47910 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

involves changing the size of anchorage 

grounds resulting in a reduction in the 

overall size of the anchorage area. 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 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Amend § 110.155, by revising 

paragraph (c)(5) to read as follows: 

§ 110.155 Port of New York. 

* * * * * 

(c) * * * 

(5) Anchorages No. 19 East and 19 

West. 

(i) Anchorage No. 19 East. All waters 

of the Hudson River bound by the 

following points: 40°49′42.6′′ N, 

073°57′14.7′′ W; thence to 40°49′45.9′′ N, 

073°57′22.0′′ W; thence to 40°49′52.0′′ N, 

073°57′22.0′′ W; thence to 40°50′08.3′′ N, 

073°57′10.8′′ W; thence to 40°50′55.4′′ N, 

073°56′59.7′′ W; thence to 40°51′02.5′′ N, 

073°56′57.4′′ W; thence to 40°51′00.8′′ N, 

073°56′49.4′′ W; thence along the 

shoreline to the point of origin (NAD 

83). 

(ii) Anchorage No. 19 West. All waters 

of the Hudson River bound by the 

following points: 40°46′56.3′′ N, 

073°59′42.2′′ W; thence to 40°47′36.9′′ N, 

073°59′11.7′′ W; thence to 40°49′31.3′′ N, 

073°57′43.8′′ W; thence to 40°49′40.2′′ N, 

073°57′37.6′′ W; thence to 40°49′52.4′′ N, 

073°57′37.6′′ W; thence to 40°49′57.7′′ N, 

073°57′47.3′′ W; thence to 40°49′32.2′′ N, 

073°58′12.9′′ W; thence to 40°49′00.7′′ N, 

073°58′33.1′′ W; thence to 40°48′28.7′′ N, 

073°58′53.8′′ W; thence to 40°47′38.2′′ N, 

073°59′31.2′′ W; thence to 40°47′02.7′′ N, 

073°59′57.4′′ W; thence to the point of 

origin. 

(iii) The following regulations apply 

to 33 CFR 110.155(c)(5)(i) and (ii): 

(A) No vessel may conduct lightering 

operations in these anchorage grounds 

without permission from the Captain of 

the Port. When lightering is authorized, 

the Captain of the Port New York must 

be notified at least four hours in 

advance of a vessel conducting 

lightering operations as required by 

§ 156.118 of this title. 

(B) Any vessel conducting lightering 

or bunkering operations shall display by 

day a red flag (Pub 102; International 

Code of Signals; signaling instructions) 

at its mast head or at least 10 feet above 

the upper deck if the vessel has no mast, 

and by night the flag must be 

illuminated by spotlight. These signals 

shall be in addition to day signals, lights 

and whistle signals as required by rules 

30 (33 U.S.C. 2030) and 35 (33 U.S.C. 

2035) of the Inland Navigation Rules 

when at anchor in a general anchorage 

area. 

(C) Within an anchorage, fishing and 

navigation are prohibited within 500 

yards of an anchored vessel displaying 

a red flag by day or a red light by night. 

(D) These anchorage grounds are only 

authorized for use by tugs and/or barges. 

(E) No vessel may occupy this 

anchorage ground for a period of time in 

excess of 96 hours without prior 

approval of the Captain of the Port. 

(F) All coordinates referenced use 

datum: NAD 83. 

* * * * * 

Dated: July 23, 2009. 

Dale G. Gabel, 

Rear Admiral, U.S. Coast Guard Commander, 

First Coast Guard District. 

[FR Doc. E9–22457 Filed 9–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2005–0463; FRL–8957–2] 

Approval and Promulgation of State 

Implementation Plans; State of 

Colorado; Revisions to the Denver 

Emergency Episode Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revisions to the Denver Emergency 

Episode Plan submitted by the State of 

Colorado on September 16, 1997. EPA 

has determined that the Denver 

Emergency Episode Plan revisions meet 

the requirements for the prevention of 

air pollution emergency episodes with 

ambient concentrations of air pollutants 

that may endanger public health and 

welfare. In the ‘‘Rules and Regulations’’ 

section of this Federal Register, EPA is 

approving the State’s SIP revision as a 

direct final rule without prior proposal 

because the Agency views this as a noncontroversial SIP revision and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the preamble to the direct final 

rule. If EPA receives no adverse 

comments, EPA will not take further 

action on this proposed rule. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and it will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on this proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must 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. 

DATES: Written comments must be 

received on or before October 19, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2005–0463, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: videtich.callie@epa.gov and 

mastrangelo.domenico@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop, Denver, Colorado 

80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

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

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed instruction 

on how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Domenico Mastrangelo, Air Program, 

U.S. Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6436, 

mastrangelo.domenico@epa.gov. 

SUPPLEMENTARY INFORMATION: See the 

information provided in the Direct Final 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 47911 

action of the same title which is located 

in the Rules and Regulations section of 

this Federal Register. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 4, 2009. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–22281 Filed 9–17–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 367 

[Docket No. FMCSA–2009–0231] 

RIN–2126–AB19 

Fees for the Unified Carrier 

Registration Plan and Agreement 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of Proposed Rulemaking; 

extension of comment period. 

SUMMARY: FMCSA extends the time for 

submitting comments for an additional 

ten days in response to the notice of 

proposed rulemaking (NPRM) proposing 

fees for the Unified Carrier Registration 

Plan and Agreement published on 

September 3, 2009. The FMCSA 

received a request to extend the 

comment period from the five industry 

representatives on the Board of 

Directors of the Unified Carrier 

Registration Agreement (Board), which 

was supported by several other 

interested parties. The extension of the 

comment period will allow all 

interested parties additional time to 

submit comments to the proposed rule. 

DATES: The comment period for the 

proposed rule published September 3, 

2009 (74 FR 45583) is extended. 

Comments must be received on or 

before September 28, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number FMCSA– 

2009–0231 and/or RIN 2126–AB19, by 

any of the following methods—Internet, 

facsimile, regular mail, or hand-deliver. 

Federal eRulemaking Portal: Federal 

Docket Management System (FDMS) 

Web site at http://www.regulations.gov. 

The FDMS is the preferred method for 

submitting comments, and we urge you 

to use it. In the ‘‘Comment’’ or 

‘‘Submission’’ section, type Docket ID 

Number ‘‘FMCSA–2009–0231’’, select 

‘‘Go’’, and then click on ‘‘Send a 

Comment or Submission.’’ You will 

receive a tracking number when you 

submit a comment. 

Fax: 1–202–493–2251. 

Mail, Courier, or Hand-Deliver: U.S. 

Department of Transportation, Docket 

Operations (M–30), West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. Office hours are between 9 

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

Friday, except Federal holidays. 

Docket: Comments and material 

received from the public, as well as 

background information and documents 

mentioned in this preamble, are part of 

docket FMCSA–2009–0231, and are 

available for inspection and copying on 

the Internet at http:// 

www.regulations.gov. You may also 

view and copy documents at the U.S. 

Department of Transportation’s Docket 

Operations Unit, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC. 

Privacy Act: All comments will be 

posted without change including any 

personal information provided to the 

FDMS at http://www.regulations.gov. 

Anyone can search the electronic form 

of all our dockets in FDMS, by the name 

of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc). The 

Department of Transportation’s (DOT) 

complete Privacy Act Statement was 

published in the Federal Register on 

April 11, 2000 (65 FR 19476), and can 

be viewed at http://docketsinfo.dot.gov. 

Comments received after the comment 

closing date will be included in the 

docket, and we will consider late 

comments to the extent practicable. 

FMCSA may, however, issue a final rule 

at any time after the close of the 

comment period. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Julie Otto, Office of Enforcement and 

Program Delivery, (202) 366–0710, 

FMCSA, Department of Transportation, 

1200 New Jersey Ave., SE., Washington, 

DC 20590 or by e-mail at: 

FMCSAregs@dot.gov. 

SUPPLEMENTARY INFORMATION: 

On September 8, 2009, the five 

industry representatives on the Board of 

Directors of the Unified Carrier 

Registration Agreement sent a request 

on behalf of themselves and their 

respective organizations including the 

American Trucking Associations, the 

National Private Trucking Council, the 

Owner Operator Independent Drivers 

Association, the Transportation 

Intermediaries Association, and 

Walmart for an extension of the 

comment period in the subject 

rulemaking proceeding. 

Requests for extension of time to 

comment in a rulemaking proceeding 

before FMCSA are governed by the 

provisions of 49 CFR 389.19. Extensions 

require a showing of good cause, and are 

granted if consistent with the public 

interest. 

Petitioners contend that the agency is 

required to provide an extension 

because of the provisions of Executive 

Order No. 12866, 58 FR 51733 (Oct. 4, 

1993), as amended by Executive Order 

No. 13258, 67 FR 9383 (Feb. 28, 2002). 

Section 6 of E.O. 12866 provides that: 

Each agency shall (consistent with its own 

rules, regulations, or procedures) provide the 

public with meaningful participation in the 

regulatory process. In particular, before 

issuing a notice of proposed rulemaking, 

each agency should, where appropriate, seek 

the involvement of those who are intended 

to benefit from and those expected to be 

burdened by any regulation (including, 

specifically, State, local, and tribal officials). 

In addition, each agency should afford the 

public a meaningful opportunity to comment 

on any proposed regulation, which in most 

cases should include a comment period of 

not less than 60 days. 

In this matter, after the Board 

submitted its initial proposal for an 

adjustment of the UCR fees on April 3, 

2009, FMCSA’s designated member of 

the Board responded by conducting a 

telephone conference on April 23 with 

the Board’s chairman and the chairman 

of Board’s revenue and fees 

subcommittee to discuss several issues 

presented by the proposal. Those issues 

were explained in more detail in a 

written set of questions to the Board 

transmitted immediately after the 

conference. 

Over the next few months, in the 

course of public meetings of the board 

of directors in May 14, June 16 and 17, 

and July 9, the issues raised by FMCSA 

were discussed. At its June meeting, the 

Board voted by a majority to reconsider 

the proposal submitted on April 3. The 

revenue and fees subcommittee of the 

Board, which has members from the 

motor carrier industry, met thereafter to 

consider alternative proposals that 

might address the issues raised by 

FMCSA. Two such proposals to replace 

the April 3 proposal were put to a vote 

by the Board at its meeting on July 9; 

both proposals failed to be adopted 

because of a tie vote among the 

members of the Board present and 

voting. On July 15, the Board submitted 

a letter advising the agency of these 

facts and, in effect, requesting FMCSA 

to proceed with the rulemaking 

proceeding contemplated by 49 U.S.C. 

14504a(d)(7). As indicated in that letter, 

the Board and FMCSA both consider 

that the 90-day statutory time period for 

completion of the proceeding 

commenced on July 15. Petitioners’ 


erowe on DSK5CLS3C1PROD with PROPOSALS-1