46964 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 

to participate in and provide oral 

testimony or documentary evidence at 

the hearing must file a written notice of 

intention to appear by October 1, 2009. 

To testify or question witnesses at the 

hearing, interested persons must submit 

(transmit, postmark, or deliver) a notice 

by October 1, 2009, providing the 

following information: 

• Name, address, and telephone 

number of each individual who will 

give oral testimony; 

• Name of the establishment or 

organization each individual represents, 

if any; 

• Occupational title and position of 

each individual testifying; 

• Approximate amount of time 

required for each individual’s 

testimony; 

• A brief statement of the position 

each individual will take with respect to 

the issues identified in this notice; and 

• A brief summary of documentary 

evidence each individual intends to 

present. 

OSHA emphasizes that the hearings 

are open to the public; however, only 

individuals who file a notice of 

intention to appear may question 

witnesses and participate fully at the 

hearing. If time permits, and at the 

discretion of the ALJ, an individual who 

did not file a notice of intention to 

appear may be allowed to testify at the 

hearing, but for no more than 10 

minutes. 

Hearing testimony and documentary 

evidence. Individuals who request more 

than 10 minutes to present their oral 

testimony at the hearing or who will 

submit documentary evidence at the 

hearing must submit (transmit, 

postmark, or deliver) the full text of 

their testimony and all documentary 

evidence no later than October 15, 2009. 

The Agency will review each 

submission and determine if the 

information it contains warrants the 

amount of time the individual requested 

for the presentation. If OSHA believes 

the requested time is excessive, the 

Agency will allocate an appropriate 

amount of time for the presentation and 

will notify the individual of that action, 

and the reasons for that action, before 

the hearing. The Agency may limit to 10 

minutes the presentation of any 

participant who fails to comply 

substantially with these procedural 

requirements, and may request that the 

participant return for questioning later. 

Before the hearing, OSHA will notify all 

participants of the time the Agency is 

allowing for their presentations and will 

provide them with prehearing 

guidelines and a hearing schedule. 

Certification of the hearing record and 

Agency final determination. Following 

the close of the hearing and any 

posthearing comment periods, the ALJ 

will certify the record to the Assistant 

Secretary of Labor for Occupational 

Safety and Health. The record will 

consist of all of the written comments, 

oral testimony, and documentary 

evidence received during the 

proceeding. The ALJ, however, will not 

make or recommend any decisions as to 

the content of the final standard. 

Following certification of the record, 

OSHA will review the record and issue 

the final rule based on the record as a 

whole. 

List of Subjects in 29 CFR Parts 1910 

and 1926 

Electric power, Fire prevention, 

Hazardous substances, Occupational 

safety and health, Safety. 

Authority and Signature 

This document was prepared under 

the direction of Jordan Barab, Acting 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. It 

is issued pursuant to sections 4, 6, and 

8 of the Occupational Safety and Health 

Act of 1970 (29 U.S.C. 653, 655, 657), 

Secretary’s Order 5–2007 (72 FR 31160), 

and 29 CFR part 1911. 

Signed at Washington, DC, this 8th day of 

September 2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–22002 Filed 9–11–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 151 

46 CFR Part 162 

[USCG–2001–10486] 

RIN 1625–AA32 

Standards for Living Organisms in 

Ships’ Ballast Water Discharged in 

U.S. Waters 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meetings. 

SUMMARY: The Coast Guard announces a 

series of public meetings to receive 

comments on a notice of proposed 

rulemaking (NPRM) entitled ‘‘Standards 

for Living Organisms in Ships’ Ballast 

Water Discharged in U.S. Waters’’ that 

published in the Federal Register on 

Friday, August 28, 2009. 

DATES: Public meetings will be held in 

the Seattle, WA (September 28, 2009), 

New Orleans, LA (September 30, 2009), 

Chicago, IL (October 2, 2009), 

Washington, DC (October 8, 2009), 

Oakland, CA (October 27, 2009), and 

New York, NY (October 29, 2009) areas 

to provide opportunities for oral 

comments. Written comments and 

related material may also be submitted 

to Coast Guard personnel specified at 

those meetings for inclusion in the 

official docket for this rulemaking. The 

comment period for the NPRM closes on 

November 27, 2009. All comments and 

related material submitted after the 

meeting must either be submitted to our 

online docket via http:// 

www.regulations.gov on or before 

November 27, 2009 or reach the Docket 

Management Facility by that date. 

ADDRESSES: The public meetings will be 

held in the Seattle, WA (September 28, 

2009), New Orleans, LA (September 30, 

2009), Chicago, IL (October 2, 2009), 

Washington, DC (October 8, 2009), 

Oakland, CA (October 27, 2009), and 

New York, NY (October 29, 2009) areas. 

The specific locations and details will 

be announced in the Federal Register 

when they are finalized. 

You may submit written comments 

identified by docket number USCG– 

2001–10486 before or after the meetings 

using any one of the following methods: 

(1) Federal eRulemaking 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 mail 

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 four methods. Our online 

docket for this rulemaking is available 

on the Internet at http:// 

www.regulations.gov under docket 

number USCG–2001–10486. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rulemaking, call or e-mail Mr. John 

Morris, Project Manager, Environmental 

Standards Division, U.S. Coast Guard 

Headquarters, telephone 202–372–1433, 

e-mail: John.C.Morris@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Proposed Rules 46965 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

The Coast Guard published a notice of 

proposed rulemaking (NPRM) in the 

Federal Register on Friday, August 28, 

2009 (74 FR 44632), entitled ‘‘Standards 

for Living Organisms in Ships’ Ballast 

Water Discharged in U.S. Waters.’’ In it, 

we stated our intention to hold public 

meetings, and to publish a notice with 

additional details regarding those public 

meetings as soon as the information was 

available. 74 FR 44632. This notice 

informs the public of the date for each 

public meeting, as well as the city in 

which those meetings will be held. 

Additional notice(s) will be published 

in the Federal Register as specific 

locations and details for these meetings 

are finalized. We plan to record these 

meetings and provide written 

transcripts of the oral comments made 

at the meetings and will place those 

transcripts in the docket for this 

rulemaking. 

Information on Service for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meetings, contact Mr. John 

Morris at the telephone number or email address indicated under the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

Dated: September 4, 2009. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. E9–21975 Filed 9–11–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0815; FRL–8954–6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Excess Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions to the New Mexico 

State Implementation Plan (SIP) 

submitted by the Governor of New 

Mexico on behalf of the New Mexico 

Environment Department (NMED) in a 

letter dated October 7, 2008 (the October 

7, 2008 SIP submittal). The October 7, 

2008 SIP submittal concerns revisions to 

New Mexico Administrative Code Title 

20, Chapter 2, Part 7 Excess Emissions 

(20.2.7 NMAC—Excess Emissions) 

occurring during startup, shutdown, and 

malfunction related activities. We are 

proposing to approve the October 7, 

2008 SIP submittal because the rule is 

consistent with the Clean Air Act (the 

Act). This action is in accordance with 

section 110 of the Act. 

DATES: Written comments must be 

received on or before October 14, 2009. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the Addresses section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar, Air Planning Section (6PD– 

L), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6691, fax (214) 665–7263, 

e-mail address shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

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. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

For additional information, see the 

direct final rule, which is located in the 

rules section of this Federal Register. 

Dated: August 28, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–21830 Filed 9–11–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R6–ES–2008–0131; MO–9221050083– 

B2] 

Endangered and Threatened Wildlife 

and Plants; Partial 90-Day Finding on 

a Petition To List 206 Species in the 

Midwest and Western United States as 

Threatened or Endangered With 

Critical Habitat; Correction 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day petition 

finding; correction. 

SUMMARY: On Tuesday, August 18, 2009, 

we, the U.S. Fish and Wildlife Service, 

announced a 90-day finding on 38 

species from a petition to list 206 

species in the mountain-prairie region 

of the United States as threatened or 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

In that notice, we used an incorrect 

docket number, and asked commenters 

to refer to this docket number in their 

comments. The correct docket number 

is [FWS–R6–ES–2008–0131]. However, 

comments we received under the 

incorrect docket number will be routed 

to the correct docket. If you already 

submitted a comment, even with the 

incorrect docket number, you need not 

resubmit it. 

DATES: To allow us adequate time to 

conduct a status review, we request that 

we receive information on or before 

October 19, 2009. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket no. FWS–R6–ES–2008–0131. 

• U.S. Mail or hand delivery: Public 

Comments Processing, Attn: FWS–R6– 

ES–2008–0131, Division of Policy and 

Directives Management, U.S. Fish and 

Wildlife Service, 4401 N. Fairfax Drive, 

Suite 222, Arlington, VA 22203. We will 

post all information received on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see 

‘‘Information Solicited’’ in our original 

notice—74 FR 41649—for more 

information). 

FOR FURTHER INFORMATION CONTACT: Ann 

Carlson, Listing Coordinator, MountainPrairie Regional Ecological Services 

Office (see ADDRESSES); telephone 303– 

236–4264. If you use a 


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