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Federal Register / Vol. 70, No.

120 / Thursday, June 23, 2005 / Proposed Rules 36363

List of Subjects in 30 CFR Part 902 SUPPLEMENTARY INFORMATION: regulations be similar to Department of
Intergovernmental relations, Surface Transportation regulations for LNG
Public Participation and Request for
mining, Underground mining. spills on land, contained in 49 CFR
Comments
193.2057 (Thermal radiation protection)
Dated: May 18, 2005. We encourage you to submit and 193.2059 (Flammable vapor-gas
Allen D. Klein, comments and related material on the dispersion protection).
Director, Western Region. petition for rulemaking. All comments In our original notice, we provided a
[FR Doc. 05–12439 Filed 6–22–05; 8:45 am] received will be posted, without change, public comment period that ended
BILLING CODE 4310–05–P
to http://dms.dot.gov and will include February 1, 2005. Near the end of that
any personal information you have comment period, we received a letter
provided. We have an agreement with from the Attorney General of Rhode
DEPARTMENT OF HOMELAND the Department of Transportation (DOT) Island that read in part: ‘‘* * * I wish
SECURITY to use the Docket Management Facility. to emphasize that my office is waiting
Please see DOT’s ‘‘Privacy Act’’ for the completion of a Threat Analysis
Coast Guard paragraph below. * * *. I am formally requesting that the
Submitting comments: If you submit a public comment period in this docket
33 CFR Chapter I comment, please include your name and remain open for an additional sixty (60)
address, identify the docket number for days to allow for consideration of [that]
[USCG–2004–19615] this notice (USCG–2004–19615), and report.’’ In response to that request, on
give the reason for each comment. You March 10, 2005, the Coast Guard
Exclusion Zones for Marine LNG Spills may submit your comments and published the notice reopening the
AGENCY: Coast Guard, DHS. material by electronic means, mail, fax, comment period (70 FR 11912).
ACTION: Reopening of comment period. or delivery to the Docket Management The Coast Guard has since been
Facility at the address under ADDRESSES; informed that the report, ‘‘LNG
SUMMARY: In response to a request from but please submit your comments and Facilities in Urban Areas’’ was not
the public, the Coast Guard is once material by only one means. If you released until May 9, 2005—the day the
again reopening the public comment submit them by mail or delivery, submit docket was scheduled to close. On May
period on a petition from the City of Fall them in an unbound format, no larger 24, 2005, the report was filed in the
River, Massachusetts. Fall River’s than 81⁄2 by 11 inches, suitable for docket: Clark Report, Item 76 in docket
petition asks the Coast Guard to copying and electronic filing. If you USCG–2005–19615.
promulgate regulations establishing submit them by mail and would like to The Coast Guard was requested to
thermal and vapor dispersion exclusion know that they reached the Facility, reopen the comment period again, so
zones for marine spills of liquefied please enclose a stamped, self-addressed that the report may be reviewed and
natural gas, similar to Department of postcard or envelope. We will consider comments on it may be submitted to the
Transportation regulations for such all comments and material received docket. In response to this request, the
spills on land. during the comment period. Coast Guard is reopening the comment
DATES: Comments and related material Viewing the comments: To view the
period.
must reach the Docket Management comments, go to http://dms.dot.gov at
The public is invited to review the
Facility on or before August 22, 2005. any time and conduct a simple search
referenced report and other material
using the docket number. You may also
ADDRESSES: You may submit comments contained in the docket and to submit
visit the Docket Management Facility in
identified by Coast Guard docket relevant comments by August 22, 2005.
room PL–401 on the Plaza level of the
number USCG–2004–19615 to the The Coast Guard will consider the City’s
Nassif Building, 400 Seventh Street,
Docket Management Facility at the U.S. petition, any comments received from
SW., Washington, DC, between 9 a.m.
Department of Transportation. To avoid the public, and other information to
and 5 p.m., Monday through Friday,
duplication, please use only one of the determine whether or not to initiate the
except Federal holidays.
following methods: Privacy Act: Anyone can search the requested rulemaking.
(1) Web site: http://dms.dot.gov. Dated: June 13, 2005.
electronic form of all comments
(2) Mail: Docket Management Facility,
received into any of our dockets by the Howard L. Hime,
U.S. Department of Transportation, 400
name of the individual submitting the Acting Director of Standards, Marine Safety,
Seventh Street, SW., Washington, DC
comment (or signing the comment, if Security & Environmental Protection.
20590–0001.
submitted on behalf of an association, [FR Doc. 05–12399 Filed 6–22–05; 8:45 am]
(3) Fax: 202–493–2251.
(4) Delivery: Room PL–401 on the business, labor union, etc.). You may BILLING CODE 4910–15–P

Plaza level of the Nassif Building, 400 review the Department of


Seventh Street, SW., Washington, DC, Transportation’s Privacy Act Statement
between 9 a.m. and 5 p.m., Monday in the Federal Register published on
April 11, 2000 (65 FR 19477), or you DEPARTMENT OF DEFENSE
through Friday, except Federal holidays.
The telephone number is 202–366– may visit http://dms.dot.gov. Department of the Army, Corps of
9329. Background and Purpose Engineers
FOR FURTHER INFORMATION CONTACT: If As we stated in the original notice
you have questions on this notice, call and request for public comments (69 FR 33 CFR Part 334
Commander John Cushing at 202–267– 63979, Nov. 3, 2004), the City of Fall United States Marine Corps Restricted
1043 or e-mail River, Massachusetts, has petitioned the Area; Broad River and Beaufort River
JCushing@comdt.uscg.mil. If you have Coast Guard to promulgate regulations and tributaries, Marine Corps Recruit
questions on viewing or submitting establishing thermal and vapor Depot, Parris Island, South Carolina
material to the docket, call Andrea M. dispersion exclusion zone requirements
Jenkins, Program Manager, Docket for liquefied natural gas (LNG) spills on AGENCY: United States Army Corps of
Operations, telephone 202–366–0271. water. The City asks that these Engineers, DoD.

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36364 Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules

ACTION:Notice of proposed rulemaking preliminary review indicates that this PART 334—DANGER ZONE AND
and request for comments. request is not contrary to the public RESTRICTED AREA REGULATIONS
interest.
SUMMARY: The Corps of Engineers is 1. The authority citation for part 334
proposing regulations to establish a Procedural Requirements continues to read as follows:
restricted area around the Marine Corps a. Review Under Executive Order 12866 Authority: 40 Stat. 266 (33 U.S.C. 1) and
Recruit Depot (MCRD), Parris Island, 40 Stat. 892 (33 U.S.C. 3).
South Carolina including areas within This proposed rule is issued with 2. Add § 334.485 to read as follows:
the Broad River, the Beaufort River, respect to a military function of the
Battery Creek, Archers Creek, Ballast Defense Department and the provisions § 334.485 Broad River and Beaufort River
Creek and Ribbon Creek in the vicinity of Executive Order 12866 do not apply. and tributaries surrounding Marine Corps
Recruit Depot, Parris Island, South
of the Marine Corps Recruit Depot, b. Review Under the Regulatory Carolina.
Parris Island, South Carolina. The Flexibility Act
MCRD restricted area will surround (a) The areas. (1) The area of waters
Parris Island and Horse Island and the within a 220 yard radius of the guarded
These proposed rules have been
causeways in between. The purpose of check station entrance (latitude
reviewed under the Regulatory
these regulations is to provide effective 32°22′29.5″ and longitude 80°43′0.5″) to
Flexibility Act (Pub. L. 96–354), which
security in the vicinity of the Marine the Marine Corps Recruit Depot, to
requires the preparation of a regulatory
Corps Recruit Depot. include waters of Battery Creek.
flexibility analysis for any regulation
(2) Beginning at the point where the
DATES: Written comments must be that will have a significant economic
radius of area (1) intersects with
submitted on or before July 25, 2005. impact on a substantial number of small
Malecon Drive, latitude 32°22′24″ and
ADDRESSES: Written comments should entities (i.e., small businesses and small
longitude 80°42′59″, for a waterward
be sent to the U.S. Army Corps of governments). The Corps expects that
distance of 200 yards from each side of
Engineers, Attn: CECW–MVD (David B. the economic impact of the
Malecon Drive causeway that connects
Olson), 441 G Street NW., Washington, establishment of this restricted area
Port Royal Island to Horse Island.
DC 20314–1000, or by e-mail to would have practically no impact on the (3) All portions of Archers Creek,
david.b.olson@usace.army.mil. public, no anticipated navigational beginning at the Malecon Drive bridge
Electronic comments should be hazard or interference with existing crossing, latitude 32°21′42″ and
submitted in ASCII format or portable waterway traffic and accordingly, longitude 80°42′47″, and traversing in a
document format to ensure that those certifies that this proposal, if adopted, southwesterly direction to its western
comments can be read. Electronic files will have no significant economic end confluence with the Broad River,
should avoid the use of special impact on small entities. latitude 32°21′00″ and longitude
characters and any form of encryption, c. Review Under the National 80°44′20″, thence traversing in a
and be free of any defects or viruses. Environmental Policy Act southeasterly direction within the Broad
Consideration will be given to all River to include the following
comments received within 30 days of An environmental assessment has coordinates:
the date of publication of this notice. been prepared for this action. We have
FOR FURTHER INFORMATION CONTACT: Mr. concluded, based on the minor nature of Latitude Longitude
David Olson, U.S. Army Corps of the proposed additional restricted area
Engineers, Headquarters, Washington, regulations, that this action, if adopted, 32°20′40″ .................. 80°43′55″
will not have a significant impact to the 32°20′17″ .................. 80°43′27″
DC at 202–761–4922, or Mr. Dean
quality of the human environment, and 32°19′55″ .................. 80°43′17″
Herndon, U.S. Army Corps of Engineers, 32°19′33″ .................. 80°42′53″
Charleston District, at (843) 329–8044. preparation of an environmental impact
32°19′7″ .................... 80°42′34″
SUPPLEMENTARY INFORMATION: Pursuant
statement is not required. The 32°18′44″ .................. 80°42′16″
to its authorities in Section 7 of the environmental assessment may be 32°18′29″ .................. 80°42′01″
Rivers and Harbors Act of 1917 (40 Stat reviewed at the district office listed at 32°18′06″ .................. 80°41′35″
266; 33 U.S.C. 1) and Chapter XIX, of the end of FOR FURTHER INFORMATION 32°17′54″ .................. 80°41′10″
CONTACT, above. 32°17′42″ .................. 80°40′33″
the Army Appropriations Act of 1919
(40 Stat 892; 33 U.S.C. 3) the Corps d. Unfunded Mandates Act
proposes to establish a restricted area to the Broad River’s confluence with the
around the Marine Corps Recruit Depot, This proposed rule does not impose Beaufort River at latitude 32°17′28″ and
Parris Island by adding § 334.485 to 33 an enforceable duty among the private longitude 80°40′00″. Thence traversing
CFR part 334. The sections of the sector and, therefore, is not a Federal in a northerly direction within the
restricted area are described in detail in private sector mandate and is not Beaufort River to include the following
the regulation below. Except for the subject to the requirements of Section coordinates:
restricted area published at 33 CFR 202 or 205 of the Unfunded Mandates
334.480 (restricted areas for the rifle and Act. We have also found under Section Latitude Longitude
pistol range), the public currently has 203 of the Act, that small governments
will not be significantly and uniquely 32°18′00″ .................. 80°39′50″
unrestricted access to navigable waters 32°18′27″ .................. 80°39′40″
adjacent to the Marine Corps Recruit affected by this rulemaking.
32°18′57″ .................. 80°39′36″
Depot, Parris Island. The Commanding List of Subjects in 33 CFR Part 334 32°19′26″ .................. 80°39′37″
General, Marine Corps Recruit Depot, 32°19′58″ .................. 80°39′38″
Parris Island is seeking authorization Danger zones, Navigation (water), 32°20′21″ .................. 80°39′40″
from the Corps of Engineers to establish Marine safety, Restricted areas, 32°20′52″ .................. 80°39′57″
restricted areas in waters of the United Waterways. 32°21′04″ .................. 80°40′09″
32°21′17″ .................. 80°40′21″
States adjacent to the Marine Corps For the reasons set out in the
32°21′35″ .................. 80°40′35″
Recruit Depot, Parris Island, South preamble, the Corps proposes to amend 32°21′48″ .................. 80°40′54″
Carolina. The District Engineer’s 33 CFR part 334 as follows:

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Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Proposed Rules 36365

to the Beaufort River’s confluence with Dated: June 18, 2005. materials which the EPA used in
the eastern end of Archers Creek at Michael B. White, evaluating the revision at the following
latitude 32°22′03″ and longitude Chief, Operations, Directorate of Civil Works. two locations: (i) EPA Region 1 Library,
80°41′20″. Then traversing in a westerly [FR Doc. 05–12461 Filed 6–22–05; 8:45 am] One Congress Street—11th Floor,
direction to encompass all of Archers BILLING CODE 3710–92–P
Boston, MA 02114–2023; business hours
Creek and ending at the Malecon Drive Monday through Thursday 10 a.m.–3
bridge crossing, latitude 32°21′42″ and p.m., tel: (617) 918–1990; and (ii) the
longitude 80°42′47″. ENVIRONMENTAL PROTECTION Agency of Natural Resources, Vermont
AGENCY Department of Environmental
(4) All other tidal tributaries and
Conservation, Waste Management
waters located within the interior of
40 CFR Part 271 Division, 103 South Main Street—West
Parris Island and encompassed by
Office Building, Waterbury, Vermont,
Archers Creek to the north, the Broad [FRL–7926–9] 05671–0404, tel: (802) 241–3888.
River to the west and the Beaufort River
Maine: Proposed Authorization of Business Hours: 7:45 a.m. to 4:30 p.m.,
to the east, to include, but not limited Monday through Friday.
to, Ribbon Creek beginning at its State Hazardous Waste Management
Program Revisions FOR FURTHER INFORMATION CONTACT:
confluence with the Broad River,
latitude 32°20′22″ and longitude Sharon Leitch at the above address and
AGENCY: Environmental Protection phone number.
80°43′20″, Ballast Creek beginning at its Agency (EPA).
confluence with the Broad River, SUPPLEMENTARY INFORMATION: For
ACTION: Proposed rule. additional information, please see the
latitude 32°19′30″ and longitude
80°42′29″ and ending at its confluence SUMMARY: Vermont has applied to EPA immediate final rule published in the
with the Beaufort River, latitude for Final authorization of changes to its ‘‘Rules and Regulations’’ section of this
32°20′17″ and longitude 80°39′50″ and hazardous waste program under the Federal Register.
Whale Branch in its entirety, beginning Resource Conservation and Recovery Dated: June 3, 2005.
at its confluence with the Broad River, Act (RCRA). EPA proposes to grant final Ira Leighton,
latitude 32°18′48″ and longitude authorization to Vermont. In the ‘‘Rules Acting Regional Administrator, EPA New
80°41′57″. and Regulations’’ section of this Federal England.
(b) The regulations. (1) In the interest Register, EPA is authorizing these [FR Doc. 05–12453 Filed 6–22–05; 8:45 am]
of national security, vessels and other changes by an immediate final rule. EPA BILLING CODE 6560–50–P
watercraft may be restricted from using did not make a proposal prior to the
immediate final rule because we believe
any or all of the areas described in
this action is not controversial and do DEPARTMENT OF TRANSPORTATION
paragraph (a) of this section at any time
not expect adverse comments that
when deemed necessary and
oppose it. We have explained the Pipeline and Hazardous Materials
appropriately noticed by the
reasons for this authorization in the Safety Administration
Commanding General (CG), Marine
preamble to the immediate final rule.
Corps Recruit Depot, Parris Island, Unless we get written adverse
unless prior approval has otherwise 49 CFR Parts 107, 171, 172, 173, 178,
comments which oppose this and 180
been obtained from the CG. authorization during the comment
(2) When not deemed necessary, the period, the immediate final rule will [Docket No. RSPA–2005–17463 (HM–220E)]
public shall have unrestricted access become effective on the date it RIN 2137–AD91
and use of the waters described in establishes, and we will not take further
paragraph (a) of this section. action on this proposal. If we get Hazardous Materials: Requirements for
(3) All restricted areas will be marked comments that oppose this action, we Cylinders; Extension of Comment
with suitable warning signs. will withdraw the immediate final rule Period
and it will not take effect. We will then
(4) It is understood that none of the AGENCY: Pipeline and Hazardous
respond to public comments in a later
restrictions in this section will apply to Materials Safety Administration
final rule based on this proposal. You
properly marked Federal vessels (PHMSA), Department of Transportation
may not have another opportunity for
performing official duties. (DOT).
comment. If you want to comment on
(5) It is further understood that this action, you should do so at this ACTION: Notice of proposed rulemaking
unauthorized personnel will not take time. (NPRM); extension of comment period.
photographs from within the restricted DATES: Send your written comments by SUMMARY: PHMSA is extending until
areas described in paragraph (a) of this July 25, 2005. September 6, 2005, the period for
section. ADDRESSES: Send written comments to interested persons to submit comments
(c) Enforcement: This section shall be Sharon Leitch, Hazardous Waste Unit, on the March 9, 2005 notice of proposed
enforced by the Commanding General, EPA Region 1, One Congress Street, rulemaking. In the March 9, 2005
Marine Corps Recruit Depot, Parris Suite 1100 (CHW), Boston, MA 02114– NPRM, we proposed to amend the
Island, or persons or agencies as he/she 2023; tel: (617) 918–1647. Comments Hazardous Materials Regulations to
may authorize including any Federal also may be submitted electronically or adopt standards for the design,
agency, State, local or county law through hand delivery/courier; please construction, maintenance and use of
enforcement agency, or private security follow the detailed instructions in the cylinders and multiple-element gas
firm in the employment of the Depot, so ADDRESSES section of the immediate containers (MEGCs) based on the
long as the entity undertaking to enforce final rule which is located in the standards contained in the United
this restricted area has the legal ‘‘Rules’’ section of this Federal Register. Nations (UN) Recommendations on the
authority to do so under the appropriate You can examine copies of the State of Transport of Dangerous Goods. Aligning
Federal, State, or local laws. Vermont’s revision application and the the HMR with the UN

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