Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 40799 

commingled with positions in 

commodity contracts of the futures 

account class (and the money, 

securities, and/or other property 

margining, guaranteeing, or securing 

such positions), then the former 

positions (and the relevant money, 

securities, and/or other property) shall 

be treated, for purposes of this part, as 

being held in an account of the futures 

account class. 

* * * * * 

(oo) Cleared OTC derivatives shall 

mean positions in commodity contracts 

that have not been entered into or 

traded on a contract market (as such 

term is defined in § 1.3(h) of this 

chapter) or on a derivatives transaction 

execution facility (within the meaning 

of Section 5a of the Act), but which 

nevertheless are submitted by a 

commodity broker that is a futures 

commission merchant (as such term is 

defined in § 1.3(p) of this chapter) for 

clearing by a clearing organization (as 

such term is defined in this section), 

along with the money, securities, and/ 

or other property margining, 

guaranteeing, or securing such 

positions, which are required to be 

segregated, in accordance with a rule, 

regulation, or order issued by the 

Commission, or which are required to 

be held in a separate account for cleared 

OTC derivatives only, in accordance 

with the rules or bylaws of a clearing 

organization (as such term is defined in 

this section). 

4. In § 190.07, revise paragraph 

(b)(2)(viii) to read as follows: 

§ 190.07 Calculation of allowed net equity. 

(b) * * * 

(2) * * * 

(viii) Subject to paragraph (b)(2)(ix) of 

this section, the futures accounts, 

leverage accounts, options accounts, 

foreign futures accounts, and cleared 

OTC derivatives accounts of the same 

person shall not be deemed to be held 

in separate capacities: Provided, 

however, That such accounts may be 

aggregated only in accordance with 

paragraph (b)(3) of this section. 

* * * * * 

5. Amend ‘‘bankruptcy appendix form 

4—proof of claim’’ in Appendix A to 

Part 190 by revising paragraph a in 

section III to read as follows: 

Appendix A to Part 190—Bankruptcy 

Forms 

* * * * * 

Bankruptcy Appendix Form 4—Proof of 

Claim 

* * * * * 

III. * * * 

a. Whether the account is a futures, foreign 

futures, leverage, option (if an option 

account, specify whether exchange-traded or 

dealer), ‘‘delivery’’ account, or, only with 

respect to a bankruptcy of a commodity 

broker that is a futures commission 

merchant, a cleared OTC derivatives account. 

A ‘‘delivery’’ account is one which contains 

only documents of title, commodities, cash, 

or other property identified to the claimant 

and deposited for the purposes of making or 

taking delivery on a commodity underlying 

a commodity contract or for payment of the 

strike price upon exercise of an option. 

* * * * * 

Issued in Washington, DC, on July 31, 

2009, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–18853 Filed 8–12–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

[SATS No. MT–029–FOR; Docket ID: OSM– 

2008–0022] 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

Montana Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; reopening and 

extension of public comment period on 

proposed amendment. 

SUMMARY: We are announcing the 

receipt of revisions pertaining to a 

previously proposed amendment to the 

Montana regulatory program 

(hereinafter, the ‘‘Montana program’’) 

under the Surface Mining Control and 

Reclamation Act of 1977 (‘‘SMCRA’’ or 

‘‘the Act’’). Montana proposes additions 

of rules and revisions to the 

Administrative Rules of Montana (ARM) 

concerning Normal Husbandry 

Practices. Montana intends to revise its 

program to improve operational 

efficiency. 

This document gives the times and 

locations that the Montana program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., mountain daylight time September 

14, 2009. If requested, we will hold a 

public hearing on the amendment on 

September 8, 2009. We will accept 

requests to speak until 4 p.m., mountain 

daylight time, on August 28, 2009. 

ADDRESSES: You may submit comments, 

identified by ‘‘MT–029–FOR’’ or Docket 

ID number OSM–2008–0022, using any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

has been assigned Docket ID OSM– 

2008–0022. If you would like to submit 

comments via the Federal eRulemaking 

portal, go to http://www.regulations.gov 

and do the following. Click on the 

‘‘Advanced Docket Search’’ button on 

the right side of the screen. Type in the 

Docket ID ‘‘OSM–2008–0022’’ and click 

on the ‘‘Submit’’ button at the bottom of 

the page. The next screen will display 

the Docket Search Results for the rule 

making. If you click on ‘‘OSM–2008– 

0022’’, you can view the proposed rule 

and submit a comment. You can also 

view supporting material and any 

comments submitted by others. 

• Mail, Hand Delivery/Courier: Jeff 

Fleischman, Director, Casper Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, Federal 

Building, 150 East B Street, Room 1018, 

Casper, WY 82601–1018, (307) 261– 

6550. Fax: (307) 261–6552. 

Instructions: All submissions received 

must include the agency name and MT– 

029–FOR. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Comment Procedures’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: Access to the docket to review 

copies of the Montana program, this 

amendment, a listing of any scheduled 

public hearings, and all written 

comments received in response to this 

document, may be obtained at the 

addresses listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting the Office of Surface Mining 

Reclamation and Enforcement’s (OSM’s) 

Casper Field Office. In addition, you 

may review a copy of the amendment 

during regular business hours at the 

following locations: 

Jeff Fleischman, Director, Casper Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, 

Federal Building, 150 East B Street, 

Room 1018, Casper, WY 82601–1018, 

Telephone: (307) 261–6550, E-mail: 

jfleischman@osmre.gov. 

Neil Harrington, Chief, Industrial and 

Energy Minerals Bureau, Montana 

Department of Environmental Quality, 

P.O. Box 200901, Helena, MT 59620– 

0901, Telephone: (406) 444–2544, Email: neharrington@mt.gov. 


sroberts on DSKGBLS3C1PROD with PROPOSALS
40800 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 

Or anytime at: http:// 

www.regulations.gov, Docket ID OSM– 

2008–0022. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Fleischman (307) 261–6550. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Montana Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Montana 

program on April 1, 1980. You can find 

background information on the Montana 

program, including the Secretary’s 

findings, the disposition of comments, 

and conditions of approval of the 

Montana program in the April 1, 1980, 

Federal Register (45 FR 21560). You can 

also find later actions concerning 

Montana’s program and program 

amendments at 30 CFR 926.15, 926.16, 

and 926.30. 

II. Description of the Proposed 

Amendment 

By letter dated July 3, 2008, Montana 

sent us a proposed amendment to its 

program (SATS No. MT–029–FOR) 

under SMCRA (30 U.S.C. 1201 et seq.). 

Montana sent the amendment to include 

changes made at its own initiative. The 

full text of the original program 

amendment is available for you to read 

at the locations listed above under 

ADDRESSES. 

We announced receipt of the 

proposed amendment in the November 

10, 2008, Federal Register (73 FR 

66569), provided an opportunity for a 

public hearing or meeting on its 

substantive adequacy, and invited 

public comment on its adequacy 

(Administrative Record No. OSM–2008– 

0022–0001). Because no one requested a 

public hearing or meeting, none was 

held. The public comment period ended 

on December 10, 2008. We received one 

comment that was not relevant to the 

amendment proposal. 

During our review of the amendment, 

we identified concerns with regard to 

the proposed revisions for Normal 

Husbandry Practices that would be used 

for erosion and settling repair and 

landscaping activities. We notified 

Montana of our concerns by letter dated 

April 16, 2009 (Administrative Record 

No. OSM–2008–0022–0009). Montana 

responded in a letter dated May 12, 

2009, by submitting a revised 

amendment proposal (Administrative 

Record No. OSM–2008–0022–0010). 

The full text of the revised program 

amendment is also available for you to 

read at the locations listed above under 

ADDRESSES. 

In response to our concerns, Montana 

made the following changes to its July 

3, 2008, amendment proposal. OSM 

expressed concerns regarding Guideline 

Number 7, Erosion and settling repair. 

Guidance concerning the repair of rills 

and gullies is found in the September 2, 

1983, Federal Register notice (48 FR 

40157). In this FR notice, OSM states 

that the regulatory authority could allow 

the repair of rills and gullies as a 

husbandry practice without restarting 

the liability period only if the general 

standards of 30 CFR 816.116(c)(4) are 

met and after consideration of the 

normal conservation practices within 

the region. 

To clarify the intent of Guideline 

Number 7, Erosion and settling repair, 

Montana removed National Resource 

Conservation Standard (NRCS) No. 578 

(stream crossings) from its list of 

applicable NRCS standards. In our April 

16, 2009, letter to Montana, OSM 

advised the state to justify why stream 

crossings would be applicable to all 

crossing types cited in the incorporated 

NRCS reference, at any time during the 

liability period without extending the 

period of responsibility, or define 

reasonable limits. OSM was particularly 

concerned about large projects, such as 

a bridge associated with a road crossing 

that may be installed near the end of the 

liability period. We believe that in 

general, stream crossings should be 

restricted and clearly stated under what 

conditions, and what types of stream 

crossings should be included, or at least 

which would be prohibited. OSM 

requested that Montana also include a 

reasonable time limit to demonstrate the 

stability of such crossings; and that no 

negative consequences are reasonably 

likely after Phase III bond release. The 

type of stream crossings allowed, under 

what conditions, and time period 

restrictions should be supported by 

appropriate literature references. 

Montana omitted stream crossings 

from the list of standard practices that 

can be employed for erosion and 

sediment control. Montana explained 

that stream crossings was deleted 

because it is essentially irrelevant to 

reclamation activities at Montana coal 

mines. 

OSM also expressed concerns about 

the use of fertilization and other 

facilitating practices, i.e. irrigation, that 

were mentioned in the incorporated 

NRCS reference for Critical Area 

Planting (342) or elsewhere (e.g. 412— 

Grassed Waterway). Montana must 

demonstrate that fertilization and other 

facilitating practices will only be 

allowed where these practices can be 

expected to continue as part of the 

postmining land use; or if the practices 

discontinue after the liability period 

expires, the probability of permanent 

vegetation success will not be reduced. 

To clarify the use and intent of 

fertilizers for erosion and settling repair, 

Montana added language stating that 

‘‘the use of fertilization or other 

facilitating practices (i.e. irrigation), as 

mentioned in some normal husbandry 

practices (e.g. 342—Critical Area 

Planting and 412—Grassed Waterway) 

will not be approved unless it can be 

demonstrated that the practice will 

continue as part of the postmining land 

use or if discontinuance of the practice 

after the liability period expires will not 

reduce the probability of permanent 

vegetation success.’’ OSM is satisfied 

with Montana’s edits to the July 3 

amendment proposal regarding erosion 

and settling repair. 

For Guideline Number 9, Agricultural 

activities, Montana omitted NRCS 

standard numbers 441 (micro-irrigation 

system), 442 (sprinkler irrigation 

system), 443 (surface and subsurface 

irrigation systems), and 449 (irrigation 

water management) for consistency, 

since these practices were omitted from 

Guideline Number 7 (Erosion and 

settling repair) and Guideline Number 

10 (Landscaping activities) to satisfy 

OSM’s concerns. 

To clarify the intent of Guideline 

Number 10 (Landscaping activities), 

Montana removed numbers 422 

(hedgerow planting), 441 (microirrigation system), 442 (sprinkler 

irrigation system), 449 (irrigation water 

management), 578 (stream crossing), 657 

(wetland restoration), 658 (wetland 

creation), and 659 (wetland 

enhancement) from its list of applicable 

NRCS standards. 

In our April 16, 2009, letter to 

Montana, OSM expressed concerns 

regarding the NRCS standard 

conservation practices for irrigation, 

specifically micro-irrigation systems 

(441), sprinkler irrigation systems (442), 

surface and subsurface irrigation 

systems (443), and irrigation water 

management (449). 30 CFR 816.116(c)(4) 

specifically excludes augmentative 


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irrigation as being approved as a 

husbandry practice. However, the 

preamble to the 1979 revegetation 

regulations (44 FR 15238, March 13, 

1979) clearly states that ‘‘the augmented 

seeding, fertilizing and irrigation does 

not apply to cropland and pastureland 

that can be expected to have a similar 

postmining use and which should be 

managed in accordance with acceptable 

local agricultural practices’’. OSM 

explained in the September 7, 1988, 

Federal Register (FR 53 3640) that ‘‘the 

preamble to the 1979 revegetation 

regulations which explained that 

fertilization, seeding and irrigation in 

accordance with local agricultural 

practices on cropland or pasture land is 

not considered a prohibited 

augmentative practice’’. Furthermore, 30 

CFR 816.116(c)(4) specifically requires 

that any approved husbandry practice 

must be expected to continue as part of 

the postmining land use, or if the 

practices are discontinued after the 

liability period expires, cessation will 

not reduce the probability of permanent 

vegetation success. 

OSM requested that Montana justify 

why irrigation would be applicable to 

all land uses without extending the 

period of responsibility, or define when 

and on what land use such irrigation 

practices would be applicable under the 

constraints cited in the regulations, 

thereby specifying when such irrigation 

practices could be reasonably 

considered to be a normal husbandry 

practice. 

In response, Montana removed the 

following NRCS standard practices from 

the list of approved normal husbandry 

practices for Landscaping activities: 422 

(hedgerow planting), 441 (micro 

irrigation system), 442 (sprinkler 

irrigation system), 449 (irrigation water 

management), 578 (stream crossing), 657 

(wetland restoration), 658 (wetland 

creation), and 659 (wetland 

enhancement). Montana explained that 

a proposal for the use of irrigation 

systems will be addressed during the 

permitting or permit revision process 

and will be required to address OSM’s 

limitations on the use of irrigation. 

Regarding wetland related work, OSM 

expressed concerns that any activity 

that requires more than minor 

stabilization, interseeding, or replanting 

would need to be completed at least six 

(6) years prior to Phase III bond release. 

In response to this, Montana omitted 

numbers 657 (wetland restoration), 658 

(wetland creation), and 659 (wetland 

enhancement) from its list of applicable 

NRCS standards used for Landscaping 

activities. Montana will address these 

items through normal reclamation 

practices and time frames. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the Montana program. 

Electronic or Written Comments 

Send your written comments to OSM 

at the addresses given above. Your 

comments should be specific, pertain 

only to the issues proposed in this 

rulemaking, and include explanations in 

support of your recommended 

change(s). We appreciate any and all 

comments, but those most useful and 

likely to influence decisions on the final 

regulations will be those that either 

involve personal experience or include 

citations to and analyses of SMCRA, its 

legislative history, its implementing 

regulations, case law, other pertinent 

Tribal or Federal laws or regulations, 

technical literature, or other relevant 

publications. 

We will not consider or respond to 

your comments when developing the 

final rule if they are received after the 

close of the comment period (see Dates). 

We will make every attempt to log all 

comments into the administrative 

record, but comments delivered to an 

address other than the Casper Field 

Office may not be logged in. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., mountain daylight time on August 

28, 2009. If you are disabled and need 

reasonable accommodations to attend a 

public hearing, contact the person listed 

under FOR FURTHER INFORMATION

CONTACT. We will arrange the location 

and time of the hearing with those 

persons requesting the hearing. If no one 

requests an opportunity to speak, we 

will not hold the hearing. If only one 

person expresses an interest, a public 

meeting rather than a hearing may be 

held, with the results included in the 

docket for this rulemaking. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at a public 

hearing provide us with a written copy 

of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

IV. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulation. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that this rule meets the 

applicable standards of subsections (a) 

and (b) of that section. However, these 

standards are not applicable to the 

actual language of State regulatory 

programs and program amendments 

because each program is drafted and 

promulgated by a specific State, not by 

OSM. Under sections 503 and 505 of 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR parts 730, 731, and 732 have 

been met. 

Executive Order 13132—Federalism 

This rule does not have federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 


sroberts on DSKGBLS3C1PROD with PROPOSALS
40802 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Proposed Rules 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA. Section 503(a)(7) requires that 

State programs contain rules and 

regulations ‘‘consistent with’’ 

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federally 

recognized Indian Tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes. 

The rule does not involve or affect 

Indian Tribes in any way. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2) of the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S. based enterprises to 

compete with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: June 12, 2009. 

Allen D. Klein, 

Regional Director, Western Region. 

[FR Doc. E9–19365 Filed 8–12–09; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0348] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

East River, New York City, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the drawbridge 

operating regulations governing the 

operation of the Roosevelt Island Bridge, 

mile 6.4, across the East River at New 

York City, New York. This proposed 

rule would allow the Roosevelt Island 

Bridge to remain in the closed position 

for eleven months to facilitate a major 

rehabilitation of the bridge. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 14, 2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2009–0348 using any 

one of the following methods: 

(1) Federal Rulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building ground 

floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as address 

above, between 9 a.m. and 5 p.m., 

Monday through Friday, except, Federal 

holidays. The telephone number is (202) 

366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. Joe Arca, Project 

Officer, First Coast Guard District, 

telephone 212–668–7165, 

joe.arca@uscg.mil. If you have questions 

on viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 


sroberts on DSKGBLS3C1PROD with PROPOSALS