1352 Federal Register / Vol. 67, No. 7 / Thursday, January 10, 2002 / Notices
C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, List of Subjects Comments? please consult the person identified Environmental protection, Pesticides You may submit comments through under FOR FURTHER INFORMATION and pest. CONTACT. the mail, in person, or electronically. To Dated: December 26,2001. ensure proper receipt by EPA, it is E. What Should I Consider as I Prepare Janet L. Andersen, imperative that you identify docket My Comments for EPA? Director, Biopesticides and Pollution control number OPP–30519 in the You may find the following Prevention Division, Office of Pesticide subject line on the first page of your Programs. response. suggestions helpful for preparing your comments: [FR Doc. 02–630 Filed 1–9–02; 8:45 am] 1. By mail. Submit your comments to: BILLING CODE 6560–50–S Public Information and Records 1. Explain your views as clearly as Integrity Branch (PIRIB), Information possible. Resources and Services Division 2. Describe any assumptions that you ENVIRONMENTAL PROTECTION (7502C), Office of Pesticide Programs used. AGENCY (OPP), Environmental Protection 3. Provide copies of any technical Agency, 1200 Pennsylvania Ave., NW., information and/or data you used that [FRL–7127–7] support your views. Washington, DC 20460. Maryland State Prohibition on 2. In person or by courier. Deliver 4. If you estimate potential burden or costs, explain how you arrived at the Discharges of Vessel Sewage; Final your comments to: Public Information Affirmative Determination and Records Integrity Branch (PIRIB), estimate that you provide. Information Resources and Services 5. Provide specific examples to AGENCY: Environmental Protection Division (7502C), Office of Pesticide illustrate your concerns. Agency (EPA). Programs (OPP), Environmental 6. Offer alternative ways to improve ACTION: Notice. Protection Agency, Rm. 119, Crystal the registration activity. Mall #2, 1921 Jefferson Davis Highway, 7. Make sure to submit your SUMMARY: Notice is hereby given that Arlington, VA. The PIRIB is open from comments by the deadline in this the Regional Administrator, 8:30 a.m. to 4 p.m., Monday through notice. Environmental Protection Agency (EPA) Friday, excluding legal holidays. The 8. To ensure proper receipt by EPA, Region III has affirmatively determined, PIRIB telephone number is (703) 305– be sure to identify the docket control pursuant to section 312(f) of Public Law 5805. number assigned to this action in the 92–500, as amended by Public Law 95– 3. Electronically. You may submit subject line on the first page of your 217 and Public Law 100–4 (the Clean your comments electronically by e-mail response. You may also provide the Water Act), that adequate facilities for to: [email protected], or you can name, date, and Federal Register the safe and sanitary removal and submit a computer disk as described citation. treatment of sewage from all vessels are above. Do not submit any information reasonably available for the navigable II. Registration Applications electronically that you consider to be waters of Herring Bay, Anne Arundel CBI. Avoid the use of special characters EPA received applications as follows County, and the northern Coastal Bays and any form of encryption. Electronic to register pesticide products containing (Ocean City Inlet, Ocean City submissions will be accepted in active ingredients not included in any commercial fish harbor (Swordfish WordPerfect 6.1/8.0 or ASCII file previously registered products pursuant Basin), Isle of Wight Bay and format. All comments in electronic form to the provision of section 3(c)(4) of Assawoman Bay), Worcester County, must be identified by docket control FIFRA. Notice of receipt of these Maryland. Maryland will completely number OPP–30519. Electronic applications does not imply a decision prohibit the discharge of sewage, comments may also be filed online at by the Agency on the applications. whether treated or not, from any vessel many Federal Depository Libraries. in Herring Bay and in the northern Products Containing Active Ingredients Coastal Bays. D. How Should I Handle CBI that I Want Not Included in Any Previously FOR FURTHER INFORMATION CONTACT: to Submit to the Agency? Registered Products Edward Ambrogio, U.S. Environmental Do not submit any information 1. File symbol number: 72994-E. Protection Agency, Region III, Office of electronically that you consider to be Applicant: Gard Products, Inc., 250 Ecological Assessment and CBI. You may claim information that Williams Road, Carpentersville, IL Management, 1650 Arch Street, you submit to EPA in response to this 60110. Product name: Silgard. Product Philadelphia, PA 19103. Telephone: document as CBI by marking any part or type: Plant growth regulator. Active (215) 814–2758. Fax: (215) 814–2782. E- all of that information as CBI. ingredient: Contains 0.35% of the new mail: [email protected]. Information so marked will not be active ingredient sodium silver SUPPLEMENTARY INFORMATION: These disclosed except in accordance with thiosulfate. Proposed classification/Use: petitions were made jointly by the procedures set forth in 40 CFR part 2. For use as protector from ethylene Maryland Department of the In addition to one complete version of effects on cut flowers. Environment (MDE) and the Maryland the comment that includes any 2. File symbol number: 72994-R. Department of Natural Resources information claimed as CBI, a copy of Applicant: Same as above. Product (MDNR). Upon publication of this the comment that does not contain the name: Silgard Technical. Product type: affirmative determination, Maryland information claimed as CBI must be Plant growth regulator. Active will completely prohibit the discharge submitted for inclusion in the public ingredient: Contains 0.35% of the new of sewage, whether treated or not, from version of the official record. active ingredient sodium silver any vessel in Herring Bay and in the Information not marked confidential thiosulfate. Proposed classification/Use: northern Coastal Bays (Ocean City Inlet, will be included in the public version For manufacturing use of end use Ocean City commercial fish harbor of the official record without prior products to be used to inhibit the effects (Swordfish Basin), Isle of Wight Bay and notice. If you have any questions about of ethylene on cut flowers. Assawoman Bay) in accordance with
VerDate 11
section 312(f)(3) of the Clean Water Act and the sewage from Rose Haven empty portable toilets. The marina’s and 40 CFR 140.4(a). Notice of the currently goes to the Chesapeake Beach sewage disposal hours of operation Receipt of Petition and Tentative Wastewater Treatment Plant. are 8:00 am–6:00 pm seven days per Determination was published in the Information submitted in the week. Federal Register on October 17, 2001 application states that there are a total Herrington Harbour North is a 670-slip (66 FR 52763, Oct. 17, 2001). Comments of nine pumpout facilities currently in marina located at the junction of on the tentative determination were Herring Bay, of which eight provide Rockhold Creek and Tracy Creek in accepted during the 30-day comment portable toilet disposal through the use northern Herring Bay. The marina has period which closed on November 16, of a wand attachment to the pumpout a fixed pumpout installation which is 2001. No comments were received. The hose. Eight of the nine pumpout located on the T head of ‘‘D’’ Dock remainder of this Notice summarizes the facilities currently available to the and it also has a portable pumpout location of the no discharge zone, the general public are located at six that is used for pumpouts throughout available pumpout facilities and related marinas. Each of the six marinas is a the marina. Both pumpouts utilize information. privately owned facility that used Clean wand attachments to empty portable Herring Bay Vessel Act (75%) and state funds (25%) toilets. The marina’s sewage disposal to install their pumpouts. Each facility hours of operation are 9:00 am–5:00 The Herring Bay no discharge zone that is open to the general public is pm seven days per week. (NDZ) is a 3,145-acre area of water limited to charging no more than $5.00 Herrington Harbour South is a 650-slip located along the western shore of the per pumpout. One of the nine pumpouts marina located on Rose Haven Harbor Chesapeake Bay in southern Anne is located at a 61-slip marina and is only in southern Herring Bay. The marina Arundel County. The area includes available to slipholders. To provide a has a fixed pumpout installation Rockhold, Tracy, and Parker Creeks on conservative estimate of pumpout which is located on the fuel dock the north and Rose Haven Harbor on the availability, this private pumpout was (‘‘D’’ Dock) and it also has a pumpout south. The NDZ includes tidal waters not included in the application’s boat that travels throughout the west of the following: beginning on calculations. Also not included were marina pumping out both slip holders Holland Point at or near 38°43′34.9″N ° ′ ″ two additional marinas that have and transient vessels. Both pumpouts latitude/76 31 37.3 W longitude, then applied for grant funding to install utilize wand attachments to empty running in a northerly direction to Crab ° ′ ″ pumpouts which should become portable toilets. The marina’s sewage Pile A at or near 38 46 33.0 N latitude/ operational during the 2001 boating disposal hours of operation are 24 76°32′10.1″ W longitude, then running season. For the purposes of this hours daily (self-serve) seven days per to a point on the north shore of Parkers application, therefore, there are a total week, staffed 8:00 am–6:00 pm seven Creek at or near 38°46′39.1″N latitude/ of eight pumpouts in Herring Bay, of days per week between May 31 and 76°32′10.8″W longitude. The Herring Bay watershed is which seven provide portable toilet September 7. approximately 25 square miles. disposal. Maryland’s boating season is Sherman’s Marina is a 26-slip facility Although traditionally a farming area, generally considered to be from April 15 located on Rockhold Creek north of several residential communities are to November 15, with very little the Deale Road bridge. The marina located within the watershed including recreational boating activity occurring has a fixed pumpout installation some that are located along the in the winter. For the few boats in which is located on the ‘‘B’’ dock. The shoreline. Herring Bay is also a very Herring Bay that may need to be marina’s sewage disposal hours of popular recreational boating area and is pumped out in the off-season, both of operation are during daylight hours home to 16 marinas containing 2,090 Herrington Harbour North’s pumpouts seven days per week. slips. and one of Herrington Harbour South’s Shipwright Harbor is a 250-slip facility Long-term pollution problems that pumpouts are open throughout the year. located at the mouth of Rockhold have impacted Herring Bay include The other pumpouts are open during the Creek in northern Herring Bay. The failing septic systems, discharge from a boating season only. For those marinas marina has a fixed pumpout private sewage treatment plant, and with wand attachments (all facilities installation which is located near the runoff from farm and other lands. With except Sherman’s), portable toilets may travel lift. A wand attachment is used the number of marinas in the area, be emptied whenever the pumpouts are to empty portable toilets. The recreational boating is also a concern. open. Details of these facilities’ location, marina’s sewage disposal hours of The potential for bacterial availability and hours of operation are operation are 9:00 am–5:00 pm seven contamination from all sources of as follows: days per week. pollution, including boat sewage, has Gates Marine Services is an 88-slip Under Maryland law (Natural resulted in the on-going closure of the facility located on Rockhold Creek Resources Article § 8–707), each grant oyster beds, however, recent water north of the Deale Road bridge. The funded pumpout project must be quality data does not show consistent marina has a trailer mounted approved by MDE. The MDE, in turn, high levels of fecal coliform in the area. pumpout installation located at the consults with the local health/ Currently, there are no public or travel lift. A wand attachment is used permitting authority to ensure that the private sewage treatment plants that to empty portable toilets. The proposed pumpout and sewage disposal impact Herring Bay. Although the marina’s sewage disposal hours of method is in compliance with all Broadwater Wastewater Treatment Plant operation are 8:00 am–4:30 pm applicable Federal and state laws. All is north of Herring Bay and the Monday through Friday, 8:00 am–4 six of the marinas in Herring Bay that Chesapeake Beach Wastewater pm Saturday and Sunday. have pumpouts open to the public, used Treatment Plant is south of Herring Bay, Harbor Cove Marina is a 78-slip facility grant funding to obtain their pumpouts neither plant’s discharges affect Herring located on Rockhold Creek north of (a total of eight pumpout facilities). All Bay. Until very recently, there had, the Deale Road bridge. The marina of these projects were approved by MDE however, been a private treatment plant has a fixed pumpout installation upon the recommendation of the Anne at Rose Haven which discharged into which is located at the gas dock (‘‘C’’ Arundel County Department of Utilities. Herring Bay. That plant is now closed dock). A wand attachment is used to All six marinas discharge to either the
VerDate 11
Chesapeake Beach Wastewater City commercial fish harbor (Swordfish the northern Coastal Bays, of which five Treatment Plant, or to the Broadwater Basin), defined by 38°19′37.0″N provide portable toilet disposal through Wastewater Treatment Plant via either a latitude/75°06′ 6.0″W longitude; then the use of a wand attachment to the direct connection, or by a licensed running approximately 110° (true) to a pumpout hose or at dump stations. septage hauler. point at or near the shore at the Eight of the nine pumpout facilities that The MDNR maintains records on the northwest tip of Assateague Island, are available to the general public, as number and size of vessels registered defined by 38°19′32.0″N latitude/ well as all facilities that provide and documented in Maryland’s waters. 75°05′49.0″W longitude; and, Maryland- portable toilet disposal are located at six In an attempt to estimate transient Delaware Line—south of the Maryland- marinas. Each of the six marinas is a vessels in the area, a representative of Delaware line beginning at a point at or privately owned facility; four used the two largest marinas in Herring Bay near the east side of Assawoman Bay, Clean Vessel Act (75%) and state funds was contacted and asked to estimate defined by 38°27′4.5″N latitude/ (25%) to install their pumpouts. These how many transient vessels, by size, are 75°04′11.2″W longitude; then running four marinas are limited to charging no typically in Herring Bay on a typical approximately 270° (true) to a point at more than $5.00 per pumpout. One of high-volume day during the boating or near the west side of Assawoman the nine pumpouts is located at a season. Included in the number of Bay, defined by 38°27′4.4″N latitude/ marina that is only available to registered vessels are charter boats 75°05′9.3″W longitude. slipholders. To provide a conservative generally used for fishing. From this The Maryland Coastal Bays are estimate of pumpout availability, this information, the vessel population of comprised of five large tidal bays private pumpout was not included in Herring Bay based on length is 638 (Assawoman, Isle of Wight, Sinepuxent, the application’s calculations. Also not vessels less than16 feet, 906 vessels Newport, and Chincoteague) that are included was one additional marina that between 16 and 26 feet, 1,111 vessels bounded by two barrier islands applied for grant funding to install a between 26 and 40 feet, and 158 vessels (Fenwick and Assateague). The drainage pumpout which should become over 40 feet. Based on the number and basin feeding into the watershed is operational during the 2002 boating size of boats, and using various methods 117,939 acres and is characterized by season. For the purposes of this to estimate the number of on-board poor flushing ability due to two narrow application, therefore, there are a total holding tanks and portable toilets, it inlets. The land surrounding the of eight pumpouts in the northern was determined that Herring Bay needs northern Coastal Bays (Ocean City Inlet, Coastal Bays, of which five provide a total of five pumpouts and one dump Ocean City commercial fish harbor portable toilet disposal via a wand station. As described above, Herring Bay (Swordfish Basin), Isle of Wight Bay and attachment or a dump station. is currently served by eight operational Assawoman Bay) is primarily Maryland’s boating season is generally pumpouts, of which seven provide agriculture, forested or marsh but also considered to be from April 15 to portable toilet disposal. Additionally, includes the largest percentage of November 15, with very little two other marinas (Paradise Marina and developed land surrounding all five recreational boating activity occurring Rockhold Creek Marina) are actively Coastal Bays (Ocean Pines and Ocean in the winter. For the few boats in the participating in the pumpout grant City). The population of Worcester northern Coastal Bays that may need to program and should complete their County is expected to increase be pumped out in the off-season, installations by the start of the next significantly over the next 10 years and Advanced Marina’s pumpout is open boating season in early 2002. reach 50,000 before the year 2010. throughout the year. The other Currently, Worcester County is the Northern Coastal Bays pumpouts are generally open during the second fastest growing county in the boating season only. Details of these The proposed northern Coastal Bays state. no discharge zone (NDZ) was initially In 1996 the MDE listed the northern facilities’ location, availability and described to include all tidal waters Coastal Bays (specifically Assawoman hours of operation are as follows: north of the Ocean City Inlet, including and Isle of Wight) on the Clean Water Advanced Marina is a 60-slip marina Isle of Wight Bay and Assawoman Bay, Act Section 303(d) impaired waters list located at 66th St., Ocean City on Isle defined by the points 38°19′23.83″N as a priority area for excessive nutrients, of Wight Bay. The marina has a latitude/75°5′14.36″W longitude to low dissolved oxygen, and elevated portable pumpout unit and potty 38°19′35.77″N latitude/75°06′27.68″W fecal coliform counts. MDE is currently wand attachment for emptying longitude, to the Delaware state line. in the process of having a Total portable toilets. The marina’s sewage Based upon a reevaluation of the spacial Maximum Daily Load (TMDL) model disposal hours of operation are coordinates by MDNR, this NDZ has calculated for the above listed 8:00am–8:00pm seven days per week, been slightly expanded and now substances. The St. Martin’s River, a all year. includes the waters of the Ocean City large freshwater tributary leading to the Harbour Island Marina is a 110-slip Inlet, Ocean City commercial fish harbor Isle of Wight Bay, along with Herring marina located at 14th St., Ocean City (Swordfish Basin), Isle of Wight Bay and and Turville Creeks are currently listed on Isle of Wight Bay. The marina has Assawoman Bay, defined as follows: as ‘‘restricted for shellfish harvest’’ by one fixed pumpout unit at the Ocean City Inlet—west of a line MDE as well. entrance to the marina and one potty beginning at a point at or near the east There is one wastewater treatment wand attachment for emptying end of the north Ocean City Inlet jetty, plant, located within the residential portable toilets. The marina’s sewage defined by 38°19′27.0″N latitude/75° community of Ocean Pines, that disposal hours of operation are 05′5.5″W longitude; then running discharges treated effluent into the Isle 6:00am–8:00pm seven days per week, approximately 248° (true) to a point at of Wight Bay. The Ocean City from May through September. or near the east end of the south Ocean Wastewater Treatment Plant in Ocean Ocean City Fishing Center is a 240-slip City Inlet jetty, defined by 38°19′20.7″N City discharges treated effluent several marina located near the Route 50 latitude/75°05′24.9″W longitude; and, miles offshore into the Atlantic Ocean. bridge in West Ocean City on the Isle Sinepuxent Bay—north of a line Information submitted in the of Wight Bay. The marina has one beginning at a point at or near the shore application states that there are a total fixed pumpout unit located next to of the southeast entrance of the Ocean of nine pumpout facilities currently in the marina office. The marina’s
VerDate 11
sewage disposal hours of operation Fisheries Department, was used to PLACE: 999 E Street, NW., Washington, are 5:00am–8:00pm seven days per determine types and sizes of boats using DC. week, from May through September. the waters on a peak day in-season. STATUS: This meeting will be closed to Ocean Pines Marina is an 86-slip marina Finally, a land survey was conducted the public. located near the Route 90 bridge in where MDNR employees surveyed ITEMS TO BE DISCUSSED: Ocean Pines on the St. Martins River. Coastal Bay vessel usage on a typical Compliance matters pursuant to 2 The marina has one fixed pumpout day during the season. All of these U.S.C. § 437g. located at the end of pier A. The methods were employed to come up Audits conducted pursuant to 2 marina’s sewage disposal hours of with a best estimate for transient usage. U.S.C. § 437g, § 438(b), and Title 26, operation are 8:00am–6:00pm It was estimated, using the above U.S.C. Monday through Friday, 7:00am– techniques, that Ocean City/northern Matters concerning participation in 7:00pm Saturday and 7:00am–6:00pm Coastal Bays have approximately 10,000 civil actions or proceedings or Sunday, from May through October. wet slips. It was also assumed that the arbitration. Sunset Marina is a 204-slip marina transient boat population mirrored the Internal personnel rules and located at the Ocean City Inlet in West resident population as far as relative procedures or matters affecting a Ocean City on Isle of Wight Bay. The percent of the size and numbers of particular employee. marina has one fixed pumpout with boats. Based on this information the two remote stands, each at the end of vessel population of the northern DATE & TIME: Thursday, January 17, 2002 successive piers, one portable unit Coastal Bays based on length is 2,800 at 10:00 a.m. with potty wand attachment for vessels less than 16 feet, 6,600 vessels PLACE: 999 E Street, NW., Washington, emptying portable toilets, and one between 16 and 26 feet, 600 vessels DC (Ninth Floor). dump station on the bulkhead. The between 26 and 40 feet, and 100 vessels STATUS: This meeting will be open to the marina’s sewage disposal hours of over 40 feet. Based on the number and public. operation are 9:00am–5:00pm seven size of boats, and using various methods ITEMS TO BE DISCUSSED: days per week, from May through to estimate the number of holding tanks Correction and Approval of Minutes. September. and portable toilets, it was determined Revised Draft Advisory Opinion Townes of Nantucket II is a 92-slip that the northern Coastal Bays need 2001–17: DNC Services Corporation/ marina located at Nantucket Point three pumpouts and five dump stations. Democratic National Committee by near the Delaware state line in Ocean There are currently eight operating counsel, Neil Reiff. City on Assawoman Bay. The marina pumpouts and one proposed pumpout Draft Advisory Opinion 2001–18: has one fixed pumpout and one dump in the northern Coastal Bays along with BellSouth Corporation by counsel, Jan station for portable toilets, both two dump stations and three pumpouts Witold Baran. located at the ‘‘A’’ bulkhead. The equipped to empty portable toilets Draft Advisory Opinion 2001–19: marina’s sewage disposal hours of making a total of five portable toilet Oakland Democratic Campaign operation are 24 hours a day, seven waste facilities. There is also one Committee by Gary Kohut, Chair. days per week, from April through proposed pumpout that would accept Administrative matters. October. portable toilets by the start of the next PERSON TO CONTACT FOR INFORMATION: Marinas participating in the Maryland boating season in early 2002. Mr. Ron Harris, Press Officer, Pumpout Program are required by law Finding Telephone: (202) 694–1220. (Natural Resources Article § 8–707) to have an approved method of sewage The EPA hereby makes a final Mary W. Dove, disposal as determined by MDE and affirmative determination that adequate Secretary of the Commission. local (county or municipal) health facilities for the safe and sanitary [FR Doc. 02–776 Filed 1–8–02; 2:32 am] removal and treatment of sewage from inspectors. Four of the six marinas BILLING CODE 6715–01–M participated in the Maryland Pumpout all vessels are reasonably available for Program, and therefore are in Herring Bay, Anne Arundel County, Maryland, and the northern Coastal compliance with state and Federal laws. FEDERAL EMERGENCY Bays (Ocean City Inlet, Ocean City Information about the removal of MANAGEMENT AGENCY pumpout waste from the other two commercial fish harbor (Swordfish marinas was obtained through marina Basin), Isle of Wight Bay and Federal Policy on Use of Potassium surveys. Of the six marinas described Assawoman Bay), Worcester County, Iodide (KI) above, five discharge to the Ocean City Maryland. This final determination will AGENCY: Wastewater Treatment Plant; the result in a Maryland state prohibition of Federal Emergency remaining marina discharges to the any sewage discharges, whether treated Management Agency (FEMA). Ocean Pines Wastewater Treatment or not, from vessels into Herring Bay ACTION: Notice of revised Federal policy. Plant. and the northern Coastal Bays. SUMMARY: The Federal Radiological The MDNR maintains records of all Donald S. Welsh, Preparedness Coordinating Committee documented and registered boats in the Regional Administrator, Region III. (FRPCC) has revised the 1985 Federal state. In order to estimate the number of [FR Doc. 02–627 Filed 1–9–02; 8:45 am] policy regarding the use of potassium transient boaters, several methods were BILLING CODE 6560–50–P iodide (KI) as a thyroidal blocking agent employed. First a marina survey was by emergency workers, institutionalized conducted where marina owners were persons and the general public in the asked to estimate the percentage of FEDERAL ELECTION COMMISSION vicinity of nuclear power plants. This transient boaters that utilize their policy is for use by State 1 and local facility and the northern Coastal Bays. Sunshine Act Meeting Second, information collected from a 1 Consistent with FEMA initiative 4.0–4.4, 1999 aerial survey of the northern DATE & TIME: Tuesday, January 15, 2002 Include Native American Tribal Nations in the REP Coastal Bays, conducted by the MDNR at 10:00 a.m. Continued
VerDate 11