Request for Amendment of Designation Prohibiting Discharges of Dredged or Fill Material to the Bayou aux Carpes Clean Water Act Section 404(c) Site, Louisiana, 2072-2073 [E9-690]
Download as PDF
<![CDATA[
2072
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2008–0650; FRL–8398–6]
Petition for Rulemaking Requesting
EPA Regulate Nanoscale Silver
Products as Pesticides; Extension of
Comment Period
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice; extension of comment
period.
List of Subjects
Environmental protection,
Nanotechnology, Pesticides and pests.
SUMMARY: EPA issued a notice in the
Federal Register of November 19, 2008,
concerning a petition for rulemaking
and collateral relief filed by the
International Center for Technology
Assessment (ICTA) and others. In
general, the petition requests that the
Agency classify nanoscale silver as a
pesticide, require formal pesticide
registration of all products containing
nanoscale silver, analyze the potential
human health and environmental risks
of nanoscale silver, take regulatory
actions under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)
against existing products that contain
nanoscale silver, and take other
regulatory actions under FIFRA as
appropriate for nanoscale silver
products. This document extends the
comment period for 60 days from
January 20, 2009 to March 20, 2009.
DATES: Comments, identified by docket
identification (ID) number EPA–HQ–
OPP–2008–0650, must be received on or
before March 20, 2009.
ADDRESSES: Follow the detailed
instructions as provided under
ADDRESSES in the Federal Register
document of November 19, 2008 (73 FR
69644).
FOR FURTHER INFORMATION CONTACT:
Nathanael R. Martin, Field and External
Affairs Division (7506P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: 703-305-6475;
e-mail address:
martin.nathanael@epa.gov.
This
document extends the public comment
period established in a notice that was
published in the Federal Register of
November 19, 2008 (73 FR 69644) (FRL–
8386–4). In that document, the Agency
made the petition submitted by ICTA et
al., available for review and asked for
public comment on the same. On
December 12, 2008, EPA received a
request from ICTA to extend the
comment period on the petition. EPA is
hereby extending the comment period,
sroberts on PROD1PC70 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
21:01 Jan 13, 2009
Jkt 217001
which was set to end on January 20,
2009, to March 20, 2009.
To submit comments, or access the
public docket, please follow the detailed
instructions as provided under
ADDRESSES in the November 19, 2008
Federal Register document. If you have
questions, consult the person listed
under FOR FURTHER INFORMATION
CONTACT.
Dated: January 8, 2009.
Martha Monell,
Acting Director, Office of Pesticide Programs.
[FR Doc. E9–622 Filed 1–13–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8762–2]
Request for Amendment of
Designation Prohibiting Discharges of
Dredged or Fill Material to the Bayou
aux Carpes Clean Water Act Section
404(c) Site, Louisiana
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of Public Hearing and
Request for Comments.
SUMMARY: In 1985, EPA prohibited the
discharge of dredged or fill material to
wetlands in the Bayou aux Carpes
Swamp pursuant to Section 404(c) of
the Clean Water Act (CWA). On
November 4, 2008, the New Orleans
District of the U.S. Army Corps of
Engineers (Corps) requested that EPA
modify that designation to
accommodate discharges to the Bayou
aux Carpes wetlands associated with
post-Katrina upgrades to the West Bank
and Vicinity Hurricane Protection Levee
system in Jefferson Parish, Louisiana.
EPA solicits written public comment on
that request and will hold a public
hearing for receipt of comments.
Public Hearing: The public hearing
will be held in the District Assembly
Room at the U.S. Army Corps of
Engineers New Orleans District office,
7400 Leake Avenue, New Orleans, LA
70118. The public hearing will
commence at 6 p.m. on February 11,
2009, and will end when all comments
have been received. During the hearing,
any member of the public may submit
written comments or present comments
verbally.
Public Comments: In addition to
providing comments at the public
hearing, written comments on the CWA
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
Section 404(c) modification request may
be submitted to EPA for 30 days
following the date of this notice.
Comments should be addressed to Ms.
Barbara Keeler (6WQ–EC), EPA Region
6, 1445 Ross Avenue, Dallas, TX 75202–
2733. All comments should directly
address whether the 1985 Bayou aux
Carpes CWA Section 404(c) EPA Final
Determination should be modified as
requested by the Corps.
FOR FURTHER INFORMATION CONTACT: For
information regarding this matter,
contact Ms. Barbara Keeler by phone at
(214) 665–6698 or by e-mail at
keeler.barbara@epa.gov. Copies of the
modification request and supporting
documentation are available online at:
https://www.nolaenvironmental.gov/
nola_public_data/projects/usace_levee/
docs/original/
ModificationLetterToEPA4Oct08.pdf.
Additional project information may be
found at: https://
www.nolaenvironmental.gov/projects/
usace_levee/IER.aspx?IERID=12.
SUPPLEMENTARY INFORMATION: The Bayou
aux Carpes CWA Section 404(c) site is
located approximately ten miles south
of New Orleans, Louisiana, on the West
Bank of Jefferson Parish. The site covers
approximately 3200 acres, including
about 3000 acres of wetlands subject to
federal jurisdiction under the CWA. The
area is bounded on the north by the
east-west Old Estelle Pumping Station
Outfall Canal, on the east by Bayou
Barataria (Gulf Intracoastal Waterway),
on the south by Bayou Barataria and
Bayou des Familles, and on the west by
State Highway 3134 and the ‘‘V-Levee.’’
Immediately across State Highway 3134
to the west of the site is the Barataria
Unit of Jean Lafitte National Historical
Park and Preserve.
Section 404(c) of the CWA authorizes
EPA to restrict or prohibit the use of a
wetland area as a disposal site for
dredged or fill material if the discharge
will have unacceptable adverse effects
on municipal water supplies, shellfish
beds and fishery areas (including
spawning and breeding areas), wildlife,
or recreational areas. EPA published a
CWA Section 404(c) Final
Determination prohibiting, with three
exceptions, future discharges of dredged
or fill material to wetlands in the Bayou
aux Carpes site at 50 FR 47267
(November 15, 1985). Since then, the
Agency has received two other requests
for modification.
In connection with initial
construction of the West Bank
Hurricane Protection Levee, the Corps
requested that EPA modify its CWA
Section 404(c) designation to allow
extension of the toe of the ‘‘V-Levee’’
E:\FR\FM\14JAN1.SGM
14JAN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices
into the protected Bayou aux Carpes
area. The Corps stated that such a
modification would result in significant
cost savings to the government and
would affect only a relatively small part
of the area protected by the Section
404(c) designation. EPA summarily
denied that request and in 1988 the
Corps modified the levee alignment to
avoid discharges to the Bayou aux
Carpes CWA Section 404(c) area.
In 1992, Shell Pipeline Corporation
requested that EPA amend the
designation to allow the discharge of
dredged and fill material to wetlands in
the Bayou aux Carpes CWA Section
404(c) area in connection with
emergency reconstruction of a leaking
pipeline. After notifying interested
parties of the request via Federal
Register publication and coordinating
with the Corps and other agencies, EPA
granted the request, publishing the
decision at 57 FR 3757 (January 31,
1992). EPA concluded that relocating
the pipeline to non-wetlands was
infeasible from the perspectives of
engineering and public safety, and that
the work would have only minimal and
temporary effects on the wetlands at
issue.
The request noticed today was
submitted by the Corps and is
associated with proposed improvements
to the West Bank and Vicinity Hurricane
Protection Levee system. By way of a
letter dated November 8, 2008, the
Corps requested that the designation be
modified to allow construction of an
earthen berm and floodwall in an area
disturbed by dredged material
discharges predating the 1985 404(c)
designation. The construction area is
located along the west bank of the Gulf
Intracoastal Waterway, or Bayou
Barataria, from its junction with the Old
Estelle Pumping Station Outfall Canal to
a point at which the Corps proposes to
construct a sector gate across the
Waterway. As described in the
modification request, the berm and
floodwall would be 14 to 16 feet high
and would occupy an area no greater
than 4,200 linear feet by 100 linear feet.
No more than ten acres of wetlands in
the Bayou aux Carpes CWA Section
404(c) site would be affected and other
design and construction features have
been incorporated to minimize impacts
to the wetlands.
The Corps is currently gathering
baseline data to evaluate potential
wetland mitigation options and other
project features to improve the existing
hydrology of the Bayou aux Carpes site.
The Corps has committed to
constructing those features if the
analyses indicate that they would be
ecologically beneficial. Discharges of
VerDate Nov<24>2008
21:01 Jan 13, 2009
Jkt 217001
dredged or fill material associated with
such construction would require no
additional modification to the CWA
Section 404(c) designation, which
contains an exception for approved
habitat enhancement projects.
Additional information on the Corps
project and its relationship to the Bayou
aux Carpes site may be found in the
alternative National Environmental
Policy Act document, known as
Individual Environmental Report #12
(IER #12), which is posted online at:
https://www.nolaenvironmental.gov/
projects/usace_levee/
IER.aspx?IERID=12.
The public hearing referenced above
will be jointly conducted by EPA Region
6 and the Corps. At the hearing, EPA
will receive comments on the Corps
request to EPA to modify the Bayou aux
Carpes CWA Section 404(c) designation
and the Corps will receive comments on
IER #12.
After considering all comments
submitted, EPA Region 6 will transmit
to the EPA Office of Water in
Washington, DC, a written
recommendation on whether the CWA
Section 404(c) modification request
should be granted or denied. The
Assistant Administrator for Water will
make the final decision and publish a
notice of its availability in the Federal
Register.
Dated: January 6, 2009.
Richard E. Greene,
Regional Administrator, EPA Region 6.
[FR Doc. E9–690 Filed 1–13–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission
for Extension Under Delegated
Authority, Comments Requested
January 8, 2009.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, 44 U.S.C. 3501–3520.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
2073
does not display a valid control number.
Comments are requested concerning (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before March 16, 2009.
If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, (202) 395–
5887, or via fax at 202–395–5167 or via
Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Judith-B.Herman@fcc.gov, Federal
Communications Commission, or an email to PRA@fcc.gov. To view a copy of
this information collection request (ICR)
submitted to OMB: (1) Go to the Web
page https://www.reginfo.gov/public/do/
PRAMain, (2) look for the section of the
Web page called ‘‘Currently Under
Review’’, (3) click on the downwardpointing arrow in the ‘‘Select Agency’’
box below the ‘‘Currently Under
Review’’ heading, (4) select ‘‘Federal
Communications Commission’’ from the
list of agencies presented in the ‘‘Select
Agency’’ box, (5) click the ‘‘Submit’’
button to the right of the ‘‘Select
Agency’’ box, and (6) when the list of
FCC ICRs currently under review
appears, look for the title of this ICR (or
its OMB Control Number, if there is one)
and then click on the ICR Reference
Number to view detailed information
about this ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information, contact Judith B.
Herman at 202–418–0214 or via the
Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0755.
Title: Sections 59.1 through 59.4,
Infrastructure Sharing.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2072-2073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-690]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8762-2]
Request for Amendment of Designation Prohibiting Discharges of
Dredged or Fill Material to the Bayou aux Carpes Clean Water Act
Section 404(c) Site, Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Public Hearing and Request for Comments.
-----------------------------------------------------------------------
SUMMARY: In 1985, EPA prohibited the discharge of dredged or fill
material to wetlands in the Bayou aux Carpes Swamp pursuant to Section
404(c) of the Clean Water Act (CWA). On November 4, 2008, the New
Orleans District of the U.S. Army Corps of Engineers (Corps) requested
that EPA modify that designation to accommodate discharges to the Bayou
aux Carpes wetlands associated with post-Katrina upgrades to the West
Bank and Vicinity Hurricane Protection Levee system in Jefferson
Parish, Louisiana. EPA solicits written public comment on that request
and will hold a public hearing for receipt of comments.
Public Hearing: The public hearing will be held in the District
Assembly Room at the U.S. Army Corps of Engineers New Orleans District
office, 7400 Leake Avenue, New Orleans, LA 70118. The public hearing
will commence at 6 p.m. on February 11, 2009, and will end when all
comments have been received. During the hearing, any member of the
public may submit written comments or present comments verbally.
Public Comments: In addition to providing comments at the public
hearing, written comments on the CWA Section 404(c) modification
request may be submitted to EPA for 30 days following the date of this
notice. Comments should be addressed to Ms. Barbara Keeler (6WQ-EC),
EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-2733. All comments
should directly address whether the 1985 Bayou aux Carpes CWA Section
404(c) EPA Final Determination should be modified as requested by the
Corps.
FOR FURTHER INFORMATION CONTACT: For information regarding this matter,
contact Ms. Barbara Keeler by phone at (214) 665-6698 or by e-mail at
keeler.barbara@epa.gov. Copies of the modification request and
supporting documentation are available online at: https://
www.nolaenvironmental.gov/nola_public_data/projects/usace_levee/
docs/original/ModificationLetterToEPA4Oct08.pdf. Additional project
information may be found at: https://www.nolaenvironmental.gov/projects/
usace_levee/IER.aspx?IERID=12.
SUPPLEMENTARY INFORMATION: The Bayou aux Carpes CWA Section 404(c) site
is located approximately ten miles south of New Orleans, Louisiana, on
the West Bank of Jefferson Parish. The site covers approximately 3200
acres, including about 3000 acres of wetlands subject to federal
jurisdiction under the CWA. The area is bounded on the north by the
east-west Old Estelle Pumping Station Outfall Canal, on the east by
Bayou Barataria (Gulf Intracoastal Waterway), on the south by Bayou
Barataria and Bayou des Familles, and on the west by State Highway 3134
and the ``V-Levee.'' Immediately across State Highway 3134 to the west
of the site is the Barataria Unit of Jean Lafitte National Historical
Park and Preserve.
Section 404(c) of the CWA authorizes EPA to restrict or prohibit
the use of a wetland area as a disposal site for dredged or fill
material if the discharge will have unacceptable adverse effects on
municipal water supplies, shellfish beds and fishery areas (including
spawning and breeding areas), wildlife, or recreational areas. EPA
published a CWA Section 404(c) Final Determination prohibiting, with
three exceptions, future discharges of dredged or fill material to
wetlands in the Bayou aux Carpes site at 50 FR 47267 (November 15,
1985). Since then, the Agency has received two other requests for
modification.
In connection with initial construction of the West Bank Hurricane
Protection Levee, the Corps requested that EPA modify its CWA Section
404(c) designation to allow extension of the toe of the ``V-Levee''
[[Page 2073]]
into the protected Bayou aux Carpes area. The Corps stated that such a
modification would result in significant cost savings to the government
and would affect only a relatively small part of the area protected by
the Section 404(c) designation. EPA summarily denied that request and
in 1988 the Corps modified the levee alignment to avoid discharges to
the Bayou aux Carpes CWA Section 404(c) area.
In 1992, Shell Pipeline Corporation requested that EPA amend the
designation to allow the discharge of dredged and fill material to
wetlands in the Bayou aux Carpes CWA Section 404(c) area in connection
with emergency reconstruction of a leaking pipeline. After notifying
interested parties of the request via Federal Register publication and
coordinating with the Corps and other agencies, EPA granted the
request, publishing the decision at 57 FR 3757 (January 31, 1992). EPA
concluded that relocating the pipeline to non-wetlands was infeasible
from the perspectives of engineering and public safety, and that the
work would have only minimal and temporary effects on the wetlands at
issue.
The request noticed today was submitted by the Corps and is
associated with proposed improvements to the West Bank and Vicinity
Hurricane Protection Levee system. By way of a letter dated November 8,
2008, the Corps requested that the designation be modified to allow
construction of an earthen berm and floodwall in an area disturbed by
dredged material discharges predating the 1985 404(c) designation. The
construction area is located along the west bank of the Gulf
Intracoastal Waterway, or Bayou Barataria, from its junction with the
Old Estelle Pumping Station Outfall Canal to a point at which the Corps
proposes to construct a sector gate across the Waterway. As described
in the modification request, the berm and floodwall would be 14 to 16
feet high and would occupy an area no greater than 4,200 linear feet by
100 linear feet. No more than ten acres of wetlands in the Bayou aux
Carpes CWA Section 404(c) site would be affected and other design and
construction features have been incorporated to minimize impacts to the
wetlands.
The Corps is currently gathering baseline data to evaluate
potential wetland mitigation options and other project features to
improve the existing hydrology of the Bayou aux Carpes site. The Corps
has committed to constructing those features if the analyses indicate
that they would be ecologically beneficial. Discharges of dredged or
fill material associated with such construction would require no
additional modification to the CWA Section 404(c) designation, which
contains an exception for approved habitat enhancement projects.
Additional information on the Corps project and its relationship to
the Bayou aux Carpes site may be found in the alternative National
Environmental Policy Act document, known as Individual Environmental
Report 12 (IER 12), which is posted online at: http:/
/www.nolaenvironmental.gov/projects/usace_levee/IER.aspx?IERID=12.
The public hearing referenced above will be jointly conducted by
EPA Region 6 and the Corps. At the hearing, EPA will receive comments
on the Corps request to EPA to modify the Bayou aux Carpes CWA Section
404(c) designation and the Corps will receive comments on IER
12.
After considering all comments submitted, EPA Region 6 will
transmit to the EPA Office of Water in Washington, DC, a written
recommendation on whether the CWA Section 404(c) modification request
should be granted or denied. The Assistant Administrator for Water will
make the final decision and publish a notice of its availability in the
Federal Register.
Dated: January 6, 2009.
Richard E. Greene,
Regional Administrator, EPA Region 6.
[FR Doc. E9-690 Filed 1-13-09; 8:45 am]
BILLING CODE 6560-50-P
