Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 9373 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves establishing a safety zone and 

is categorically excluded under figure 

2–1, paragraph (34)(g), of the 

Instruction. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T11–284 to read as 

follows: 

§ 165.T11–284 Safety Zone, AVI May 

Fireworks Display, Colorado River, 

Laughlin, NV. 

(a) Location. The limits of the safety 

zone are as follows: All navigable waters 

within 800 feet of the firing location 

adjacent to the AVI Resort and Casino 

centered in the channel between 

Laughlin Bridge and the northwest 

point of AVI Resort and Casino Cove in 

position: 35°00′93′′N, 114°38′28′′W. 

(b) Enforcement Period. This section 

will be enforced from 8 p.m. to 9:45 

p.m. on May 30, 2010. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transit through or anchoring within 

this safety zone is prohibited unless 

authorized by the Captain of the Port 

San Diego or his designated 

representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means,the 

operator of a vessel must proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: February 3, 2010. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–4204 Filed 3–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–0131, FRL–9120–9] 

Approval and Promulgation of 

Implementation Plans; New York State 

Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

proposed revision to the New York State 

Implementation Plan (SIP) for ozone 

concerning the control of volatile 

organic compounds. The proposed SIP 

revision consists of amendments to Title 

6 of the New York Codes, Rules and 

Regulations Part 235, ‘‘Consumer 

Products’’ and Part 239, ‘‘Portable Fuel 

Container Spillage Control.’’ The 

intended effect of this action is to 

approve control strategies, required by 

the Clean Air Act, which will result in 

emission reductions that will help 

achieve attainment of the national 

ambient air quality standards for ozone. 

DATES: Comments must be received on 

or before April 1, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2010–0131, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. 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. 

Instructions: Direct your comments to 

Docket No. EPA–R02–OAR–2010–0131. 

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 

whose disclosure 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. 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 or 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. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

9374 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 

1On December 22, 2006, the United States Court 

of Appeals for the District of Columbia Circuit (the 

Court) vacated the Phase 1 Rule. South Coast Air 

Quality Management Dist. v. EPA, 472 F.3d 882 (DC 

Cir. 2006). Subsequently, in South Coast Air 

Quality Management Dist. v. EPA, 489 F.3d 1295 

(DC Cir. 2007), in response to several petitions for 

rehearing, the Court clarified that the Phase 1 Rule 

was vacated only with regard to those parts of the 

rule that had been successfully challenged. The 

court upheld the portions of the Phase 1 Rule 

relating to EPA’s classification system under 

subpart 2. The portions of the rule that were 

vacated do not affect this proposed action. 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber (wieber.kirk@epa.gov), Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3381. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is Required by the Clean Air Act 

(Act) and How Does it Apply to New 

York? 

A. What is the History and Time Frame for 

State Implementation Plan (SIP) 

Submissions? 

B. What are the Moderate Area 

Requirements? 

II. What was Included in New York’s 

Submittals? 

A. What do the Revisions to Part 235, 

‘‘Consumer Products’’ Consist Of? 

B. What do the Requirements of Part 239, 

‘‘Portable Fuel Container Spillage 

Control’’ Consist Of? 

III. What is EPA’s Conclusion? 

IV. Statutory and Executive Order Reviews 

I. What is Required by the Clean Air 

Act (Act) and How Does it Apply to 

New York? 

A. What Is the History and Time Frame 

for State Implementation Plan (SIP) 

Submissions? 

In 1997, EPA revised the health-based 

national ambient air quality standards 

(NAAQS or standard) for ozone, setting 

it at 0.08 parts per million averaged over 

an 8-hour period. EPA set the 8-hour 

ozone standard based on scientific 

evidence demonstrating that ozone 

causes adverse health effects at lower 

ozone concentrations and over longer 

periods of time than was understood 

when the pre-existing 1-hour ozone 

standard was set. EPA determined that 

the 8-hour standard would be more 

protective of human health, especially 

with regard to children and adults who 

are active outdoors, and individuals 

with a pre-existing respiratory disease, 

such as asthma. On April 30, 2004 (69 

FR 23951), EPA finalized its attainment/ 

nonattainment designations for areas 

across the country with respect to the 8- 

hour ozone standard. These actions 

became effective on June 15, 2004. The 

three 8-hour ozone moderate 

nonattainment areas located in New 

York State are: the New York-Northern 

New Jersey-Long Island, NY–NJ–CT 

nonattainment area; the Poughkeepsie 

nonattainment area; and the Jefferson 

County nonattainment area. The New 

York portion of the New York-Northern 

New Jersey-Long Island, NY–NJ–CT 

nonattainment area is composed of the 

five boroughs of New York City and the 

surrounding counties of Nassau, 

Suffolk, Westchester and Rockland. This 

is collectively referred to as the New 

York City Metropolitan Area or NYMA. 

The Poughkeepsie nonattainment area is 

composed of Dutchess, Orange and 

Putnam counties. On March 25, 2008 

(73 FR 15672) EPA determined that 

Jefferson County attained the 8-hour 

ozone standard. 

These designations triggered the Act’s 

requirements under section 182(b) for 

moderate nonattainment areas, 

including a requirement to submit a 

demonstration of attainment. To assist 

States in meeting the Act’s requirements 

for ozone, EPA released an 8-hour ozone 

implementation rule in two Phases. 

EPA’s Phase 1 8-hour ozone 

implementation rule, published on 

April 30, 2004 (69 FR 23951) and 

referred to as the Phase 1 Rule, specifies 

that States must submit these attainment 

demonstrations to EPA by no later than 

three years from the effective date of 

designation, that is, submit them by 

June 15, 2007.1

B. What Are the Moderate Area 

Requirements? 

On November 9, 2005, EPA published 

Phase 2 of the 8-hour ozone 

implementation rule (70 FR 71612) and 

referred to as the Phase 2 Rule, which 

addressed the control obligations that 

apply to areas designated nonattainment 

for the 8-hour NAAQS. Among other 

things, the Phase 1 and Phase 2 Rules 

outline the SIP requirements and 

deadlines for various requirements in 

areas designated as moderate 

nonattainment. For such areas, 

reasonably available control technology 

(RACT) plans were due by September 

2006 (40 CFR 51.912(a)(2)). The rules 

further require that modeling and 

attainment demonstrations, reasonable 

further progress plans, reasonably 

available control measure (RACM) 

analysis, projection year emission 

inventories, motor vehicle emissions 

budgets and contingency measures were 

all due by June 15, 2007 (40 CFR 

51.908(a), and (c)). 

In a related matter, the Ozone 

Transport Commission (OTC) developed 

control measures into model rules for a 

number of source categories and 

estimated emission reduction benefits 

from implementing these model rules. 

These model rules were designed for 

use by States in developing their own 

regulations to achieve additional 

emission reductions to close emission 

shortfalls. 

II. What Was Included in New York’s 

Submittals? 

On October 21, 2009 and November 

23, 2009, the New York State 

Department of Environmental 

Conservation (NYSDEC), submitted to 

EPA proposed revisions to the SIP 

which included State adopted revisions 

to two regulations which consist of, 

respectively, Title 6 of the New York 

Code of Rules and Regulations (6 

NYCRR) Part 235, ‘‘Consumer Products’’ 

with an effective date of October 15, 

2009 and 6 NYCRR Part 239, ‘‘Portable 

Fuel Container Spillage Control’’ with 

an effective date of July 30, 2009. These 

revisions will provide volatile organic 

compound (VOC) emission reductions 

to address, in part, attainment of the 

1997 8-hour ozone standard in the 

NYMA and towards meeting the RACT 

and RACM requirement. New York used 

the OTC model rules as guidelines to 

develop its rules. 

A. What Do the Revisions to Part 235, 

‘‘Consumer Products’’ Consist Of? 

On January 23, 2004 (69 FR 3237), 

EPA approved the previous version of 

Part 235 that included VOC content 

limits for 43 separate consumer product 

categories. New York’s recent revisions 

to Part 235 includes VOC content limits 

for eleven new categories of products 

and includes revised VOC content limits 

for contact adhesives. The new 

categories of products, some of which 

include subcategories, are: adhesive 

remover, anti-static (non-aerosol), 

electrical cleaner, electronic cleaner, 

fabric refresher, footwear or leather care, 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 9375 

graffiti remover, hair styling, shaving 

gel, toilet/urinal care, and wood cleaner. 

New York also revised subpart 235– 

2.1, ‘‘Definitions’’ to accommodate the 

new and revised categories as well as to 

provide clarification on some existing 

definitions. 

Revised subpart 235–3.1, ‘‘Standards’’ 

establishes that no person shall sell, 

supply, offer for sale, or manufacture for 

sale in the State of New York consumer 

products manufactured on or after 

January 1, 2010 which contain VOC’s in 

excess of the VOC content limits 

specified by New York State for the 

eleven new and revised categories. The 

VOC standards for products registered 

under FIFRA (Federal Insecticide, 

Fungicide, and Rodenticide Act) will 

have an effective date of January 1, 

2011. 

The revisions to subpart 235–3.1 

include an unlimited sell through for 

products that are manufactured before 

January 1, 2010, except for products that 

do not display on the container or 

package the date, or a code indicating 

the date, on which the product was 

manufactured (see subpart 235–3.1(d)); 

solid air fresheners and toilet/urinal 

care products that contain paradichlorobenzene (see subpart 235–3.1(d) 

and (n)); adhesive removers, contact 

adhesives, electrical cleaners, electronic 

cleaners, footwear or leather care 

products, graffiti removers and general 

purpose degreasers (a category already 

included in the SIP) that contain 

methylene chloride, perchloroethylene; 

or trichloroethylene (see subpart 235– 

3.1(l) and (m)). Products containing 

these compounds will have a one year 

limited sell through until January 1, 

2011. Other revisions to Part 235 

include some administrative changes to 

the labeling/date coding provisions 

(subpart 235–6.1), an innovative 

products exemption (subpart 235–5.1), a 

variance provision (subpart 235–8.1), 

alternative test methods (subpart 235– 

9.1) and alternate control plan 

provisions (subpart 235–11). Subparts 

235–5.1, 235–8.1, 235–9.1 and 235–11.1 

require that after NYSDEC approves an 

application for an innovative product 

exemption, a variance, an alternative 

test method or alternative control plan, 

it must be submitted to the EPA for 

approval as a SIP revision. In the event 

that the State adopts a less stringent 

requirement and it is not approved into 

the SIP by EPA through a sourcespecific SIP mechanism, the rule in the 

SIP is operative under Federal law and 

is Federally enforceable. 

B. What do the Requirements of Part 

239, ‘‘Portable Fuel Container Spillage 

Control’’ Consist Of? 

On January 23, 2004 (69 FR 3237), 

EPA approved the previous version of 

Part 239 that is intended to reduce 

refueling emissions from equipment and 

engines in the off-road categories that 

are predominantly refueled with 

portable fuel containers. New York’s 

recent revisions to Part 239 make certain 

provisions (i.e., applicability, 

performance standards, exemptions, test 

procedures and administrative 

procedures) consistent with Federal 

Rule, 40 CFR Part 59 Subpart F— 

Control of Evaporative Emissions From 

New and In-Use Portable Fuel 

Containers. Pursuant to Sections 110(l) 

and 193 of the Act, EPA is not 

authorized to approve a revision to the 

SIP unless the modification insures 

equivalent or greater emission 

reductions and the revision would not 

interfere with an applicable requirement 

concerning attainment and reasonable 

further progress as defined in title I of 

the Act or any other applicable 

requirement of the Act. 

In the event that the State adopts a 

less stringent rule and it is not approved 

into the SIP by EPA through a sourcespecific SIP mechanism, the rule in the 

SIP is operative under Federal law and 

is Federally enforceable. Part 239 also 

differs from 40 CFR Part 59 Subpart F 

in that it establishes innovative product 

exemption provisions that allow for 

alternatives to complying with the 

performance standards specified in Part 

239. If a manufacturer demonstrates by 

clear and convincing evidence that, due 

to the product’s design, delivery system, 

or other factors, the use of the product 

will result in cumulative VOC emissions 

below the highest emitting 

representative spill-proof system or 

representative spill-proof spout in its 

product category, the manufacturer may 

apply to the NYSDEC for an innovative 

product exemption in accordance with 

the criteria specified in Part 239–5. 

In addition, subpart 239–7 provides 

procedures for obtaining a variance. 

Any person who cannot comply with 

the performance standards set forth in 

Part 239, due to extraordinary reasons 

that are beyond that person’s reasonable 

control, may apply in writing to the 

NYSDEC for a variance. An application 

for a variance must specify the grounds 

upon which the variance is sought, the 

proposed date(s) by which compliance 

with the Part 239 VOC limits will be 

achieved and a compliance report 

reasonably detailing the method(s) by 

which compliance will be achieved. 

III. What is EPA’s Conclusion? 

EPA has evaluated New York’s 

submittal for consistency with the Act, 

EPA regulations, and EPA policy. EPA 

has determined that the revisions made 

to Part 235 and Part 239 of Title 6 of the 

New York Codes, Rules and 

Regulations, entitled, ‘‘Consumer 

Products’’ and ‘‘Portable Fuel Container 

Spillage Control’’, respectively, meet the 

SIP revision requirements of the Act 

with the following exceptions. 

The provisions related to innovative 

products exemptions in subpart 239–5, 

variances in subpart 239–7 and alternate 

test methods in subpart 239–8 do not 

explicitly require submission of an 

innovative product exemption, variance 

or alternative test method to EPA for 

approval into the SIP. Since the rule 

does not explicitly state that innovative 

product exemptions, variances or 

alternative test methods have to be 

submitted to EPA for approval in the 

SIP, there is the possibility that such 

exemptions, variances and alternatives 

will not be submitted for review and 

approval into the SIP and therefore will 

not, if approved, become Federally 

enforceable. Failure to submit such 

exemptions, variances or alternatives to 

EPA for review and approval can lead 

to sources not understanding that the 

original rule still applies and can be 

enforced by the United States. In order 

to be Federally enforceable, any 

exemption, variance or alternative test 

method approved by NYSDEC must be 

approved by EPA into the SIP. 

While Part 239 may create some 

uncertainty regarding which provisions 

in subpart 239–5, 239–7 or 239–8 are 

enforceable, EPA has determined that 

there is no certainty that sources will 

use these provisions in the future. 

Therefore, EPA is proposing to approve 

the proposed revisions to Part 239 as 

part of the New York SIP with the 

understanding that the specific 

application of provisions associated 

with innovative product exemptions, 

variances, and alternate test methods, 

pursuant to Part 239, must be submitted 

to EPA as SIP revisions. 

IV. Statutory and Executive Order 

Reviews 

Under the Act, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the Act. Accordingly, this proposed 

action merely approves State law as 

meeting Federal requirements and does 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

9376 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Act; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Oxides of 

Nitrogen, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 18, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2010–4306 Filed 3–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

[Docket No. FMCSA–2004–19608] 

RIN 2126–AB26 

Hours of Service 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

session. 

SUMMARY: FMCSA announces that it will 

hold a fifth public listening session (in 

addition to the four sessions held in 

January 2010) to solicit comments and 

information on potential hours-ofservice (HOS) regulations. Specifically, 

the Agency wants to know what factors, 

issues, and data it should be aware of as 

it prepares to issue a notice of proposed 

rulemaking (NPRM) on HOS 

requirements for property-carrying 

commercial motor vehicle (CMV) 

drivers. This session will be held in the 

Louisville, Kentucky area in 

conjunction with the Mid-America 

Trucking Show. The listening session 

will allow interested persons to present 

comments, views, and relevant research 

on revisions FMCSA should consider in 

its forthcoming rulemaking. All 

comments will be transcribed and 

placed in the rulemaking docket for the 

FMCSA’s consideration. 

DATES: This listening session will be 

held on Friday, March 26, 2010, in 

Louisville, Kentucky. It will begin at 10 

a.m. local time and end at 6 p.m., or 

earlier, if all participants wishing to 

express their views have done so. 

ADDRESSES: The listening session will 

be held at the Mid-America Trucking 

Show at the Kentucky Exposition 

Center, South Wing Room B101, 937 

Phillips Lane, Louisville, Kentucky 

40209–1331. The Kentucky Exposition 

Center may be contacted at (502) 367– 

5000 for directions. Each person 

attending may attend the trucking show 

and the listening session free of charge, 

if they pre-register online with the MidAmerica Trucking Show organizer at 

http://truckingshow.com/attendee/ 

attendee-registration. Attendees preregistering must print out their 

confirmation page after registering and 

present it at the Kentucky Exposition 

Center door to be admitted free. 

Otherwise, admission to the trucking 

show on March 26 will be $5.00. 

You may submit comments bearing 

the Federal Docket Management System 

(FDMS) Docket ID FMCSA–2004–19608 

using any of the following methods. 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or to 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The online Federal document management 

system is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8-785.pdf. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the hours-ofservice rules, contact Mr. Tom Yager, 

Chief, Driver and Carrier Operations 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS