Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12289 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

made a preliminary determination that 

this action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, this 

rule is categorically excluded, under 

section 2.B.2. Figure 2–1, paragraph 

34(h), of the Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves 

implementation of regulations within 33 

CFR Part 100 that apply to organized 

marine events on the navigable waters 

of the United States that may have 

potential for negative impact on the 

safety or other interest of waterway 

users and shore side activities in the 

event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. A 

preliminary environmental analysis 

check list supporting this determination 

will be available in the docket where 

indicated under the ‘‘Public 

Participation and Request for 

Comments’’ section of this preamble. 

We seek any comments or information 

that may lead to discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary section, § 100.35– 

T05–0107 to read as follows: 

§ 100.35–T05–0107 Special Local 

Regulations for Marine Events; Patuxent 

River, Patuxent River, MD. 

(a) Regulated area. The following 

locations are regulated areas: 

(1) All waters of the lower Patuxent 

River, near Solomons, Maryland, 

located between Fishing Point and the 

base of the break wall marking the 

entrance to the East Seaplane Basin at 

Naval Air Station Patuxent River, within 

an area bounded by a line connecting 

position latitude 38°17′39′′ N, longitude 

076°25′47′′ W; thence to latitude 

38°17′47′′ N, longitude 076°26′00′′ W; 

thence to latitude 38°18′09′′ N, 

longitude 076°25′40′′ W; thence to 

latitude 38°18′00′′ N, longitude 

076°25′25′′ W, located along the 

shoreline at U.S. Naval Air Station 

Patuxent River, Maryland. 

(2) All waters of the lower Patuxent 

River, near Solomons, Maryland, 

located between Hog Point and Cedar 

Point, within an area bounded by a line 

drawn from a position at latitude 

38°18′41′′ N, longitude 076°23′43′′ W; to 

latitude 38°18′16′′ N, longitude 

076°22′35′′ W; thence to latitude 

38°18′12′′ N, longitude 076°22′37′′ W; 

thence to latitude 38°18′36′′ N, 

longitude 076°23′46′′ W, located 

adjacent to the shoreline at U.S. Naval 

Air Station Patuxent River, Maryland. 

All coordinates reference Datum NAD 

1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by the Coast Guard 

Patrol Commander or any Official 

Patrol. 

(ii) Proceed as directed by the Coast 

Guard Patrol Commander or any Official 

Patrol. 

(d) Enforcement period: This section 

will be enforced as follows: 

(1) During the air show practice from 

9 a.m. to 5 p.m. on May 21, 2009. 

(2) Air show practice and modified 

show from 9 a.m. to 5 p.m. on May 22, 

2009. 

(3) ‘‘Meet the Performers Party’’ (at 

Cedar Point Officers’ Club) performance 

from 6 p.m. to 9 p.m. on May 22, 2009. 

(4) Air show performances from 9 

a.m. to 5 p.m. May 23 and 24, 2009. 

Dated: March 16, 2009. 

Neil O. Buschman, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting. 

[FR Doc. E9–6426 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0018] 

RIN 1625–AA00 

Safety Zone: Hampton Roads Air 

Show, Back River, Hampton, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone on the Back 

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12290 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 

River in the vicinity of Hampton, VA 

during the Hampton Roads Air Show. 

This action is intended to restrict vessel 

traffic movement in the vicinity of 

Willoughby Point, VA to protect 

mariners from the hazards associated 

with air show events. We propose 

enforcement of this safety zone from 5 

p.m. to 9 p.m. on April 24, 2009, and 

daily from 9 a.m. to 5 p.m. on April 25, 

and April 26, 2009. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before April 14, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0018 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 methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Lieutenant Tiffany Duffy, 

Chief, Waterways Management Division, 

Sector Hampton Roads at (757) 668– 

5580. 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: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0018), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0018’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0018 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 

of the Department of Transportation 

West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

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

through Friday, except Federal holidays; 

or the Commander, Sector Hampton 

Roads, Norfolk Federal Building, 200 

Granby St., 7th Floor between 9 a.m. 

and 2 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

Coast Guard Sector Hampton Roads 

has been notified that Langley Air Force 

Base will host an air show event in the 

vicinity of Willoughby Point, VA 

immediately above the Back River, 

Hampton, VA. The event is scheduled to 

take place April 24, 2009 through April 

26, 2009. In recent years, there have 

been unfortunate instances of jets and 

planes crashing during performances at 

air shows. Along with the jet or plane 

crash, there is typically a wide area of 

scattered debris that also damages 

property and could cause significant 

injury or death to mariners observing 

the air show. Due to the need to protect 

mariners transiting on the Back River 

immediately below the Air Show from 

the hazards associated with a potential 

jet or plane crash, the Coast Guard 

proposes that a safety zone bound by the 

following coordinates be established: 

37°05′35′′ N/076°20′47′′ W; thence to 

37°05′43′′ N/076°20′14′′ W; thence to 

37°05′19′′ N/076°20′02′′ W; thence to 

37°05′12′′ N/076°20′18′′ W (NAD 1983). 

Access to this area will be temporarily 

restricted for public safety purposes. 

Discussion of Proposed Rule 

The Coast Guard proposes 

establishing a safety zone on specified 

waters of the Back River bound by the 

following coordinates: 37°05′35′′ N/ 

076°20′47′′ W; thence to 37°05′43′′ N/ 

076°20′14′′ W; thence to 37°05′19′′ N/ 

076°20′02′′ W; thence to 37°05′12′′ N/ 

076°20′18′′ W (NAD 1983), in the 

vicinity of Willoughby Point on the 

Back River, Hampton, Virginia. This 

safety zone is proposed in the interest 

of public safety during the Hampton 

Roads Air Show and will be enforced 

from 5 p.m. to 10 p.m. on April 24, 2009 

and from 9 a.m to 5 p.m daily on April 

25, 2009 and April 26, 2009. Access to 

the safety zone will be restricted during 

the specified date and times. Except for 

vessels authorized by the Captain of the 

Port or his Representative, no person or 

vessel may enter or remain in the safety 

zone. 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12291 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. Although this proposed 

regulation restricts access to the safety 

zone, the effect of this rule will not be 

significant because: (i) The safety zone 

will be in effect for a limited duration; 

(ii) the zone is of limited size; and (iii) 

the Coast Guard will make notifications 

via maritime advisories so mariners can 

adjust their plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The safety zone 

will only be in place for a limited 

duration. Before the effective period of 

April 24, 2009 to April 26, 2009, 

maritime advisories will be issued 

allowing mariners to adjust their plans 

accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Tiffany Duffy, Chief, Waterways 

Management Division, Sector Hampton 

Roads at (757) 668–5580. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect 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. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

mstockstill on PROD1PC66 with PROPOSALS

12292 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. This proposed rule 

involves a temporary safety zone that 

will be in effect for less than one week. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. A preliminary 

‘‘Environmental Analysis Check List’’ 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. We seek any comments or 

information that may lead to discovery 

of a significant environmental impact 

from this proposed rule’’). 

List of Subjects 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; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Add § 165.T05–0018 to read as 

follows: 

165.T05–0018 Safety Zone: Hampton 

Roads Air Show, Back River, Hampton, VA 

(a) Regulated Area. The following area 

is a safety zone: All waters in the 

vicinity of Willoughby Point on Back 

River within the area bounded by 

coordinates 37°05′35′′ N / 076°20′47′′ W, 

thence to 37°05′43′′ N / 076°20′14′′ W, 

thence to 37°05′19′′ N / 076°20′02′′ W, 

thence to 37°05′12′′ N / 076°20′18′′ W. 

(NAD 1983), in Hampton, VA. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative 

means: any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Hampton Roads or his designated 

representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation will be enforced from 5 p.m. 

to 9 p.m. on April 24, 2009 and 9 a.m. 

to 5 p.m. daily on April 25, 2009 and 

April 26, 2009. 

Dated: January 30, 2009. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E9–6428 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1096] 

RIN 1625–AA00 

Safety Zones: Fireworks Displays in 

the Captain of the Port Portland Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes the 

establishment of several safety zones in 

the Captain of the Port Portland, Oregon 

zone for annual fireworks displays that 

take place around the 4th of July each 

year. The safety zones are necessary to 

help ensure the safety of the maritime 

public during the events and will do so 

by prohibiting all persons and vessels 

from entering the safety zones unless 

authorized by the Captain of the Port 

Portland, Oregon or his designated 

representatives. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before May 26, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–1096 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 methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call BM1 Joshua Lehner, Coast 

Guard Sector Portland, 6767 N. Basin 

Ave., Portland, OR 97217–3992, 

telephone (503) 240–9311. 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: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–1096), 

indicate the specific section of this 

mstockstill on PROD1PC66 with PROPOSALS