Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Proposed Rules 80865 

TABLE TO § 165.171—Continued 

• Location: From the Waterfront Public Pier in Eastport, Maine at approximate position: 

44°54′17′′ N, 066°58′58′′ W (NAD 83). 

9.3 The Lobsterman Triathlon ................................................................ • Event Type: Swim Event. 

• Sponsor: Tri-Maine Productions. 

• Date: A one day swim event on Saturday during the second weekend of September. The specific calendar date upon which the listed 

event falls for each calendar year will be specified in the USCG District 1 Local Notice to Mariners. 

• Time: 8:00 am to 11:00 am. 

• Location: The regulated area includes all waters in the vicinity of 

Winslow Park in South Freeport, Maine within the following points 

(NAD 83): 

43°47′59′′ N, 070°06′56′′ W. 

43°47′44′′ N, 070°06′56′′ W. 

43°47′44′′ N, 070°07′27′′ W. 

43°47′57′′ N, 070°07′27′′ W. 

9.4 Burlington Triathlon .......................................................................... • Event Type: Swim Event. 

• Sponsor: Race Vermont. 

• Date: A one day swim event on Sunday during the second weekend 

of September. The specific calendar date upon which the listed 

event falls for each calendar year will be specified in the USCG District 1 Local Notice to Mariners. 

• Time: 7:00 am to 10:00 am. 

• Location: The regulated area includes all waters in the vicinity of 

North Beach, Burlington, Vermont within the following points (NAD 

83): 

44°29′31′′ N, 073°14′22′′ W. 

44°29′12′′ N, 073°14′14′′ W. 

44°29′17′′ N, 073°14′34′′ W. 

9.5 Eliot Festival Day Fireworks ............................................................ • Event Type: Fireworks Display. 

• Sponsor: Eliot Festival Day Committee. 

• Date: A one day event on Saturday during the fourth weekend of 

September. The specific calendar date upon which the listed event 

falls for each calendar year will be specified in the USCG District 1 

Local Notice to Mariners. 

• Time: 8:00 pm to 10:30 pm. 

• Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in 

approximate position: 

43°08′56′′ N, 070°49′52′′ W (NAD 83). 

Dated: December 8, 2011. 

C. L. Roberge, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Northern New England. 

[FR Doc. 2011–33032 Filed 12–23–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R04–OAR–2011–0006(b); FRL–9611– 

9] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; State of Florida; Control of 

Hospital/Medical/Infectious Waste 

Incinerator (HMIWI) Emissions From 

Existing Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the Clean Air Act (CAA) section 111(d)/ 

129 State Plan (the Plan) submitted by 

the Florida Department of 

Environmental Protection (FDEP) for the 

State of Florida on December 21, 2010, 

for implementing and enforcing the 

Emissions Guidelines (EGs) applicable 

to existing Hospital/Medical/Infectious 

Waste Incinerators (HMIWIs). These EGs 

apply to devices that combust any 

amount of hospital waste and/or 

medical/infectious waste. In the Final 

Rules section of this Federal Register, 

EPA is approving the State’s 111(d)/129 

plan revision submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. 

DATES: Comments must be received in 

writing by January 26, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2011–0006 by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: garver.daniel@epa.gov. 

3. Fax: (404) 562–9095. 

4. Mail: EPA–R04–OAR–2011–0006, 

Daniel Garver, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, Georgia 30303. 

5. Hand Delivery or Courier: Mr. 

Daniel Garver, Air Toxics Assessment 

and Implementation Section, Air Toxics 

and Monitoring Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

80866 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Proposed Rules 

1An NRA is defined as ‘‘a written and binding 

arrangement between a shipper and an eligible 

NVOCC to provide specific transportation service 

for a stated cargo quantity, from origin to 

destination, on and after the receipt of the cargo by 

the carrier or its agent (or the originating carrier in 

the case of through transportation).’’ 46 CFR 

532.3(a). An NVOCC’s use of NRAs is subject to 

several conditions, including (1) NVOCCs who use 

NRAs are required to continue publishing standard 

rules tariffs containing contractual terms and 

conditions governing shipments, including any 

accessorial charges and surcharges, and are required 

to make their rules tariffs available to shippers free 

of charge; (2) NRA rates charged by NVOCCs must 

be mutually agreed and memorialized in writing by 

the date cargo is received for shipment; and (3) 

NVOCCs who use NRAs must retain documentation 

confirming the agreed rate and terms for each 

shipment for a period of five years, and must make 

such documentation promptly upon request 

available to the Commission pursuant to the 

Commission’s regulations at 46 CFR 515.31(g). 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Garver, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9839. 

Mr. Garver can also be reached via 

electronic mail at 

garver.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

A detailed rationale for the approval is 

set forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: November 21, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–33149 Filed 12–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 532 

[Docket No. 11–22] 

Non-Vessel-Operating Common 

Carriers Negotiated Rate 

Arrangements; Tariff Filing Exemption 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of Inquiry. 

SUMMARY: The Federal Maritime 

Commission is issuing this Notice of 

Inquiry seeking comments on ways to 

make the tariff filing exemption 

provided to licensed non-vesseloperating common carriers in its 

regulations more useful, including its 

possible extension to foreign-based nonvessel-operating common carriers not 

licensed by the Federal Maritime 

Commission. 

DATES: Comments are due on or before 

March 26, 2012. 

ADDRESSES: Submit comments to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001, or 

email non-confidential comments to: 

Secretary@fmc.gov (email comments as 

attachments preferably in Microsoft 

Word or PDF). 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 N. Capitol 

Street NW., Washington, DC 20573– 

0001. (202) 523–5725, Fax (202) 523– 

0014, Email: Secretary@fmc.gov, 

Rebecca A. Fenneman, General Counsel; 

Federal Maritime Commission, 800 N. 

Capitol Street, NW., Washington, DC 

20573–0001, (202) 523–5740, Fax (202) 

523–5738, Email: 

GeneralCounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 31, 2008, the National 

Customs Brokers and Forwarders 

Association of America, Inc. (NCBFAA) 

filed a petition (Petition) with the 

Federal Maritime Commission (FMC or 

Commission), seeking an exemption 

from provisions of the Shipping Act of 

1984 (the Act) requiring non-vesseloperating common carriers (NVOCCs) 

‘‘to publish and/or adhere to rate tariffs 

for ocean transportation in those 

instances where they have individually 

negotiated rates with their shipping 

customers and memorialized those rates 

in writing.’’ NCBFAA Petition at 10. 

Notice of the Petition was published on 

August 11, 2008, with comments due by 

September 26, 2008. Petition No. P1–08, 

Petition of the National Customs 

Brokers and Freight Forwarders 

Association of America, Inc. for 

Exemption from Mandatory Rate Tariff 

Publication, 73 FR 46625–02 (August 

11, 2008). The Commission considered 

the petition and comments at a meeting 

on February 18, 2010, and, by a 3–1 

vote, determined to initiate a 

rulemaking to relieve licensed NVOCCs 

from the costs and burdens of rate tariff 

publication. On May 7, 2010, the 

Commission issued a notice of proposed 

rulemaking (NPR), pursuant to its 

authority under sections 16 and 17 of 

the Act, 46 U.S.C. 40103 and 46 U.S.C. 

305, seeking comments on a proposal to 

exempt licensed NVOCCs from the rate 

publication requirements of the 

Shipping Act, subject to certain 

conditions. Docket No. 10–03, 75 FR 

25151 (May 7, 2010). Additionally, the 

Commission requested interested parties 

to submit comments on whether the 

exemption should be extended to 

foreign-based NVOCCs who are 

unlicensed but bonded pursuant to 46 

CFR 515.21(a)(3). On March 2, 2011, 

after consideration of the comments 

received in response to the NPR, the 

Commission issued a final rule, effective 

April 18, 2011, promulgating 46 CFR 

Part 532, which exempted licensed 

NVOCCs from their tariff rate 

publication obligations when entering 

into a ‘‘negotiated rate arrangement’’ 

(NRA).1

The final rule did not extend the 

exemption to foreign-based unlicensed 

NVOCCs due to concerns by 

Commission Staff that to do so could 

harm the agency’s mission to protect the 

shipping public. See 76 FR 11355– 

11357. The final rule noted that: 

At this time, Commissioners hold differing 

views on the concerns the Staff has raised, 

and on the relevance and weight those 

concerns should be given in the 

Commission’s decision whether or not to 

extend the exemption to foreign unlicensed 

NVOCCs. Accordingly, the Commission will 

move forward with the current rule as 

proposed for licensed NVOCCs, but as noted 

above, will commence proceedings to obtain 

and consider additional public comment on 

potential modifications to the final rule, 

including possible extension of the 

exemption to include foreign unlicensed 

NVOCCs. The record in this proceeding will 

be incorporated into the new Commission 

proceeding. 76 FR 11357. 

NVOCCs have now been able to use 

NRAs for more than six months. In 

accordance with the statements in the 

final rule, the Commission now invites 

comment and information from all 

members of the interested public 

(whether they be located in the United 

States or elsewhere), including ocean 

common carriers, ocean transportation 

intermediaries, exporters, and beneficial 

cargo owners, on ways to make the 

exemption more useful, including 

possible extension of the exemption to 

include foreign unlicensed NVOCCs. 

Comments that are specific and provide 

supporting data are most helpful. The 

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