bay, Cape Charles, Virginia (a) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Hampton Roads. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Hampton Roads with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the East Coast Boat Racing Club power boat race under the auspices of a Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Hampton Roads. (4) Regulated area includes the waters of the Chesapeake Bay, along the shoreline adjacent to Cape Charles, Virginia, to and including waters up to 300 yards offshore, parallel with the Cape Charles Beach shoreline in this area. The area is bounded on the south by a line running northwesterly from the Cape Charles shoreline at latitude 37°16′.2″ North, longitude 076°01′28.5″ West, to a point offshore approximately 300 yards at latitude 37°16′3.4″ North, longitude 076°01′36.6″ West, and bounded on the north by a line running northwesterly from the Cape Charles shoreline at latitude 37°16′26.2″ North, longitude 076°01′14″ West, to a point offshore approximately 300 yards at latitude 37°16′28.9″ North, longitude 076°01′24.1″ West. All coordinates reference Datum NAD 1983. (b) Special local regulations. (1) Except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by any Official Patrol. (iii) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. (c) Effective period. This section will be enforced from 11:30 a.m. to 4:30 p.m. on August 5, 2006. If the race is postponed due to weather, then the temporary special local regulations will be enforced during the same time period the next day, August 6, 2006. Dated: May 2, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6-7618 Filed 5-18-06; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 278 [EPA-HQ-RCRA-2006-0097; FRL-8171-9] RIN 2050-AG27 Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as “Chat”; Reopening the Comment Period AGENCY: Environmental Protection Agency. ACTION: Proposed rule; reopening of comment period. SUMMARY: The Environmental Protection Agency (EPA) is reopening the comment period for the proposed rule entitled “Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as ‘Chat'.” This proposal was published on April 4, 2006 (71 FR 16729), and the comment period ended on May 4, 2006. However, because a commenter has requested additional time to respond to the issues raised in the proposal, we are reopening the comment period to allow for an additional 30 day comment period. DATES: Comments may now be submitted until June 19, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-RCRA-2006-0097, by one of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: rcra-docket@epa.gov. • Fax: 202-566-0272. • Mail: send comments to RCRA Docket, (5305T), Attention Docket ID No. EPA-HQ-RCRA-2006-0097, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include two copies. We request that you also send a separate copy of the comment to the contact person listed below (see FOR FURTHER INFORMATION CONTACT ). • Hand Delivery: In person or by courier, deliver comments to: RCRA Docket, Attention Docket ID No. EPA-HQ-RCRA-2006-0097, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include two copies. We request that you also send a separate copy of the comment to the contact person listed below (see FOR FURTHER INFORMATION CONTACT ). Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-2006-0097. 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 the disclosure of which 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. Send or deliver information identified as CBI to only the following address: Ms. LaShan Haynes, RCRA Document Control Officer, EPA (Mail Code 5305W), Attention Docket ID No. EPA-HQ-RCRA-2006-0097, 1200 Pennsylvania Avenue, Washington, DC 20460. Clearly mark the part or all of the information that you claim to be CBI. 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. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. We also request that interested parties who would like information they previously submitted to EPA to be considered as part of this reconsideration action identify the relevant information by docket entry numbers and page numbers. FOR FURTHER INFORMATION CONTACT: Stephen Hoffman, Office of Solid Waste (5306W), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002, telephone (703) 308-8413, e-mail address hoffman.stephen@epa.gov. For more information on this rulemaking, please visit www.epa.gov/epaoswer/other/mining/chat/. SUPPLEMENTARY INFORMATION: The proposed rule that is the subject of this notice, and which was published in the Federal Register on April 4, 2006 (71 FR 16729), proposes mandatory criteria for the environmentally protective use of chat for transportation construction projects carried out in whole or in part with Federal funds, and a certification requirement. Chat used in transportation projects must be encapsulated in hot mix asphalt concrete or Portland cement concrete unless the use of chat is otherwise authorized by a State or Federal response action undertaken pursuant to applicable Federal or State environmental laws. In the proposal we are also recommending criteria as guidance on the environmentally protective use of chat in non-transportation cement and concrete projects. The comment period for the proposed rule ended on May, 4, 2006. However, a public commenter (the U.S. Public Interest Research Group (U.S. PIRG)) has requested that EPA extend the comment period by 60 days, noting that the additional time is needed to evaluate and comment intelligently on this important issue. This commenter also noted that they need additional time to consult with experts who understand not only the chemistry of encapsulating mine tailing, but also the different risks if the final rule allows use of the chat in non-highway activities. In addition, the commenter noted that the additional time is needed to coordinate so that, as much as possible, their comments reflect the expertise and views of a broad segment of their members. EPA believes the request for additional time is reasonable, however, we believe 30 additional days is adequate. The Agency believes an additional 30 days is adequate because this proposal is very narrow in scope and the technical background documents supporting this rule are not extensive. In addition, it should be noted that since the comment period closed on May 4th and the Agency is reopening the comment period, commenters, in fact, will have more than 30 days from the date that the comment period closed. Therefore, we are extending the comment period for this proposal until June 19, 2006. List of Subjects in 40 CFR Part 278 Environmental protection, Chat, Indians-lands, Mine tailings, Reporting and recordkeeping requirements, Waste. Dated: May 12, 2006. Matthew Hale, Director, Office of Solid Waste. [FR Doc. E6-7653 Filed 5-18-06; 8:45 am] BILLING CODE 6560-50-P 71 97 Friday, May 19, 2006 Notices AGENCY FOR INTERNATIONAL DEVELOPMENT Notice of Meeting Pursuant to the Federal Advisory Committee Act, notice is hereby given of a meeting of the Advisory Committee on Voluntary Foreign Aid (ACVFA). Date: Wednesday, June 7, 2006 (9 a.m. to 4 p.m.) Location: Cloyd Heck Marvin Center, Dorothy Betts Marvin Theater, George Washington University, 800 21st Street, NW., Washington, DC 20052. Please note that this is the anticipated agenda and is subject to change. Foreign Assistance Reforms: Ambassador Randall L. Tobias, Director of Foreign Assistance and USAID's Administrator, has been invited to give the keynote address on the role of U.S. foreign assistance in advancing the goals of the Secretary's “Transformational Diplomacy” strategy. Trade and Africa: Lloyd Pierson, USAID's Assistant Administrator for Africa, has been invited to brief the Committee on the concurrent AGOA Forum with particular attention to USAID's role as implementing partner and the impact of the trade hubs on African economic growth. HIV/AIDS: Recognizing the 25th anniversary of the first diagnosed case of HIV/AIDS, the Committee will receive an update on the President's Emergency Plan for AIDS Relief and the New Partners Initiative. In addition, testing and prevention as well as lessons learned from USAID partners will be discussed. Invited speakers include Dr. Mark Dybul, Acting U.S. Global AIDS Coordinator, and Dr. Timothy Flanigan, Chief of the Division of Infectious Diseases, Department of Medicine, Brown University. The meeting is free and open to the public. Persons wishing to attend the meeting can register online at http://www.usaid.gov/about_usaid/acvfa or contact Kristin Holland at kristin@websterconsulting.com or 202-237-0090 extension 10 or Jocelyn Rowe at jrowe@usaid.gov or 202-712-4002. Dated: May 15, 2006. Jocelyn M. Rowe, Executive Director, Advisory Committee on Voluntary Foreign Aid (ACVFA), U.S. Agency for International Development. [FR Doc. E6-7656 Filed 5-18-06; 8:45 am] BILLING CODE 6116-01-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request May 16, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), OIRA_Submission@OMB.EOP.GOV or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Grain Inspection, Packers & Stockyards Administration Title: Inspection Report—Insects in Grain. OMB Control Number: 0580-NEW. Summary of Collection: An agreement dated November 5, 1981, between the Grain Inspection, Packers & Stockyard Administration (GIPSA) and the Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine originally outlined procedures and responsibilities for the phytosanitary inspection and certification of export grain. The United States is a signatory of the International Plant Protection Convention of the Food and Agriculture Organization which requires a phytosanitary certificate to be issued for certain agricultural products. Official agencies and GIPSA are jointly responsible for providing official grading, inspection, and sampling services to aid in the efficient marketing of grain, grain by products, rice, and other graded commodities covered under the United States Grain Standards Act and the Agricultural Marketing Act in interstate and foreign commerce. Need and Use of the Information: When live adult insects, larvae, or other pests are found in export shipments, the type of pest (if identifiable), the rate of occurrence for each type of pest, the sublot number, and the hold number(s) carrier information shall be recorded on Form FGIS 921, Inspection Log (vessels), and Form FGIS 921-2, Inspection Report—Insects in Grain. All insect and other pests are identified by common name on the report, so that APHIS can issue a Federal Phytosanitary Certificate; or inform GIPSA and the exporter or their agent of the circumstances which prevent the issuance of a phytosanitary certificate. Description of Respondents: Business or other for-profit; Federal Government; State, Local or Tribal Government. Number of Respondents: 35. Frequency of Responses: Recordkeeping; Reporting: On occasion; Weekly; Monthly; Semi-annually; Annually. Total Burden Hours: 180. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E6-7645 Filed 5-18-06; 8:45 am] BILLING CODE 3410-KD-P DEPARTMENT OF AGRICULTURE Forest Services Opal Creek Scenic Recreation Area (SRA) Advisory Council AGENCY: Forest Service, USDA. ACTION: Notice of meeting. SUMMARY: An Opal Creek Scenic Recreation Area Advisory council meeting will convene in Stayton, Oregon on Wednesday June 7, 2006. The meeting is scheduled to begin at 6:30 p.m., and will conclude at approximately 8:30 p.m. The meeting will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis ont he management of the area. Tentative agenda items include advisory council focus session and subcommittee reports. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to the June 7th by sending them to Designated Federal Official Paul Matter at the address given below. For Further Information Contact: For more information regarding this meeting, contact Designated Federal Official Paul Matter; Willamette National Forest, Detroit Ranger District, HC 73 Box 320, Mill City, OR 97360; (503) 854-3366. Dated: May 12, 2006. Scott G. Fitzwilliams, Deputy Forest Supervisor. [FR Doc. 06-4678 Filed 5-18-06; 8:45 am]